OPINION: Understanding the Telecom Act Amendment: Facts, Misconceptions, and the Way Forward

Pakistan’s proposed telecom law amendments have sparked heated debate, as officials clarify the bill focuses on easing 5G infrastructure rollout, not allowing towers on private homes.

By Shahid Maqsood
IT & Telecom Professional

The proposed amendments to Pakistan’s Telecom Act, particularly those relating to the Right of Way (ROW), have generated considerable public debate. Public discussion on important legislation is both healthy and necessary. However, much of the debate surrounding these amendments appears to be driven by misconceptions rather than the actual contents of the proposed law.

Unfortunately, instead of discussing the legal and technical aspects of the amendment, parts of the conversation have shifted towards speculation and personal criticism of the Ministry of Information Technology and Telecommunication and its leadership. Such an approach neither serves the public interest nor contributes to informed policymaking.

The objective of the proposed amendment is straightforward. It is not intended to grant telecom operators unrestricted authority to install cellular towers wherever they choose. Rather, it seeks to simplify the Right of Way (ROW) process for telecom infrastructure by removing unnecessary administrative hurdles that have delayed network expansion across Pakistan for years.

Today, telecommunications infrastructure is as essential as roads, electricity, and water. Every aspect of modern life, including education, healthcare, banking, e-commerce, emergency services, and digital governance, depends on reliable and high-speed connectivity. As data consumption continues to grow exponentially, Pakistan requires faster deployment of mobile towers, fiber optic networks, and next-generation telecommunications infrastructure.

One of the biggest misconceptions circulating on social media is that the amendment would allow telecom companies to install cellular towers on private residential houses. This is simply incorrect.

Residential properties cannot legally be used for commercial purposes under existing laws. The proposed amendment does not alter these legal restrictions. Telecom infrastructure will continue to be installed only at locations where such installations are legally permissible. The amendment does not override existing property laws or authorize telecom companies to occupy private residential property without due process.

Similarly, there is a misconception that commercial property owners will lose their rights or rental income. Again, this is incorrect.

Telecom operators will continue to negotiate commercial agreements with property owners exactly as they do today. Commercial building owners who voluntarily lease their rooftops for telecom installations will continue receiving market-based rental payments. In fact, telecom companies frequently receive offers from commercial property owners seeking tower installations because these arrangements provide a stable source of long-term income.

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The amendment also proposes that disputes between telecom operators and commercial property owners be decided through a specialized tribunal instead of ordinary civil courts. This is not an unusual legal mechanism. Pakistan already has specialized tribunals for taxation, banking, customs, labour, and competition matters. Such forums generally provide faster and more technically informed decisions than lengthy civil litigation.

The most important aspect of the proposed amendment concerns government departments and private housing societies.

For years, telecom operators have faced significant delays in obtaining Right of Way permissions from municipal authorities, development authorities, cantonment boards, government agencies, and private housing societies. In many cases, approvals take months or even years. Different authorities often apply different procedures, impose varying charges, or delay permissions without clear justification. These bottlenecks increase project costs, discourage investment, delay infrastructure rollout, and ultimately affect consumers through weaker network coverage and slower internet services.

The proposed amendment seeks to establish a transparent, predictable, and efficient framework for granting Right of Way permissions. The provision relating to mandatory approvals and zero Right of Way charges applies to government entities and private housing societies, not to individual homeowners or private residential properties. The purpose is to eliminate unnecessary administrative barriers while maintaining legal safeguards.

These reforms are also essential for Pakistan’s transition towards fifth-generation (5G) mobile technology.

Unlike previous generations of mobile communications, 5G requires a much denser network of base stations, extensive fiber optic connectivity, and significantly more telecom infrastructure. Every advanced digital economy has recognized that efficient Right of Way policies are a prerequisite for successful 5G deployment. Without timely approvals and streamlined procedures, Pakistan risks falling behind regional and global competitors in adopting next-generation digital technologies.

The benefits of 5G extend far beyond faster mobile internet. It will support smart cities, artificial intelligence, the Internet of Things (IoT), autonomous transportation, Industry 4.0, precision agriculture, digital healthcare, remote education, and advanced public safety systems. These technologies cannot become a reality without modern telecommunications infrastructure supported by an efficient Right of Way framework.

Countries around the world have already modernized their Right of Way regulations to accelerate broadband deployment and encourage investment in digital infrastructure. Pakistan must adopt similar reforms if it wishes to strengthen its digital economy, attract foreign investment, improve service quality, and create opportunities for innovation and economic growth.

Public policy should always remain open to constructive criticism. However, criticism should be directed towards the substance of legislation rather than individuals responsible for implementing government policy. Differences of opinion are natural, but they should be based on facts, legal analysis, and technical understanding instead of misinformation or speculation.

It is therefore unfortunate that some commentary surrounding the proposed amendments has shifted from discussing the law itself to targeting the Ministry of Information Technology and Telecommunication and, in particular, Secretary IT & Telecom, Mr. Zarrar Hashim Khan.

Mr. Zarrar is a seasoned technology professional with extensive experience in both Pakistan and internationally. Throughout his career, he has worked across the public and private sectors in areas including digital transformation, technology policy, investment promotion, innovation, digital governance, and large-scale technology programmes. His experience reflects years of leadership in advancing digital initiatives and strengthening technology ecosystems. Whether one agrees or disagrees with any particular policy proposal, public officials deserve to be evaluated on their professional work and the merits of the policies they implement rather than becoming targets of personal attacks.

The media also has an important responsibility. As one of the primary sources of public information, it should carefully review proposed legislation, verify facts, consult subject matter experts, and present balanced reporting before reaching conclusions. Telecommunications legislation is highly technical, and incomplete or inaccurate reporting can unintentionally create confusion, spread misinformation, and divert public attention from the real issues that deserve discussion.

The proposed Telecom Act amendment is fundamentally about improving the efficiency of telecom infrastructure deployment by removing administrative barriers that have delayed network expansion for years. It does not authorize telecom companies to install towers on private homes, nor does it eliminate commercial rental arrangements with property owners. Instead, it aims to establish a transparent and predictable Right of Way framework that supports faster infrastructure deployment, encourages investment, facilitates the rollout of 5G, and improves digital connectivity for citizens across Pakistan.

As Pakistan moves towards a digital future, informed discussion is essential. Constructive debate should focus on the actual provisions of the law, objectively evaluate both its benefits and any legitimate concerns, and avoid personal attacks against individuals entrusted with implementing public policy. Responsible journalism, fact-based reporting, and evidence-driven public discourse will ultimately contribute to better legislation, stronger institutions, and a more connected, competitive, and digitally empowered Pakistan.

The writer, Shahid Maqsood, is an IT and telecom expert with more than 20 years of experience working with leading IT and telecommunications firms.