(SRO 220(1)/2012
REGULATIONS, 2012
[Gazette of Pakistan
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
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 Pakistan
(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 Pakistan
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 Pakistan
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),
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)
(TO BE SUBMITTED WITH THE APPLICATION)
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#
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Items
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Check
(√) if attached
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#
of pages
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For
PTA use only
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1.
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Applicant(s) profile;
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2.
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Evaluation fee; Submit proof of deposit
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3.
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Certificate of Incorporation (including Memorandum &
Article of Association and Form-29 and Form-A duly certified by SECP)
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4.
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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.
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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.
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Bio-data of key management personnel
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7.
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Brief Description of the Applicant’s Business Plan
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8.
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Technical Plan
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9.
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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 MOBILE VIRTUAL NETWORK OPERATOR (MVNO)
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
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2
digits
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Max
of 10 digits
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MCC
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MNC
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MSIN
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410
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01
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000
6765432
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MCC
: Mobile Country Code
MNC
: Mobile Network Code
MSIN
; Mobile Subscriber Identification Number
IMSI
: International Mobile Subscriber Identity
MCC
codes are assigned for each country by the Telecommunications Standardization
Bureau within
ITU-T
(TSB). For Pakistan
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 Pakistan
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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