Pakistan Revises Telecom Bill to Mandate Property Owner Consent for Infrastructure
Pakistan Revises Telecom Bill to Mandate Property Owner Consent

A committee constituted by Prime Minister Shehbaz Sharif to address concerns over proposed amendments to telecommunication laws has unanimously agreed to revise the draft legislation, making the consent of property owners mandatory before any telecommunications infrastructure can be installed on private land. Law Minister Azam Nazeer Tarar announced the development at a joint press conference in Islamabad alongside Minister for Information Technology and Telecommunications Shaza Fatima Khawaja.

Key Changes to the Draft

Tarar explained that the revised draft of The Pakistan Telecommunication (Re-organisation) (Amendment) Bill explicitly requires a property owner's consent before any right-of-way can be granted over private land. The earlier draft had referred to "mutual consent," but the revised version now makes such consent mandatory. "Initially, it only stated that negotiations would take place. Now we have made it clear that if access is required through any private property — whether a house, shop, vacant plot or agricultural land — the owner's permission must first be obtained. It is now a precondition," Tarar said.

The amended draft also introduces clearer definitions of key terms, including right-of-way, above-ground and underground infrastructure, and the installation of telecommunications equipment to remove ambiguity. The committee submitted its report to the prime minister, and the amended draft will now be sent to the Senate Standing Committee.

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Dispute Resolution and Enforcement

If the two parties cannot agree on terms and conditions, they can approach the relevant authority. However, Tarar stressed that since the arrangement is based on mutual consent and free will, the usual enforcement mechanisms would not apply at that stage. Once an agreement has been reached and consideration received, neither party can unilaterally withdraw from the contract. "If the terms and conditions have been settled, payment has been made, and all matters agreed upon, one party cannot later decide not to continue with the agreement. In such cases, the appropriate authority will deal with the matter," he said.

If an operator fails to make agreed payments, the authority will issue necessary directions. Similarly, if a property owner, after voluntarily entering into an agreement and receiving payment, attempts to obstruct or terminate the arrangement during the contract period, the matter will be dealt with under the law. "If the owner has willingly agreed, is receiving rent and has already been compensated, they cannot disrupt the arrangement during the contract period. Agreements are meant to be honoured," Tarar added.

Separate Provisions for State-Owned Land

Tarar clarified that separate provisions would apply to state-owned land, other public property, and housing schemes. He noted that right-of-way legislation has existed for decades and is necessary to facilitate essential services. "Without this law, it would not be possible to provide electricity, gas, internet and many other essential utilities to the public," he said. The earlier version of the bill had been passed by the National Assembly with six amendments, but concerns over its wording were subsequently raised in the Senate Standing Committee.

IT Minister on Connectivity Needs

IT Minister Shaza Fatima Khawaja said the original law, enacted in 2006, required amendments to meet the country's evolving connectivity needs. She highlighted that Pakistan's data consumption had increased by around 25 per cent over the past two years, underscoring the need to expand spectrum capacity and strengthen telecommunications infrastructure. Spectrum availability has increased from 274 megahertz (MHz) to around 750MHz through the country's largest-ever spectrum auction. She added that the rollout of 5G services would require further investment in fibre-optic networks, telecom towers, and related infrastructure.

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Khawaja noted that Pakistan currently has fewer than three million fibre-to-the-home connections despite a population of around 240 million, and the government aims to increase that figure to 10 million homes over the next three years. Responding to public concerns over the proposed right-of-way provisions, she said expanding internet access remains a key priority while assuring that efforts to improve connectivity will not come at the expense of citizens' fundamental rights.

Background and Political Context

The bill, which seeks changes to a 1996 Act and was tabled by the IT minister, was approved by the National Assembly on June 11 by a majority vote. It was later deferred by the Senate Standing Committee on IT and Telecommunication, where it was referred on June 15. Questions over the motives behind the bill grew stronger, particularly because of the government's push to have it approved by both houses of parliament.

Following reservations raised by the Pakistan Tehreek-i-Insaf (PTI) over the bill, the Pakistan Peoples Party (PPP), a key ally of the government, also withheld its support. Senator Sherry Rehman categorically stated that her party would not allow any legislation related to the information technology sector, the Pakistan Telecommunication Authority, or right of way to pass through the Senate unless it was thoroughly scrutinised and amended by the relevant standing committee. The prime minister later constituted a committee to review the bill and tasked it with addressing concerns raised over some of its provisions.

The committee was mandated to examine the Right of Way framework under Sections 2(qb), 2(ma), 27A, and 27B of the Pakistan Telecommunication Reorganisation (Amendment) Bill, 2026. The Ministry of Information Technology and Telecommunication had also clarified that the proposed Right of Way Bill 2026 would not allow the forcible acquisition of private land or unauthorised entry into citizens' private properties. According to the ministry, property owners retain the full right to raise objections, negotiate terms, and demand appropriate compensation before any work is carried out on their land.