of the uk patent
Historical Background and Development:
Impact on the 3rd Lord Mountbatten June 1947, the plan of the Indian Independence Act, 1947 was amended by the British Parliament and Pakistan on the world map as an Independent & Sovereign Dominion. In terms of Section 18 (3) of the Act of 1947, the laws of British India were to continue as a law of the Dominion (Pakistan) with the necessary adaptations to the other provisions will be determined by the legislature in Pakistan. The then Governor-General (Mountbatten of Burma) was authorized in Section 9 (1) remains in force to the operation of the Act of 1947 issued the "The Pakistan (adaptation of existing laws Pakistan) decision of August 14, 1947 (GGO No. 20 of 1947).
Section 3 of the Order of 1947 as "From the event, all existing laws of Pakistan is, until they be repealed or amended, or by a competent Legislature or other competent authority, in its application to Pakistan, and any part or parts thereof, shall be subject to the adjustment is in order. " Through these legislative Pakistan inherited wealth of the colonial era and other acts, of which hundreds have been lifted and the remaining have been / will be adopted, adapted and expanded by various laws, regulations promulgated in various stages of the time by the legislature in Pakistan.
At the time of independence of the laws in force in Pakistan were connected with telecommunications "The Telegraph Act, 1885 (XIII of 1885) and The Wireless Telegraphy Act, 1933 (VII 1933). These were expanded and adapted in Pakistan, "The Adjustment of Central Laws and Regulations Order, 1949 (GGO No. 4 of 1949) and the Central Laws (Statute Reforms) Ordinance 1960 (XXI of 1960).
The Act of 1885 was primarily for the telecommunications statute. It was a joint Director General of Posts, Telegraph & Telephone under the Act of 1885. The law grants exclusive privilege of the Government (Posts, Telegraph & Telephone [PTT] Department to establish, maintain, work, licensing, regulation of the telegraph or partially within Pakistan. The government was for the control of the Authority and the telecom sector in Pakistan. Also, the wireless telegraphy, was in the law regulating the possession of wireless telegraph apparatus.
In 1962 contributions and Telegraph (Amendment) Act, 1962 (V 1962) was adopted, the amended Telegraph Act, 1885, The Post Office Act, 1898 and the Wireless Telegraphy Act, 1933. The purpose of amending the Act was the division of the Postal Department and the Telegraph and Telephone Department. The PTT Department dormant for over 30 years without an active, significant and innovative development in the telecom sector.
The arena of development, innovation and liberalization from 1990-1991. With the changing scenario in 1991, Pakistan Telecommunication Corporation Act, 1991 (Act XVIII of 1991) was created by the independent body called the "Pakistan Telecommunication Corporation (PTC)" and "Telegraph & Telephone Department was merged into PTC. The company with a perpetual successor took over all assets and liabilities of PTT unit. In the context of public competition and liberalization of telecom sector opened to private sector and PTC started outsourcing some of the services, ie a card payphones and pre paid calling card operations to private companies . Although the Act of 1991, there was no regulatory body in its true sense, but characteristics of the regulator to a certain extent, there were at PTC. The PTC was set out in the field of telecommunications for the development, research, improvement of quality, advice and the determination of the Government of tariff subject to the approval of the Government, of maintaining links with foreign governments and other regulatory obligations as any leads.
In the year 1994 in terms of liberalization and open the telecommunications industry and the transmission of telecommunications services for private sector and the issues in context, the President of the Council Regulation "Telecommunications Regulation, 1994 (LI-Regulation of 1994) was adopted on 13. July 1994. To promote, preserve fair competition and the regulation of telecom industry and services of telecom regulators "The Pakistan Telecommunication Authority (PTA)," "Frequency Allocation Plan Board (FAB) and National Telecommunication Corporation (NTC) 'set up.
The independent regulatory body (PTA) was the first time in the history of telecommunications in Pakistan under the 1994-regulation. The regulation also caused the Federal Government to the Pakistan Telecommunication Company Limited (PTCL) under Regulation businesses, 1984 to replace the PTC. The company was the exclusivity of the basic telephony services in Pakistan for a period of seven years.
