ISLAMABAD: Pakistan’s proposed amendments to the Pakistan Telecommunication (Re-organisation) Act, 1996 have sparked intense public debate, with critics claiming the changes would allow telecom companies to seize private property and install infrastructure without owners’ consent. However, experts argue that such concerns misrepresent the purpose of the legislation, which is primarily aimed at accelerating the country’s digital transformation.
Modern Digital Economy Needs Modern Laws
Pakistan’s existing telecom law was enacted in 1996, long before smartphones, social media, cloud computing, and artificial intelligence (AI) became central to the global economy. Experts say updating the legal framework is essential if Pakistan wants to compete in the digital age.
The proposed amendments, particularly Sections 27A and 27B, seek to address one of the country’s biggest barriers to digital growth: inadequate telecommunications infrastructure.
Pakistan Lags Behind in Fibre Connectivity
Pakistan currently has more than 207 million mobile and fixed-line subscriptions and over 162 million broadband users. Despite this, only 14–19% of the country’s nearly 58,000 telecom towers are connected to fibre-optic networks.
More than 95% of broadband users rely on mobile internet instead of high-speed fixed broadband, placing Pakistan behind many countries preparing for AI-driven economies.
The Ministry of Information Technology and Telecommunication (MoITT) aims to increase tower fibre connectivity from approximately 16% to 80% by 2029 under its Digital Economy Enhancement Project.
Removing Infrastructure Bottlenecks
According to industry experts, 70–80% of the cost of deploying fibre networks worldwide comes from civil works and obtaining rights-of-way rather than the fibre itself.
Delays in securing permissions from various authorities often increase project costs and slow digital infrastructure development. The proposed amendments are intended to simplify these approval processes.
Global Practice
Pakistan is not alone in adopting such reforms.
Countries including India, Saudi Arabia, the United Kingdom, Singapore, Australia, and members of the European Union have introduced legal frameworks that streamline rights-of-way and simplify approvals for telecom infrastructure.
These measures are widely regarded as essential for expanding broadband access and supporting digital economies.
Government Rejects Property Seizure Claims
One of the strongest criticisms of the proposed amendments is that they allegedly violate constitutional protections for private property under Articles 23 and 24 of Pakistan’s Constitution.
However, the Ministry of IT has repeatedly clarified that the amendments do not authorize compulsory acquisition or occupation of private property.
Government officials told the Senate Standing Committee that telecom infrastructure deployment will continue to require legal procedures, mutual agreements, and dispute resolution mechanisms.
Experts also point out that if the government intended to allow compulsory land acquisition, amendments to existing land acquisition laws would have been required, which has not been proposed.
Balancing Public and Private Interests
Supporters of the legislation argue that reliable internet access has become a public necessity rather than a luxury.
Schools, hospitals, banks, businesses, cloud services, artificial intelligence applications, and data centres all depend on robust fibre-optic infrastructure.
They argue that individual housing societies or local authorities should not be able to indefinitely block projects that benefit thousands of consumers.
Deemed Approval Mechanism
The bill also includes a deemed approval provision, under which applications may be considered approved if authorities fail to respond within a specified timeframe.
Officials say similar mechanisms already exist in many regulatory systems worldwide to prevent unnecessary bureaucratic delays in construction, environmental approvals, and utility services.
Penalties to Prevent Unreasonable Obstruction
The proposed law includes penalties of up to Rs50 million for unlawful obstruction of telecom infrastructure projects.
According to supporters of the amendments, these penalties are intended to discourage arbitrary refusals and ensure that critical national infrastructure projects are not delayed without valid reasons.
Scope for Further Improvements
Legal experts acknowledge that Parliament may further refine the proposed legislation by providing clearer provisions on notice requirements, compensation, appeal rights, and dispute resolution.
However, they argue that such improvements should strengthen—not derail—reforms that are considered essential for Pakistan’s digital future.
With demand for high-speed internet, AI technologies, cloud computing, and digital services continuing to grow, experts believe modernising Pakistan’s telecom laws is a necessary step toward building a competitive digital economy.
