| Case ID |
106524da-b48e-4dd7-8fa0-c78d6975dfe8 |
| Body |
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| Case Number |
Civil Petition No.1545 of 2009 |
| Decision Date |
Feb 06, 2014 |
| Hearing Date |
Feb 06, 2014 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the petitioner, Pakistan Telecom Mobile Ltd., stating that the Pakistan Telecommunication Authority (PTA) could not impose the Annual Spectrum Administrative Fee (ASAF) on the petitioner during the existence of its license without proper statutory authority. The Court emphasized that the existing license, which was granted in August 1998, clearly detailed the financial obligations of the petitioner and did not include provisions for ASAF. The Court also held that the ASAF was distinct from the charges for the use of the frequency spectrum, which the petitioner had been using since 1998. The ruling reinforced the independence of the PTA as a regulator and clarified that any modifications to existing licenses required mutual consent and could not be unilaterally imposed by the PTA or the Federal Government. |
| Summary |
In the case of Pakistan Telecom Mobile Ltd. vs. Pakistan Telecommunication Authority, the Supreme Court of Pakistan addressed the legality of the Annual Spectrum Administrative Fee (ASAF) demanded by the PTA from the petitioner. The Court found that the ASAF was not stipulated in the existing license and that the PTA had misconstrued its regulatory authority by attempting to impose this fee without statutory backing. The judgment highlighted the importance of adhering to the terms of existing licenses and the need for regulatory bodies to act within the constraints of the law. This case sets a precedent for the interpretation of regulatory authority and the rights of licensees in the telecommunications sector, ensuring that operators have clarity and certainty regarding their financial obligations. The decision is significant for stakeholders in the telecommunications industry, emphasizing the balance of power between regulatory authorities and service providers. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Telecommunication Authority,
Pakistan Telecom Mobile Ltd.
|
| Judges |
JAWWAD S. KHAWAJA,
IQBAL HAMEEDUR RAHMAN,
MUSHIR ALAM
|
| Lawyers |
Hamid Khan, Senior Advocate Supreme Court,
Waqar Rana, Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record,
M. Akram Sheikh, Senior Advocate Supreme Court,
Khurram Siddiqui, Director (Law),
Faraz Khan Jadoon, Law Officer,
Khalid Wazir, Assistant Director, PTA
|
| Petitioners |
PAK TELECOM MOBILE LTD.
|
| Respondents |
PAKISTAN TELECOMMUNICATION AUTHORITY, ISLAMABAD
|
| Citations |
2014 SLD 1493,
2014 PLD 478
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Telecommunication (Reorganization) Act (XVII of 1996)
|
| Sections |
22,
8,
3,
4,
5
|