IT ministry clarifies proposed telecom law amendments do not mandate 'acquisition of private land'

The IT ministry on Saturday clarified that a bill seeking amendments to telecommunication laws does not propose compulsory acquisition of private land.

The Pakistan Telecommunication (Re-organisation) (Amendment) Bill 2026, which seeks changes to a 1996 act and was tabled by IT Minister Shaza Fatima Khawaja, was approved by the National Assembly on June 11 by a majority vote. It is currently pending before the Senate Standing Committee on IT and Telecommunication, where it was referred on June 15.

The proposed changes have been the subject of discussion on social media, with some users voicing concerns over provisions relating to the use of private property for infrastructure such as telecom towers.

In a detailed statement issued on Saturday, the ministry said the Right of Way (ROW) provisions in the bill “do not permit telecom operators to enter individual private property without the owner’s permission or due legal process, and do not authorise compulsory acquisition of private land”.

It stressed that the ROW provisions are “designed to accelerate telecom infrastructure deployment, improve connectivity for citizens, and establish a transparent legal framework while fully safeguarding private property rights”.

“Especially considering the [5G] spectrum auction, it is imperative to have investment in infrastructure to ensure reliable, affordable, high-speed connectivity for our people,” it contended.

“Property owners retain the right to respond, negotiate terms, seek compensation where applicable, raise objections, and agree matters such as route alignment, timing and access,” the ministry said.

However, when a property owner does not respond despite reminders, the matter will be referred to the appropriate government authority for resolution, while upholding the constitutional and legal rights of private citizens, the ministry said.

“During this process, telecom operators cannot force entry onto private land while the matter remains under review. The proposed amendments also do not authorise compulsory acquisition of private property,” it reiterated.

“In case of any infrastructure laying, the organisations doing so are mandated to return the property in [sic] original shape and ensure no permanent damage to property is caused,” the statement declared.

The IT ministry further noted that any fines mentioned in the bill were “related to property owners who have already entered a contract, and thereafter reneged on the contract terms, since this seriously hurts the investments”.

‘Bill aimed at attracting investment in telecom infrastructure’

Highlighting the need for the amendments, the ministry noted that internet services in Pakistan “faced severe issues due to a lack of investment in telecom infrastructure”, which it said was the result of a fragmented (ROW) approval process.

This, coupled with “arbitrary fees and inconsistent requirements, has significantly slowed telecom network expansion, increased deployment costs, and negatively affected service quality for consumers”.

The IT ministry asserted that the proposed amendments aim to address challenges hindering fiberisation and investment in telecom infrastructure.

According to the ministry, the amendments establish a “clear and transparent legal framework covering public property, organised private developments such as housing societies, and individual private property, whilst safeguarding citizens’ rights”.

The ministry recalled that the provisions already underwent a “comprehensive legislative process” by the NA Standing Committee on IT. It added that lawmakers from multiple political parties “extensively reviewed the objectives, scope, implementation mechanisms, and safeguards relating to citizens and property owners”.

“The provisions were finalised based on results from legislative scrutiny and were subject to detailed deliberations.

Noting that the bill is currently under deliberation in the Senate committee, the ministry reiterated its support for a “consultative and inclusive legislative process, while ensuring transparency and the protection of citizens’ rights”.

It contended that the proposed ROW reforms represented an “important step towards supporting Pakistan’s digital transformation, attracting investment in telecommunications infrastructure, and improving services for millions of Pakistanis”.

The ministry emphasised that the primary objective of the ROW framework was to “remove unnecessary delays in the deployment of telecommunications infrastructure, enabling citizens to benefit from improved telecom services, enhanced internet quality, and stronger nationwide digital connectivity”.

The proposed changes

The bill to amend the Pakistan Telecommunication (Re-organisation) Act of 1996 proposes redefining some terms, replacing Section 27A on ROW, and inserting a Section 27B about its enforcement.

Redefined terms

Among the terms redefined is ‘federal government’. The Act had defined it as the “federal government in the Ministry of Information Technology and Telecommunication Division”. The new bill changes the description to simply “the federal government as defined in the Constitution”.

‘Private Right of Way’ (Section 2ma) and ‘Public Right of Way’ (Section 2mc) become ‘private access for telecommunication infrastructure’ and ‘public access for telecommunication infrastructure’, respectively.

The elaborated ‘private access for telecommunication infrastructure’ would mean “land, premises, or property that is owned, managed, maintained, or repaired by any person or entity other than a public authority, and which may be accessed or used by a licensee for the purposes set out in section 27A”.

The definition also now expressly covers collective or organised ownership structures, including private housing societies, cooperative housing schemes, and residential or commercial estate management entities, registered or not.

‘Public access for telecommunication infrastructure’ would mean property owned or maintained by a public authority.

‘Right of Way’ itself (Section 2qb) — previously just a right to “pass over land or property of other person to provide telecom license services” — becomes ‘access by licensee for telecommunication infrastructure’.

It would be defined as the right of a licensee to “enter upon, use, or pass over land, premises, or property, whether public or private, for the installation, deployment, operation, or maintenance of telecommunication systems, ICT infrastructure, optical fibre cables, telecom towers or related equipment and services, in accordance with section 27A”.

Notably, the new definition introduces the right to enter or use premises, rather than simply passing over the land.

Section 27A

This section — previously titled ‘Right of Way’ — is replaced in full.

Under the new version, “every licensee shall have the same rights of access or usage as defined and provided under clauses (ma), (mc) and (qb) of section 2”, notwithstanding any contrary law, regulation or contract, to install or maintain telecom systems, towers, ICT infrastructure, and lay optical fibre cable.

“No owner, lessee, tenant or public or private entity shall hinder or abridge” these rights.

Under the process, the licensee requests approval of the owner, lessee or tenant and if there’s no response in 15 days, it sends a “mandatory reminder”.

After 30 days total with still no response, the outcome depends on the property type.

For public-authority-owned property, no response deems approval. For privately owned property, the licensee can refer the dispute to the “appropriate government” for resolution.

For property held collectively — housing societies, cooperatives, estate management bodies, whether registered or not — non-response is automatically deemed approval.

However, in this case, the owner, lessee or tenant may impose conditions on the timing or manner of execution for the licensee’s access, and the licensee shall not hinder the owner’s, lessee’s or tenant’s use or access of the property.

On compensation, the bill states that “no charges, fee, rent of any nature whatsoever shall be demanded, levied or recovered by any public authority, owner, lessee or tenant” for public property.

For private property, the licensee and the owner, lessee or tenant may mutually agree upon charges or rent for such access. The matter can be referred to the appropriate government if the two sides fail to mutually agree on the compensation.

For collectively-owned private property, the bill bars any fee, rent, or compensation from being charged at all.

Fine upto Rs50m

A brand-new Section 27B backs this with an enforcement mechanism that did not exist before.

The “appropriate government” can fine an owner, lessee, tenant, or entity up to Rs50 million for “obstructing or delaying” the grant of access rights under Section 27A.

Disputes between the owner, lessee or tenant shall be referred to the appropriate government, which would nominate an officer not below the rank of secretary to the aforementioned government to settle the dispute on its behalf within a maximum period of 45 days from the complaint.

The government-nominated officer would have the powers to require any person, public authority or licensee to “produce and allow examination of any relevant document, record, or material in their custody”. ...