Pakistan plans tougher telecom rules, national roaming obligations for dominant operators

ISLAMABAD: The Ministry of Information Technology and Telecommunication (MoITT) has proposed a tougher competition regime for the telecom sector, empowering the regulator to impose national roaming obligations on operators with Significant Market Power (SMP), initiate proceedings against violators and adjudicate disputes while placing greater emphasis on consumer welfare and competitive impact.

The proposals form part of the draft Telecommunication Competition Rules, 2026, which are aimed at establishing a sector-specific framework for competition in telecom markets.

According to the draft, the Authority may require a licensee possessing SMP to provide national roaming access where considered necessary to promote effective competition, facilitate network expansion, protect consumer welfare or ensure efficient utilisation of telecom infrastructure.

The draft further proposes that national roaming obligations would have to be imposed on fair, reasonable, transparent and non-discriminatory terms, with the Authority empowered to determine the technical feasibility, operational scope and duration of such arrangements.

The proposed framework could significantly increase regulatory pressure on dominant telecom operators, particularly as the sector undergoes consolidation and prepares for wider 5G deployment.

The draft also provides the Authority with enforcement powers where a licensee is found to have contravened the rules. It may issue directions, require corrective measures, impose proportionate regulatory obligations and/or initiate proceedings under the relevant Act.

Importantly, the proposed rules state that disputes arising under the framework may be adjudicated by the Authority in accordance with the law.

While resolving disputes, the Authority may consider a broader set of factors, including market efficiency, consumer welfare, proportionality, technical feasibility and competitive impact.

The draft also envisages the rules as a sector-specific regulatory framework for telecommunications markets, while expressly stating that they would operate without prejudice to the jurisdiction of the Competition Commission of Pakistan (CCP) under the Competition Act, 2010.

The move is particularly significant against the backdrop of a long-running jurisdictional dispute between the MoITT, PTA and CCP over competition regulation in the telecom sector. The Islamabad High Court had previously held that the CCP has overarching jurisdiction over competition matters.

The draft rules also seek to bring greater regulatory discipline to applications submitted to the Authority. Such applications would be required to carry fees prescribed under Schedule-I, replacing the earlier wording referring to “reasonable fees”.

The Authority would additionally be empowered to issue guidelines, determinations, frameworks or directions for carrying out the purposes of the rules.

The proposed national roaming provisions are consistent with the broader policy objective of encouraging rapid nationwide telecom coverage. The 2015 Telecom Policy had already envisaged national roaming for SMP operators on fair and non-discriminatory terms.

The proposed framework comes at a sensitive time for Pakistan’s telecom industry, where consolidation, spectrum concentration, infrastructure access and competitive conditions are becoming increasingly important. Recent PTA proposals have also suggested a 25-percent market-share threshold as an initial trigger for SMP assessment, alongside wider tests covering market concentration, spectrum holdings, essential infrastructure, financial strength, network effects and barriers to entry.