Updated: Tuesday March 04, 2014/AthThulatha
Jamada El Oula 03, 1435/Mangalavara
Phalguna 13, 1935, at 06:11:04 PM
The
(SRO 220(1)/2012
REGULATIONS, 2012
[Gazette of
S. R. O. 220(I)/2012, dated 26.1.2012.—In exercise of powers conferred under clause (o) of
sub-Section 2 of Section 5 of the Pakistan Telecommunication (Reorganization)
Act, 1996, the Pakistan Telecommunication Authority is pleased to make the
following regulations, namely:---
PART-I
PRELIMINARY
1. Short title
and Commencement.—(1) These
Regulations shall be called the ‘Mobile Virtual Network Operation Regulations,
2012’.
(2) They shall
come into force from the date of gazette notification.
2. Definitions.—(1) In these Regulations unless there is anything
repugnant in the subject or context,---
(a) “Act”
means the Pakistan Telecommunication (Re-organization) Act, 1996;
(b) “Commercial
Agreement” means the terms and conditions on which an MNO and MVNO mutually
agree for the purpose of these regulations;
(c) “Framework”
means the framework issued by the Authority for MVNO services in
(d) “License”
means a license issued by the Authority to a ‘Mobile Virtual Network Operator
in accordance with these regulations:
(e) “Mobile
Virtual Network Operator (MVNO)” means an operator holding a license
granted by the Authority to provide cellular mobile services by entering into a
commercial agreement with a Mobile Network Operator (MNO) and does not own
spectrum;
(f) “Mobile
Network Operator (MNO)” means a cellular mobile service licensee of the
Authority;
(g) “Regulations”
means the regulations issued by the Authority from time to time;
(h) “Rules”
means the rules issued by the Federal Government under Section 57 of the
Act; and
(i) “SIM”
means the subscriber identity module to be provided as a connection for
cellular mobile services by the Licensee.
(2) The words and expressions used but not
defined in these regulations shall have the same meanings as assigned to them
in the Act, Rules and Regulations.
PART-II
PROCEDURE FOR APPROVAL OF COMMERCIAL AGREEMENT AND
GRANT OF LICENSE
3. Procedure
to be followed by Mobile Network Operator.—(1) An MNO shall submit to the Authority, a draft of the proposed
Commercial Agreement between the MNO and proposed MVNO, containing inter alia, the detailed provisions
regarding the following aspects:---
(a) Quality of service;
(b) Number Portability support by MVNO;
(c) Roaming arrangements;
(d) Customer care arrangements;
(e) Dispute resolution mechanism; and
(f) National Security arrangements.
(2) Upon satisfactory evaluation of the
Commercial Agreement, the Authority may approve the agreement which shall be
intimated to the MNO.
(3) If the approval of the proposed Commercial
Agreement is declined for reasons of defect, the MNO may apply afresh after
removing the said deficiency.
(4) The proposed MVNO applicant may enter into
commercial agreements with more than one MNO.
4. Criteria
for the eligibility of applicants for a MVNO Class License.—(1) All companies registered with Securities and
Exchange Commission of
Provided that an
application for a license as an MVNO operator will only be considered if
submitted within thirty (30) days of the grant of approval of the proposed
commercial agreement by the Authority under sub-regulation (2) of Regulation 3.
(2) The Authority shall consider the application
for a License taking into account the following factors, namely:--
(a) Technical and Business Plan of the proposed
MVNO;
(b) Technical competence, experience of
applicant’s key members of staff;
(c) Financial viability of the proposed MVNO;
and
(d) Registration of the proposed MVNO with the
Securities and Exchange Commission of
5. Fees.—(1) Initial license fee for an MVNO Class license
shall be US $ 5 million:---
Provided that an
MVNO Licensee shall pay all regulatory fees and contributions in the same way
as applicable on an MNO in accordance with the Act, Rules, Regulations and
license conditions.
(2) The fee
shall be paid through a demand draft or pay order issued in favor of the
Authority.
6. Grant of
License.—Upon satisfactory evaluation
of the application by the Authority, an MVNO license shall be granted within
thirty (30) working days of receiving of the application in the prescribed form
complete in all respect.
7. Duration.—Subject to the Act, Rules and Regulations made there
under, a License issued by the Authority shall be valid for an initial period
of ten (10) years, subject to the mutual agreement between the parties:---
Provided that
the license term may be extended for a further period of ten (10) years by the
Authority, upon expiry of each term, subject to mutual agreement between the Licensee
and the MNO concerned:---
Provided further
that upon expiry of the mutual agreement, expiry or termination of the parent
MNO(s) license, the License shall automatically stand terminated.
PART-III
MISCELLANEOUS PROVISIONS
8. General
Conditions.—(1) The Licensee shall
get its customer agreement form and contents of the standard contract of
service document approved by the Authority prior to the commencement of its
services.
(2) The Licensee shall issue SIM(s) with its
own brand name.
(3) The Licensee may with approval of the
Authority offer value added services independently or by bundling them with
basic mobile telephony services.
(4) Quality of service shall be the
responsibility of the Licensee.
(5) Licensee may enter into roaming agreements
with other operators on mutually agreed terms.
(6) The number allocation procedure for the
Licensee(s) shall be as prescribed in Annex-B to these Regulations.
(7) The Licensee shall establish easy to use
and efficient compliant handling mechanism for effective resolution consumer
complaints.
9. Commencement
of Operations.—(1) The Licensee shall
be obliged to commence licensed services within one year from the date of grant
of License.
