Telecom bill: govt panel rules out access to private property without consent

A committee constituted by PM Shehbaz to review the Right of Way provisions incorporated in the Pakistan Telecommunication Reorganisation (Amendment) Bill, 2026, submitted its interim report on Wednesday, reaffirming that private property rights and owner consent would remain fully protected under the proposed legal framework.

Amid mounting political scrutiny and public concern over property rights, Prime Minister Shehbaz Sharif on Sunday ordered the formation of a high-level committee to urgently review controversial provisions of the Bill, particularly clauses governing right-of-way access for telecom infrastructure.

The committee, chaired by Federal Minister for Law and Justice Azam Nazir Tarar, included Senator Sherry Rehman, IT Minister Shaza Fatima Khawaja, Economic Affairs Minister Ahad Cheema, and Attorney General for Pakistan Mansoor Awan, alongside legal and information technology experts.

It was tasked with examining key sections of the draft legislation – namely Sections 2(qb), 2(ma), 27A and 27B – focusing on regulatory powers for the installation of telecommunications infrastructure and access arrangements on private property and within housing societies.

Particular controversy centred on a newly introduced provision – Section 27B – which proposed fines of up to Rs50 million against property owners, tenants, landlords, or institutions that refuse or obstruct right-of-way access for telecom infrastructure.

Critics argued the clause could enable excessive pressure on citizens to permit installations, raising serious concerns over due process and property rights.

The legislation, introduced by Federal Minister for Information Technology Shaza Fatima Khawaja and passed by the National Assembly, was under consideration in Senate.

According to the Ministry of Law and Justice, the committee submitted its interim report on Wednesday, stating that the primary objective of the Bill was to enhance digital connectivity across the country while safeguarding the rights of citizens.

“However, the committee observed that certain provisions require further clarification in their drafting to eliminate any ambiguity.

“The report states that, in matters relating to private property, the consent of the owner and mutual agreement shall remain fundamental requirements. No action concerning access to or use of the land, building, property, or assets of any private individual or private legal entity shall be undertaken without the owner’s consent and a mutually agreed arrangement,” the Law ministry said in its statement.

As per the details, the committee recommended that the scope of the law be expressly clarified to apply to land, buildings, properties, and assets owned or administered by public bodies, the federal government, provincial governments, and local governments, as well as regulated private residential schemes, cooperative housing societies, and other entities of a similar nature.

“The committee has further recommended that the definitions of private land, private property, private persons, companies, cooperative societies, and other forms of joint ownership arrangements be expressly and clearly incorporated into the law so as to avoid any misunderstanding at any level.”

According to the report, a clear distinction shall be maintained between above-ground and underground telecommunications infrastructure, Right of Way, and related equipment, and separate procedures shall be prescribed for each category.

“In the event of a dispute between a licensee and a public authority, residential scheme, cooperative housing society, or any other entity of a similar nature, the matter shall be referred to the Appropriate Government. The Appropriate Government shall decide the matter within forty-five (45) days in accordance with law.”

The committee recommended that clear guiding principles be prescribed for the Appropriate Government to enable it to assess the necessity, appropriateness, public interest considerations, and payable compensation relating to any proposal.

The panel further recommended that any person aggrieved by the decision of the Appropriate Government shall have the right to seek recourse before the Telecommunication Appellate Tribunal established under Section 7A of the Pakistan Telecommunication (Reorganisation) Act, 1996.

“The decision of the Tribunal in such matters shall be final.”

The report recommended a reconsideration of the overriding clause to ensure consistency between the language and objectives of the law and to remove any ambiguity concerning the rights of citizens.

The committee also recommended a review of the amount of the penalty proposed under Section 27B(1) and its alignment with the overall objectives, structure, and provisions of the law.

According to the Law ministry, the committee reached consensus on the broad principles, policy objectives, and necessary amendments.

“In light of the committee’s recommendations, a draft of the proposed amendments to the Pakistan Telecommunication Reorganisation (Amendment) Bill, 2026, will be finalised within one week and submitted for further consideration and directions.”

The ministry clarified that the government was committed to the development of the telecommunications and information technology sectors.

“However, such development shall proceed with full protection of the constitutional and legal rights of citizens.

“There shall be no compromise on the principles of protection of private property, owner consent, the right to object, legal safeguards, and compensation. The objective of the Right of Way reforms is to provide the public with improved, reliable, and high-speed internet services, and not to adversely affect any citizen’s proprietary rights,” the ministry said.