ISLAMABAD: The Pakistan Telecommunication Authority (PTA) has issued provisional permission to PMCL (Jazz) for trials in collaboration with BiP Communication Technologies for an initial period of two months with effect from 15th March 2023.
Zong, the China Mobile Company had earlier raised objections on the “BiP Application-MoU between Jazz and Turkcell”. The company stated that it has come to their knowledge that a MoU has been signed between Jazz and Turkcell for usage and advancement of BiP, an instant communication all–in-one super application.
Entering into such commercial arrangements without the necessary regulatory framework or regime is unfavourable for the market competition and goes against the best global practices. There are certain challenges which must be accounted for before allowing such arrangements, such as market trends, competition rules and lawful interception (LI) etc which are essential towards the industry’s health and futuristic growth.
Telecom Policy 2015 mandates that the PTA, in consultation with the federal government and stakeholders will develop an appropriate regulatory framework for the treatment of such services.
CMPak would also be interested to explore such opportunities and enter into such commercial arrangements provided that an appropriate regulatory structure is in place. Hence, we request that before implementing and allowing above-mentioned arrangements, industry-wide consultation may be undertaken immediately for devising an appropriate regulatory framework, whereby, equal opportunities within the bounds can be availed by all stakeholders.
The PTA officials told Business Recorder that the permission is given only for technical trial and non-commercial. Further input was taken from all the stakeholders including intelligence and law enforcement agencies, as it is not possible to wait for months and years to take such decisions or till the completion of three-member PTA Authority.
The PTA has allowed Jazz for trials on some terms and conditions including; (a) trial will be conducted on non-exclusive, non-permanent, non-discriminatory, non-interference and non-protection basis, (b) A2N and N2A calls shall be made for Jazz Intra-Network only. However, a limited number of Other Mobile Operators (OMOs) SIMs/Fixed Local Loop Operators (FLLOs) connection may be allowed to test Inter-Network A2N/N2A call scenarios and its commercial/QoS aspects subject to the mutual consent of the OMO/FLLO and PMCL. Furthermore, test SIMs details/connections of other OMO/FLLO shall be shared with Authority, (c) PMCL to ensure A2N and N2A calls feature should be available within Pakistan only, (d) PMCL to ensure that a mechanism is put in place for interrogating from the EIRs to ensure BIP call is done via PTA approved IMEIs devices, (e) PMCL will ensure that necessary safeguards are in place to abide by PTA's DIRBS and Loss/Stolen Device requirements, (f) PMCL to ensure and maintain LI compliance, (g) PMCL to share detailed arrangement with Turkcell to ensure security and privacy of Pakistani citizen data, (h) PMCL to ensure requisite safeguard to data security concerns, (i) PMCL will ensure compliance of Quality of Service (QoS) as laid down in the Licence Terms & Conditions and Cellular Mobile Network Quality of Service Regulations 2021.
For the purpose, PMCL will coordinate with Enforcement Division PTA for provisioning of QoS Monitoring and Benchmarking Mechanism for testing (A2N and N2A calls), during the trial of BiP service. However, the QoS Monitoring and Benchmarking mechanism issue must be fully addressed within the trial period, (j) A2N/N2A calls will be charged from user airtime as per the existing voice or data packages of PMCL and no hidden/additional charges will be applicable. (k) PMCL will seek approval of the consumer awareness material through CA Division PTA and clearly mention that the services are on trial basis for a limited time period, (l) PMCL and BiP undertake not to indulge in anti-competitive practice with regards to offering of services to end consumers and other telecom operators, (m) PMCL shall pay all applicable taxes to the GoP for all types of traffic (n) PMCL will seek prior approval of its data tariffs from PTA in case of data offers with regards to BiP services, (o) In case of international incoming minutes terminated through BiP, the proceeds/receipts from corresponding operator(s) respecting incoming international telephony services shall be maintained by the LDN / respective LDI operator in a separate bank account maintained for the purpose, (P) PMCL shall pay all applicable interconnection charges including termination rates for call termination to telecom network (q) Complete technical architecture of solution (HLD/LLD ATPs). Call flows with L3 Signaling and integration details shall be shared (r) Regulatory compliance and global best practices (e.g. as adopted in Turkey) be shared.
Post-Trial Requirements include; (a) a comprehensive post-trial including but not limited to QoS. Commercial and technical report be shared at the end of trial period; (b) PMCL shall ensure data storage/housing in Pakistan in accordance with license and regulation 8 (12) of the Critical Telecom Data and Infrastructure Security Regulations, 2020 as per the instruction of the authority for this purpose. During the techno commercial trial, PMCL to provide its roadmap including data localization plan for the same; (c) PMCL to establish data servers/gateway in Pakistan as per the instructions of the Authority; (d) Removal and Blocking of Unlawful Online Content (Procedure. Oversight and Safeguards) Rules 2021 will be applicable; (e) BiP shall register itself as a Significant Social Media Company, under Removal and Blocking of Unlawful Online Content Rules, 2021 or as instructed by the Authority; (f) Agreement made between PMCL, LDN and BA shall be shared with Authority LON and PMCL agreement with BiP shall be non-exclusive and non-discriminatory in nature towards other operators; (g) Revenue earned through the PMCL and LDN this arrangement must be reflected separately AAA, Any proceeds including, but not limited to fee in notes of subscription etc received by Jazz or any other operators on account of rendering any such or related services shall be accounted for separately having reported under the head gross revenue and full amount of the same shall be offered for application of annual regulatory dues by the relevant operator. Further, no netting of related expenses shall be allowed in any case; (h) Any payments or accrual on account of foreign carrier costs shall not be considered as inter-operator costs; (i) Authority may impose any additional conditions/requirement as and when required Failure to comply with the terms may result in revocation of the permission and may lead to legal action as per applicable law.
Copyright Business Recorder, 2023