(2) The Licensee shall not provide any licensed
services, within a period as required in sub-regulation (1) of Regulation 9, to
a customer, or accept any payment from a customer in respect of the licensed
services to be provided by the Licensee, unless a commencement certificate is
issued by the Authority certifying that the Licensee has established the
required telecom system under the provisions of the License and is able to
provide licensed services.
(3) The Licensee shall give 30 days prior
notice to the Authority prior to the date on which the Licensee intends to
commence providing any licensed service to customers. The Licensee shall co-operate
with the Authority in scrutiny and investigation of its telecommunication
system in connection with the issuance of a commencement certificate.
(6) A Licensee may apply to the Authority for
extension in the required date of commencement of services, only in exceptional
circumstances:---
Provided that
the application of the Licensee for grant of extension in the date of
commencement under these Regulations may only be considered by the Authority if
deemed appropriate, and the decision of the Authority shall be final and
binding.
10. Rights
and Obligations of MNO(s).—(1) Upon
commencement of services by an MVNO as prescribed in Regulation 9, the MNO
shall provide service to the MVNO(s) without any interruption.
(2) The parent MNO(s) shall not suspend or
terminate services to the MVNO(s) Licensee without prior approval of the
Authority.
(3) An MNO may enter into commercial agreements
with more than one MVNO Licensee.
(4) The MNO(s) shall be responsible for
national security.
11. Dispute
Resolution.—(1) The MNO concerned and
MVNO Licensee shall make all reasonable efforts to resolve their disputes in
accordance with the terms and conditions of the Commercial Agreement, amicably
without delay.
(2) If the MNO concerned and MVNO are unable to
resolve the dispute referred to in sub-regulation (1) above, they shall refer
the dispute to the Authority for resolution.
12. Inspection.—(1) The Authority may as and when required authorize
an officer, to inspect the premises and records maintained by an MVNO Licensee
for the purpose of these regulations.
(2) The MVNO Licensee shall ensure all
practicable assistance to the officer of the Authority for an inspection at any
time.
13. Provision
of Information to the Authority.—The
MVNO Licensee shall produce and provide any document or record to the Authority
as and when required for the purpose of any inspection or investigation.
ERUM
LATIF,
Deputy
Director (Law & Regulations-I),
Annex-A
http://www.pta.gov.pk
Application
No. (to be filled by PTA)
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CHECK LIST FORM
(TO BE SUBMITTED WITH THE APPLICATION)
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# |
Items |
Check (√) if
attached |
# of pages |
For PTA use only |
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1. |
Applicant(s) profile; |
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2. |
Evaluation fee; Submit proof of deposit |
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3. |
Certificate of Incorporation (including Memorandum
& Article of Association and Form-29 and Form-A duly certified by SECP) |
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4. |
a. Attested
copies of Computerized National Identity Card for Pakistani National
shareholder directors, b. Attested
copies of Passport of foreign nationals submitted through Ministry of Foreign
Affairs after security clearance. |
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5. |
Undertaking on duly notarized stamp paper for:-- a. That the
company or its Director have never been declared insolvent by any Court of
law; b. That the
Directors of the company have never been convicted by a Court of law for
major offences or unethical/immoral turpitude (other than minor offences). c. That
neither the applicant company nor its shareholder directors are defaulters)
of PTA. |
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6. |
Bio-data of key management personnel |
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7. |
Brief Description of the Applicant’s Business Plan |
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8. |
Technical Plan |
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9. |
Copy of proposed Service Level Agreements with the
Access/Infrastructure Provider/ customers. |
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HEADQUARTERS F-5/1,
Annex-B
NUMBER ALLOCATION PROCEDURE FOR
Background:
PTA allocates
and approves mobile numbering- plan for all cellular mobile operators in light
of Number Allocation & Administration Regulations 2011 (as amended time to
time). This includes the issuance of Mobile Country Codes (MCC), Mobile Network
Codes (MNC), National Destination Code (NBC) along with geographic numbers as
per ITU-T recommendations. These numbers are issued in the following format:---
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IMSI (Max of 15
digits) |
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3 digits |
2 digits |
Max of 10 digits |
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MCC |
MNC |
MSIN |
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410 |
01 |
000 6765432 |
MCC :
MNC :
MSIN ;
IMSI :
International
MCC codes are
assigned for each country by the Telecommunications Standardization Bureau
within
ITU-T (TSB). For
ALLOCATION PROCEDURE FOR MVNO:---
MVNOs will
follow the following standard operating procedure (SOP) for the allocation of
numbering resources from PTA:---
FOR INTIAL
APPLICATION
1. MVNO shall provide a copy of license
issued by PTA.
2. MVNO shall provide a copy of agreement
signed with cellular mobile operator to PTA.
GENERAL
1. Cellular Mobile Operators shah reserve
pool of numbers for MVNOs and pass on this information to PTA along with fees
if applicable.
2. PTA will allocate numbering block of 5000
numbers against previously allocated NDC of particular mobile operator to MVNOs
against each city/district/location.
3. MVNOs shall submit numbering utilization
Performa for requesting additional numbering block.
4. MVNO& will submit advance annual
number charges along with application processing fee for number allocation as
per ‘‘Numbering Administration & Allocation Regulations 2011” (as amended
from time to time).
5. An MVNO shall be allowed to have numbers
from more than one Cellular Mobile Operator (MNO) provided all requirements are
met with each additional Cellular Mobile Operator (MNO) along with any other
requirement which the PTA may impose.
6. The number allocated to MVNO operators
shall be allowed to be ported out to any other cellular mobile operator (MNO)
within
7. Mobile Number Portability shall be a
joint responsibility of MVNO and its parent MNO [that actually controls the
network infrastructure]. In this regard, both parties shall clearly define
technical arrangements and operational procedures.
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