Law: Pakistan Electronic Media Regulatory Authority Rules, 2002

Section: 4(3),24(4)

Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----Ss.4(3) & 24(4)---Pakistan Electronic Media Regulatory Authority (Radio Broadcast Station Operations) Regulations, 2012, Reglns.4 & 9---Radio broadcasting licence---Renewal---Categorization of licences---Petitioner company was operating three FM Radio Broadcasting Stations in three different cities---Petitioner company was aggrieved of demand of licence renewal fee by Pakistan Electronic Media Regulatory Authority before process for categorization of licences was carried out as required by Regln. 9(2) of Pakistan Electronic Media Regulatory Authority (Radio Broadcast Station Operations) Regulations, 2012---Validity---Category of licences granted to petitioner company was commercial and non-exclusive in nature---Neither Pakistan Electronic Media Regulatory Authority Ordinance, 2002, nor Pakistan Electronic Media Regulatory Authority (Radio Broadcast Station Operations) Regulations, 2012, prohibited P.E.M.R.A. from demanding licence renewal fee without having carried out categorization of licences---There was no legal infirmity in P.E.M.R.A.'s demand for payment of licence renewal fee---In the event petitioner did not pay licence renewal fee, consequences set out in public notice issued by P.E.M.R.A. would ensue---Pakistan Electronic Media Regulatory Authority (P.E.M.R.A.) ratified Pakistan Electronic Media Regulatory Authority (Radio Broadcast Station Operations) Regulations, 2012, at the time when Chairman P.E.M.R.A. had been appointed---Thereafter, P.E.M.R.A. made "Pakistan Electronic Media Regulatory Authority (Radio Broadcast Station Operations) Regulations, 2012, as amended in 2019, the vires whereof was not challenged by petitioner company---Constitutional petition was dismissed, in circumstances. Pakistan Electronic Media Regulatory Authority v. Trade Serve International (Pvt.) Ltd. 2020 SCMR 206 and Hamid Mir v. Federation of Pakistan PLD 2013 SC 244 ref. JUDGMENT MIANGUL HASSAN AURANGZEB, J.----Through this judgment, I propose to decide writ petition No.3745/2020 and writ petition No.3906/2021 (which was renumbered as C.M.A.No.18/2021) since they entail common…

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