The Competition Commission of Pakistan (CCP) has advised the government to assess the Telecom Policy 2015 in relation to the Competition Rules for the Telecom Sector. As it is the authority of the CCP under the Competition Act, 2010.
The CCP witnessed that the Clause 5.1 of the Telecom Policy 2015 framed and delivered by the MoIT offers for the making of competition rules wholly for directive of ex-post competition disputes in the telecommunication sector by the PTA.
CCP Asks Govt to Reconsider the Telecom Policy 2015
The guidelines will deliver a process for relieving the monopolistic behaviors in the telecom industry. The Competition Act being an act of the Parliament takes preference over the rules being framed by MoIT, which is a subsidiary legislature.
Therefore, the Competition Act would predominate in the happening of any conflict or edge between the CCP’s directive and that of any other supervisory or public body in Pakistan to the degree of matters covered under the Competition Act.
Authorizing PTA to standardize competition-related matters in the telecom sector will not only form unnecessary repetition of rules, but also cause authorized improbability for the telecom operators and users. That might result in depletion of state assets.
The long-awaited Telecom Policy was approved by the Economic Coordination Council (ECC) on 11th December, 2015. The policy emphasizes many issues faced by cellular mobile operators (CMOs), who are viewing the new policy as an encouraging progress that will make the telecom sector stronger.
The growth of the rules by the MoIT will end in the denial of the special order, implementation powers and purpose on which the entire network of competition administration was made by the Parliament via the Competition Act and institution of the commission, the policy note determined.
CCP suggested that the Telecom Policy 2015 should be revised with specific attention to the competition problems. So that any real or probable conflict between the explicit order of the PTA and authority of the CCP can be evaded.