The Ministry of Information Technology and Telecommunication (MoITT) has proposed a tougher competition regime for Pakistan’s telecom sector, including powers for the regulator to impose national roaming obligations on operators with Significant Market Power (SMP).

The proposals are contained in the draft Telecommunication Competition Rules, 2026, which seek to establish a sector-specific framework for regulating competition in telecom markets while placing greater emphasis on consumer welfare, market efficiency, and competitive impact.

Under the proposed rules, the Pakistan Telecommunication Authority (PTA) may require a licensee with SMP to provide national roaming access where it considers the measure necessary to promote effective competition, expand network coverage, protect consumers, or ensure efficient use of telecom infrastructure.

National roaming arrangements would have to be offered on fair, reasonable, transparent, and non-discriminatory terms. The Authority would also determine their technical feasibility, operational scope, and duration.

The proposed provisions could increase regulatory scrutiny of dominant operators at a time when Pakistan’s telecom industry is undergoing consolidation and preparing for wider 5G deployment.

PTA proposed broader enforcement powers

The draft rules would give the Authority additional powers to act against licensees found to have violated the proposed competition framework.

The PTA could issue directions, require corrective measures, impose proportionate regulatory obligations, and initiate proceedings under the relevant law.

The Authority would also be empowered to adjudicate disputes arising under the framework. In doing so, it may consider factors including market efficiency, consumer welfare, proportionality, technical feasibility, and the impact of a particular decision on competition.

The draft rules also clarify that the proposed telecom-specific framework would operate without prejudice to the jurisdiction of the Competition Commission of Pakistan (CCP) under the Competition Act, 2010.

The provision comes against the backdrop of a long-running jurisdictional dispute involving the MoITT, PTA, and CCP over the regulation of competition in the telecom sector. The Islamabad High Court has previously held that the CCP has overarching jurisdiction over competition matters.

The draft also proposes greater regulatory discipline for applications submitted to the Authority. Applicants would be required to pay fees prescribed under Schedule I, replacing the previous reference to “reasonable fees.”

In addition, the PTA would be authorized to issue guidelines, determinations, frameworks, and directions needed to implement the proposed rules.

The proposed national roaming regime builds on Pakistan’s earlier telecom policy. The 2015 Telecom Policy had envisaged national roaming for SMP operators on fair and non-discriminatory terms, with the objective of supporting wider network coverage.

The framework comes as issues surrounding market concentration, spectrum holdings, infrastructure access, and barriers to entry gain greater importance in Pakistan’s telecom market.

Recent PTA proposals have also suggested a 25 percent market-share threshold as an initial trigger for assessing SMP, alongside other factors such as market concentration, spectrum ownership, essential infrastructure, financial strength, network effects, and barriers to entry.

If implemented, the proposed rules would give the telecom regulator a broader set of tools to address competitive concerns while making consumer welfare and the impact on competition central considerations in regulatory decisions.