The Supreme Court on Wednesday ordered the federation through the Secretary of the Ministry of Information Technology and Telecommunications, Pakistan Telecommunication Authority (PTA), Frequency Allocation Board (FAB), Universal Service Fund (USF) and the Attorney-General to file replies on a petition filed for quick completion of 3G licences' auction.
A three-judge bench, led by the Chief Justice Iftikhar Muhammad Chaudhry, was hearing a constitutional petition filed by Tariq Aziz under Order XXV of the Supreme Court Rules of 1980, read with Article 184 (3) of the Constitution. At the outset of the hearing, the petitioner's counsel, Ali Raza, contended that after removal of the PTA chairman in pursuance of the Islamabad High Court orders in April this year, the Authority had become dysfunctional, adding that the body could not be completed in the absence of three-member quorum.
He pleaded that in the absence of a functioning PTA chairman, it was difficult to take steps for introduction of long-due 3G telecommunication technology, as the regulatory body was to give licences to cellular operators. Ali Raza argued that the federation had outlined a policy and a roadmap seven years ago for introducing modern technology in the telecom sector, saying that no decision had so far been taken despite the fact that all countries in region had adopted to 3G and earning huge revenues.
Raza said that during the financial year 2011-12, the PTA had invited expressions of interest from operators and issued an Information Memorandum highlighting PTA's policy on 3G technology, but these steps had not yet been materialised. He said that the federal government had introduced changes in the Pakistan Telecommunication Act with a decision to deposit all one-time auction amount of Rs 100 billion and other related income in the USF account, instead of the national exchequer.
Raza said that an amendment had been added through Section 33-A (3) and requested the court that the provision should be set aside because the USF had already been receiving share from the income of telecom operators. The bench issued notices to the federation through the Secretary of the Ministry of IT and Telecommunications, PTA, FAB, USF and AGP to file replies in 10 days, saying after which the matter would be fixed for hearing.