INTERWORLD COMMUNICATION PRIVATE LIMITED vs PAKISTAN TELECOMMUNICATION AUTHORITY through Chairman, PTA S — 2023 MLD 323 ISLAMABAD

Case information

Citation: 2023 MLD 323 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: MLD
Parties: INTERWORLD COMMUNICATION PRIVATE LIMITED vs PAKISTAN TELECOMMUNICATION AUTHORITY through Chairman, PTA S
Subject matter: Service
Provisions referred to: S. 4---F; S. 4

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

INTERWORLD COMMUNICATION PRIVATE LIMITED VS PAKISTAN TELECOMMUNICATION AUTHORITY through Chairman, PTA S. 4---Functions of the authority---Scope---Question before High Court was whether the Pakistan Telecommunication authority (PTa) could withhold issuance of service commencement certificates to the petitioner for certain telecom regions pending the adjudication of disputed dues for access Promotion Contribution (aPC) for Universal Service Fund (USF)---Held; by issuing the impugned letter, PTa was saying that, regardless of the merits of the petitioner's defence to the demand for payment of aPC for USF, PTa would not issue the commencement certificate, and in doing so, it would not let the customers of the concerned telecom regions benefit from the services of additional operators---Such was an egregious excess beyond the statutory mandate of PTa which, inter alia, obligated PTa to promote the availability of a wide range of high quality, efficient, cost effective and competitive telecommunication services under S. 4(1)(d) of the Pakistan Telecommunication (Re-organization) act, 1996---PTa had extensive statutory powers to take recovery and enforcement actions once disputed dues were adjudicated and found due, but there was no mandate with the PTa to stop commencement of services in the meantime and render nugatory the substantial investments made by its licensees in the network and other facilities---appeal was allowed, impugned judgment was set aside and the PTa was directed to issue the service commencement certificates to the petitioner.

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