Law:

Section:

Pakistan Telecommunication (Re-organization) Act (XVII of 1996)--- ----S. 23(3)(c)(i)---Long Distance and International (LDI) licence---Unauthorized use of White Listed IP addresses of the [Pakistan] Telecom Authority by the licensee---Allegation against the petitioner (licensee) was that it was misusing the White Listed IP addresses (which were allocated only for the purpose of providing GPRS/EDGE data services) for terminating international calls which was in contravention of the telecommunication regulatory laws of the country---Pakistan Telecom Authority ("the Authority") imposed a fine of Rs.40 million on the licensee, which was subsequently upheld by the High Court---Validity---Neither the law nor the licence given to the licensee authorized it to use White Listed IP addresses for terminating international calls---Licensee admitted that such addresses were actually used for testing the LDI platform---Licensee had to establish in the first place that such use was permitted and further, that unauthorized use was limited to merely testing of the LDI platform and not more---One of the service providers of the licensee provided undisputed data which identified call termination activity---After analyzing such data the Telecom Authority came to the conclusion that that the licensee had used White Listed IP addresses to terminate 2.2 million international calls accounting for around 11 million minutes by using Voice over IP (VoIP) protocol and session initiation protocol (SIP)---Licensee failed to rebut, explain or effectively dispute the results of such data analysis---Further, despite having made a categorical statement that it was conducting an internal inquiry, the licensee never submitted any report despite repeatedly being asked for by the Telecom Authority---Penalty imposed on the licensee was neither excessive nor exaggerated and in line with the gravity of acts and omissions of the licensee---Petition for leave to appeal was dismissed accordingly and leave was refused. THIS ORDER PASSED BY: IJAZ UL AHSAN, JUSTICE:---.--- The petitioner seeks leave to appeal against order dated 23.02.2018 passed by the Islamabad High Court, Islamabad in F.A.O.…

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