Govt Notifies Telecom Appellate Tribunal for Swift Resolution of Disputes

In a significant move aimed at expediting the resolution of telecom sector disputes, the Ministry of Law and Justice in Pakistan has formally notified the “Telecom Appellate Tribunal Ordinance”.

The ordinance, which was passed by President Dr. Arif Alvi on December 22, 2023, has been introduced to establish a specialized court for the prompt adjudication of disputes within the country’s telecommunications industry.

While talking to ProPakistani, Caretaker IT Minister Dr. Umar Saif said this development marks the first time in the country’s history that such a tribunal has been created. He highlighted that this move is crucial for the efficient disposal of cases within the telecom sector, providing a swift resolution to disputes.

Dr. Umar Saif outlined that the appellate tribunal will make decisions on approved appeals from telecom operators against the decisions of the Pakistan Telecommunication Authority (PTA) within 90 days.

The IT minister added that under the provisions of the Telecom Appellate Tribunal Ordinance, the Ministry of Law will be responsible for nominating the chairperson and members of the tribunal. Additionally, the Telecom Tribunal will include two technocrats as members, with the flexibility to adjust their numbers as needed.

The decision to promulgate the ordinance was made by the caretaker federal cabinet, recognizing the need for a dedicated tribunal to address issues within the telecom sector swiftly.

The Ministry of Information Technology and Telecom explained that due to the absence of the National Assembly, presenting the amendment for the establishment of this specialized court before the Senate would have resulted in a lengthy three to four-month process, further delaying the establishment of the telecom tribunals.

According to sources, to facilitate the creation of the Telecom Appellate Tribunal, amendments have been made to Sections 7 and 22 of the Pakistan Telecommunication (Re-organization) Act, 1996. The tribunal aims to streamline and expedite the adjudication of cases, thereby alleviating the burden on the regular court system.

The tribunal will consist of three members, with the chairman being a Judge of the High Court or an individual possessing equivalent legal experience. Additionally, one of the two remaining members will serve as a technical expert, while the other will be a financial expert.

The establishment of the Telecom Appellate Tribunal is expected to bring resolution to long-standing disputes within the telecom sector, including cases related to the telecom spectrum.

This resolution is particularly crucial for the government’s plans to auction 5G in Pakistan. With the government announcing the 5G auction scheduled for July this year, the auction advisory committee has already met, urging the frequency allocation board to allocate spectrum for the upcoming 5G auction.