NATIONAL TELECOMMUNICATION CORPORATION (NTC) vs PAKISTAN TELECOMMUNICATION AUTHORITY (PTA) Ss

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NATIONAL TELECOMMUNICATION CORPORATION (NTC) VS PAKISTAN TELECOMMUNICATION AUTHORITY (PTA) Ss.7(1), 21 (3) & 41(3)---Telecommunication services---Exclusive rights---Non-exclusive telecom licence---Scope---Appellant corporation was aggrieved of order passed by Pakistan Telecommunication Authority holding that there was no bar on designated customers of appellant corporation from acquiring services from private telecom operators---Validity---Non-exclusive telecom licence is a type of license granted by government or regulatory authority that allows a telecom operator to provide communication services without any exclusivity---Other operators may also be granted a licence to operate in the same area and to provide similar services to customers whether governmental or non-governmental---Non-exclusive telecom license is typically granted to promote competition and prevent a single operator from monopolizing the market--- It allows multiple operators to provide services to customers which can lead to better quality, pricing and innovation in the market---Only way that desire of appellant corporation or National Telecommunication and Information Technology Security Board (N.T.I.S.B.), that it should have the exclusive right to provide telecom services to Government organizations or that the Government organizations could obtain telecom or internet services from private telecom service providers only after obtaining a N.O.C. from appellant corporation could be fulfilled if Ss.21(3) and 41(3) of Pakistan Telecommunication (Re-organization) Act, 1996 were amended so as to give the appellant corporation the exclusive right to provide telecom or internet services to Government organizations--- Such desire could not be achieved by issuing a policy directive as it would be inconsistent with the provisions of Pakistan Telecommunication (Re-organization) Act, 1996--- Decision taken by Pakistan Telecommunication Authority that there was no bar on the designated customers of appellant corporation to acquire telecom services from private operators was in conformity with and not in derogation of Ss.21(3) & 41(3) of Pakistan Telecommunication (Re-organization) Act, 1996---High Court declined to interfere in the decision of the Authority, as there was no legal or jurisdictional infirmity in it---Appeal was dismissed, in circumstances.

NATIONAL TELECOMMUNICATION CORPORATION (NTC) vs PAKISTAN TELECOMMUNICATION AUTHORITY (PTA) Ss — 2023 CLC 1481 ISLAMABAD

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