ISLAMABAD: Pakistan's Ministry of Information Technology and Telecommunication has proposed a tougher competition regime for the telecom sector that would empower the industry regulator to impose national roaming obligations on operators with Significant Market Power, initiate proceedings against violators and adjudicate disputes.
The proposals are part of the draft Telecommunication Competition Rules, 2026, which aim to establish a sector-specific framework for competition in telecom markets, according to the draft.
Under the draft, the Pakistan Telecommunication Authority may require a licensee with SMP to provide national roaming access where considered necessary to promote effective competition, facilitate network expansion, protect consumer welfare or ensure efficient use of telecom infrastructure.
National roaming obligations would 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 as the sector undergoes consolidation and prepares for wider 5G deployment.
The draft also grants the authority enforcement powers when a licensee is found to have contravened the rules. It may issue directions, require corrective measures, impose proportionate regulatory obligations or initiate proceedings under the relevant law.
Disputes arising under the framework may be adjudicated by the authority, which may consider market efficiency, consumer welfare, proportionality, technical feasibility and competitive impact in resolving them.
The draft states the rules would operate without prejudice to the jurisdiction of the Competition Commission of Pakistan under the Competition Act, 2010. The move is significant given a long-running jurisdictional dispute among the ministry, the authority and the commission over competition regulation in the telecom sector. The Islamabad High Court previously held that the commission has overarching jurisdiction over competition matters.
The draft rules also seek to impose greater regulatory discipline on applications submitted to the authority, requiring fees prescribed under Schedule-I instead of the earlier "reasonable fees" wording. The authority would be empowered to issue guidelines, determinations, frameworks or directions to carry out the purposes of the rules.
The proposed national roaming provisions align with the broader policy objective of encouraging rapid nationwide telecom coverage. The 2015 Telecom Policy had already envisioned national roaming for SMP operators on fair and non-discriminatory terms.
The framework comes at a sensitive time for Pakistan's telecom industry, where consolidation, spectrum concentration, infrastructure access and competitive conditions are increasingly important. Recent authority proposals have suggested a 25-percent market-share threshold as an initial trigger for SMP assessment, alongside broader tests covering market concentration, spectrum holdings, essential infrastructure, financial strength, network effects and barriers to entry.