The Regulation of 1994 repealed The Telegraph Act, 1885 (XIII of 1885) and certain parts of the Pakistan Telecommunication Corporation Act, 1991. The regulation was introduced in 1994 before its constitutional death after four months, as provided for in Article 89 of the Constitution of the Islamic Republic of Pakistan in 1973, before the expiry of his constitutional life was to him again on another Presidential Regulation No. LXXVII of 1994 by 7. November 1994. This presidential legislation under Article 89 of the Constitution continues until the regulation has been in Parliament. The Presidential Regulations Regulations No. (XXIII, 1995, March 7, 1995), (LXIII 1995, July 5, 1995), (CIII 1995 of October 30, 1995) and Pakistan Telecommunication (Re-organization) Ordinance, 1995 ( CXV 1995), 27 November 1995. (XXX 1996 of March 7, 1996) and Ordinance No. 1996 of 4 LXXVII July, 1996th Any further regulation repealed the previous one. Finally, the Pakistan Telecommunication (Re-Organization), 1996 (XVII 1996) "was published on 17 October 1996.
Some of the main features of the 1996 Act are:
• Creation of the regulator
• Regulation of the telecommunications industry and services
• transmission of telecommunication system for the private sector
• powers of the federal government to issue policy directives
• Licensing
• Establishment of PTCL as a company under the Companies Regulation, 1984
• Creation of National Telecommunication Corporation (NTC), the telecom services to armed forces, defense projects, federal, provincial governments and local authorities, etc.
• Formation of Frequency Allocation Plan Board (FAB) with the responsibility of the management and allocation of frequencies. The FAB replaced the Pakistan Wireless Board in the framework of "The Wireless Telegraphy Act, 1933 and took over the function of the wireless board.
• Creation of Pakistan Telecommunication Employees Trust with the aim to ensure that the interests of the employees of the Company.
Deregulation Policy 2003:
Section 8 of the 1996 Act authorizes the federal government to issue policy directives and PTA is committed to and compliance with the guidelines. Deregulation means the abolition of government control. It also means that the liberalization of the telecommunications market.
The exclusivity of the Pakistan Telecommunication Company Limited (PTCL) to provide basic telephone services in the context of the 1996 Act expired on 31 December 2002. In July 2003 the Government of Pakistan (GOP) announced policy for the deregulation of telecommunications. " The policy sets the following goals:
• To increase the service choice for customers of telecommunications services at competitive and affordable prices;
• To encourage the development of infrastructure, particularly infrastructure, to increase teledensity and the spread of telecommunication services in all market segments.
• to increase private investment in the private sector.
• To promote the local telecom manufacturing / service industry.
• recognition of the challenge for the incumbent, PTCL.
• acceleration of the expansion of telecom infrastructure to provide services to un-served and underserved areas.
• Liberalization of the telecommunication sector by encouraging fair competition between service providers.
• Maintain effective and clearly defined, that the scheme is in line with best international practice.
• Consistency with Pakistan IT and Interconnect promotion policy of low prices for the bandwidth for Internet access affordable.
• Pakistan to safeguard national and security interest.
Mobile Cellular Policy 2004:
GOP has announced that Cellular Policy. The policy objectives are:
• Promote the efficient use of spectrum;
• Increasing choice for customers of mobile subscribers at competitive and affordable prices;
• Private investment in the mobile sector participants;
• recognition of the rights and obligations of mobile operators;
Fair • A competition among mobile and fixed-line operator;
• An effective and well-defined, that the scheme is in line with international best practices;
As part of and compliance with the Cellular Policy, the regulator has the licenses to foreign companies.
Subordinate legislation:
The Act of 1996, and the broad framework of principles, the powers and functions of the regulator, etc. The law is silent about how the various telecom services, tariffs, interconnection guidelines and dispute the fact that the role and responsibility of the established accounting standards, reporting and problems between the companies are regulated and controlled? To view the various situations, the control and regulation of services offered by the telecom companies and the creation of a fair competition environment, the rules and regulations have been framed by the government and the regulator. The various rules, regulations and directives are:
i. Telecommunication Rules 2000
The rules were framed under Section 57 of the Pakistan Telecommunication (Re-organization) Act, 1996. The rules of procedure provides that the procedures of the licensing procedure, its duration, renewal, amendment, transfer, assignment or transfer and termination. The rules beyond the Interconnection Directive procedures, conditions of interconnection agreement basis, procedures in case of failure to agree to interconnection agreement, interconnection charges, and dispute settlement procedure. The Rules also told, the quality of services, the exchange of information between the two operators, tariff etc.
