Establishment of appellate telecommunications tribunal

Islamabad:

In a ground-breaking move, the Government of Pakistan has taken a decisive step by establishing the Telecom Appellate Tribunal, with the aim of expeditiously addressing and resolving disputes in the telecom sector. Responding to persistent calls from IT, telecom and internet service providers, the government has strategically enacted the Telecom Appellate Tribunal Ordinance 2023 which is proving to improve the efficiency and responsiveness of the industry.

This newly established Tribunal joins the ranks of specialized bodies, mirroring the respective entities handling disputes in the electricity distribution sector. The caretaker government, recognizing the urgent need for a dedicated institution, formally enacted the Telecom Appellate Tribunal Ordinance 2023, marking a milestone in the evolution of the country’s telecom landscape. The official gazette announcement outlines key details of the Court, which will consist of three members, including the president. The chairman’s qualifications are detailed – he must either be a High Court judge or a lawyer with a significant 15 years’ experience in the field. Specifically, all pending appeals and cases related to the IT and telecommunications sector falling within the jurisdiction of the High Courts will be speedily transferred to the Telecommunications Appellate Tribunal within a month, the newspaper said.

design: mohsin alam

Appeals against decisions made by the Court may be submitted to the Supreme Court within a period of sixty days. While the appointment of the president and members awaits the formalities of the incoming government, expected to be elected on February 8, the legal framework has set a clear path. The law stipulates a four-year term for the president and members, with provisions for re-appointment. Their term expires either at the age of sixty-eight or upon the expiration of the term, unless renewed.

The intricacies of the fee are carefully defined in the ordinance. If the president is a retired judge of a High Court, his entitlements will reflect the last salary, perks and privileges earned in that role. Conversely, if an advocate assumes the role of president, their rights are aligned with the salary, perks, and benefits of the MP-I scale within the federal government structure.

The composition of the Court underlines the importance of expertise. One of the members must hold a graduate-level professional degree in fields such as electrical engineering, electronics, telecommunications, information and communications technology, or information security. The other member should have a similar level of professional qualification in finance, commerce, economics, chartered accountancy or a related subject. Both members are entitled to MP-I scale salary, benefits and allowances, underscoring the importance of their role in ensuring fair and informed decisions in the telecommunications sector.

Reading Telecommunications industry to promote digitization

Caretaker IT Minister Dr Umar Saif, a key player in steering this initiative, stressed that the Telecom Tribunal will function as per the Presidential Order in the absence of Parliament. Saif acknowledged that the establishment of the Tribunal fulfills a long-standing demand of the telecom sector by providing a dedicated platform for speedy resolution of cases.

Saif further explained that the Ministry of Law will play a central role in appointing the president and members of the court, ensuring a transparent and accountable selection process. In addition, the Court will include two-member technocrats, their number subject to adjustment based on evolving needs and circumstances.

One of the most notable features of the Telecom Tribunal is its commitment to decide on approved appeals by telecom operators against decisions of the Pakistan Telecommunication Authority (PTA) within a strict time frame of 90 days, the minister said. This represents a paradigm shift from the Supreme Court’s historical practice of approaching operational or service disputes between PTAs and telecommunications carriers, a process notorious for unnecessary delays.

This newly established court addresses historical inadequacies and sets a precedent for effective conflict resolution. By providing a dedicated and dedicated forum for the resolution of disputes, the Telecom Tribunal is poised to play a critical role in ensuring the continued growth and stability of the telecom industry by fostering an environment conducive to innovation and investment. As the sector continues to evolve, the importance of such dedicated institutions is becoming increasingly apparent, positioning Pakistan as a forward-thinking player in the global telecom landscape.

Published in The Express Tribune, January 5^u2024.

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