Law: Pakistan Electronic Media Regulatory Authority Rules, 2002

Section: 23

Law: Constitution of Pakistan, 1973

Section: 199

Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----S. 23---Constitution of Pakistan, Art. 199---Constitutional petition---Business of Cable T.V.---Fair competition---Distinction between licensees of rural and urban areas---Petitioner was granted licence on payment of usual fee to operate in a rural area, whereas respondent was a licensee to operate in an urban area---Areas defined as rural areas should not be included in urban areas---Licensee who had been granted licence to operate in an urban area must compete with the licensee in urban areas---Similarly a licensee having licence in rural area must compete with the licensee in rural area, otherwise distinction in category of licence on the basis of areas would become meaningless. THIS ORDER PASSED BY: TARIQ JAVAID, J.--- The petitioner claims to be a licensee Electronic Media Regulatory Authority, running business of Cable T.V. Network and providing service to the public in Chak No.172/WB Thingi More Tehsil and District Vehari since 6-12-2006 and has the licence of category "R". It is maintained that after having granted the licence for rural area to the petitioner, a licence has been issued to respondent No.4 in category "B-4", whereby respondent No.4 is also providing the facility of Cable T.V. Network to the public in Chak No. 172/WB aforesaid. According to the learned counsel, the category "R" means a licence for rural area whereas Category 'B-1' to 'B-10' pertain to a licence granted for urban areas. Learned counsel for the petitioner further contends that a licensee having licence to provide services in the urban area cannot be allowed to provide services in the rural areas. It is further contended that the petitioner being licensee of Pakistan Electronic Media Regulatory Authority, running business of Cable T.V. Network in rural area had spent huge amount and if respondent No.4 is allowed to provide the said facility then the petitioner shall not be able to promote his business, as in case of rural area one has to spend a lot of money Cable T.V. network in a large area to a small population whereas in case of urban area due to density of population, meaning thereby that…

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