ii. Access Promotion Contribution Rules 2004:
Is the contribution of Long Distance International (LDI) operators / licensees to Local Loop (LL) operator / licensee or Universal Service Fund (USF) is created and maintained by the Federal Government. USF was for access to telecommunications services for people living in un-served, underserved rural and remote areas, etc.
iii. Payphone Card Service Regulations 2004:
These were from PTA according to Section 5 (2) (O) of the 1996 Act. The Regulations deal with terms and condition of the license, its amendment, renewal and termination, monitoring procedures, Accounting & Auditing, supervised by PTA, responsibilities, application, complaint systems, code of commercial practices, relationships with customers by the payphone operators and other operators etc.
iv. Interconnection Directive Dispute Resolution Regulations 2004:
The regulations are comprehensive procedures for dispute resolution between operators.
V. Other Regulations and Guidelines:
The Pakistan Telecommunication Authority has framed and issued certain other regulations and guidelines. These are:
• Fixed-rate Regulations 2004
• Vehicles Tracking Services Regulation 2004
• Alarm Services Regulations 2004
• Amateur Radio Services Regulations 2004
• Audio Tex Service Regulations 2004
• Non-Voice Communication Network Service Regulations 2004
• Registration of satellite service provider Regulations 2004
• Trunk Radio Services Regulations 2004
• Interconnection Guidelines 2004
• Promotion of Access Regulation 2005
• Number of allocation and administration of Regulation 2005
• Mobile Number Portability Regulations 2005
Regulator:
There are basically two types of regulators, the first so-called "Economy competition regulator," as the monopoly control authority under the Monopoly and restrictive trade practices regulation, 1970, and the other is called the "industry" means.
Although the industry regulator was established in 1994 with the promulgation of the Telecommunication Regulation, 1994, but the real objective behind the creation of such a regulator has been the need for an independent, technical experts and legal person, for some of the most important questions, among others, as in Over the telecom industry from monopoly to competition, protection of the rights of businesses in competition with established businesses and to protect the interests of users of telecommunications services.
An ideal regulatory authority is expected that:
• Determine the size of the telecom market by providing licenses for the purpose of providing telecommunications services.
• promoting healthy relationships between the various service providers by monitoring interconnection agreements, so that service providers have equal access to the network provider by the dominant operator.
• to resolve disputes and maintain a level playing filed or regulate for fair competition so that the dominant operator does not abuse its dominant position in the market.
• To set the policy objectives so that consumers against high prices, poor quality of services, inadequate infrastructure, limited services, unsafe equipment and neglect by the service provider.
• To the complaints of consumers, to regulate and resolve.
• to ensure efficient use of spectrum and space for the provision of IT services.
• promotion of investment, innovation and optimum growth of the sector (or related fields) and the operator performance.
• managing the numbering plan so that there are sufficient numbers available.
• To monitor compliance with the national and international telecommunications equipment suppliers and service providers.
• To monitor compliance with the national and international telecommunications equipment suppliers and service providers.
PTA has all the characteristics of a good regulator and its primary tasks, powers and responsibilities are:
To control the establishment, operation and maintenance of telecommunications systems, and the provisions of the telecommunications services, receive and dispose of the application for the use of radio-frequency spectrum, promoting and protecting the interests of users of telecommunications services to promote and the high quality available, efficient and affordable telecommunications services, investigate and rule on complaints, the issuance, renewal, modification, transmission, monitoring and enforcement of telecom licenses, tariffs and regulate telecommunications facilities, the guidelines and determine the conditions of interconnection arrangements .
In the larger context, we hope that the PTA will hold to the implementation and enforcement of laws Telekom without discrimination between the incumbent and the other telecom operators, so that healthy competition can flourish, and so on hold the development of latest development, law and technology, in the telecom sector.
The author has over 12 years experience in various areas of law especially in the banking, corporate and telecoms. Apart from dealing with other legal issues, he is currently the Legal Administration of the largest telecom operator in Pakistan. E-mail: naeemsheikh@lawyer.com
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