CCP-ministry standoff over telecom policy

The Ministry of Information Technology and Telecommunication (MoIT) has reportedly opposed to review Telecom Policy 2015, as was recommended by the Competition Commission of Pakistan (CCP), it is learnt. The CCP had categorically declared that empowering Pakistan Telecommunication Authority (PTA) to regulate competition related matters in the telecom sector will not only create duplication of jurisdiction but will also engender legal uncertainty for the telecom operators and, therefore, it had recommended for reviewing the Telecom Policy 2015.
According to official sources, the Ministry of Information Technology and Telecommunication after receiving the policy note from the CCP, had engaged its legal team to review it after which a final decision could be taken. According to sources, the legal team has given the recommendations of not endorsing the CCP policy note on the telecom policy.
According to the sources in the PTA, the Authority is not in favour of reviewing Telecom Policy 2015, while saying that it has its own mechanism under the telecom Act where it can regulate competition regulations for telecom sector. However, the official maintained that reviewing the policy falls under the jurisdiction of IT ministry and any decision by the ministry would be final in this regard.
The CCP's policy note to the Ministry of IT and Telecommunication recommended reviewing the Telecom Policy 2015 as the competition rules for the sector in the said policy overlap with the jurisdiction of the CCP. The CCP had observed that Clause 5.1 of the Telecom Policy 2015 formulated and issued by the Ministry of Information Technology and Telecom (MoIT) provides for the making of competition rules exclusively for regulation of ex post competition issues in the telecommunication sector by the PTA.
The rules will provide a process for remedying the anti-competitive behaviours in both ex ante and ex post in the telecom industry. However, under the Competition Act 2010, the CCP has precedence over the rules being framed by the MoIT, which is a subordinate legislation.
The CCP policy note said the Competition Act will prevail in an event of any conflict or overlapping between the CCP's mandate and that of any other regulatory or public body in Pakistan 'to the extent of matters covered under the Competition Act.' The CCP has said that empowering PTA to regulate competition related matters in the telecom sector will not only create duplication of jurisdiction but will also engender legal uncertainty for the telecom operators and consumers as well as wastage of state resources.
The policy note concluded that the development of the rules by the MoIT will result in negation of the exclusive mandate, enforcement powers and purpose for which the whole edifice of competition regime was built by the Parliament through the Competition Act and establishment of the Commission.