Thursday, August 28, 2025

Pakistan’s 5G Future Disrupted by Legal Disputes

The rollout of 5G networks is widely seen as a cornerstone of economic growth, innovation and competitiveness. Across the world, governments are racing to secure spectrum and enable telecom operators to introduce high-speed services that support smart cities, digital industries and advanced connectivity.

However, in Pakistan this transition remains blocked not by technical limitations but by prolonged litigation and regulatory gridlock. Multiple court cases tied to spectrum allocation and pending telecom mergers have stalled progress, keeping the country behind regional peers that are already advancing 5G deployment.

Why 5G Matters

5G technology is not just about faster internet. It enables smart manufacturing, efficient logistics, modernized healthcare, digital education and seamless mobile experiences. Countries that deploy 5G early are expected to unlock billions of dollars in economic opportunities, attract foreign investment, and create jobs in technology-driven sectors.

Pakistan’s young population, thriving digital services sector and growing e-commerce industry make it an ideal candidate for rapid 5G adoption. Yet, without spectrum availability, networks remain congested, businesses struggle to modernize and innovation is constrained.

The country’s 2600 MHz frequency band vital for 5G rollout is locked in litigation. A major dispute involves Sun TV (Southern Networks Ltd., SNL), whose ownership remained unclear until journalist Kalbe Ali confirmed in a Senate hearing that it is linked to businessman Aqeel Karim Dhedhi.

This case is part of a larger deadlock. Disputes involving CMPak (Zong) and Sun TV have tied up nearly 151.6 MHz of spectrum across the 1800 MHz, 2100 MHz, and 2600 MHz bands. With this spectrum idle and unavailable for auction, Pakistan’s entire 5G roadmap has been pushed back.

Merger Uncertainty Adds Pressure

Alongside spectrum disputes, the PTCL–Telenor merger has introduced additional regulatory delays. The Competition Commission of Pakistan (CCP) is awaiting key documentation from PTCL before giving clearance. Without clarity on the merger regulators cannot finalize the structure or timeline of the upcoming spectrum auction.

IT Minister Shaza Fatima Khawaja has emphasized that the status of this merger is directly tied to 5G rollout, since it determines the number of strong players in the market and the level of competition in the auction.

Government and Senate Raise Alarm

Frustration is mounting at the political level. During a recent Senate Standing Committee session, members criticized constant “forum-hopping” by litigants which has created years of delays despite rulings favoring the state.

The Frequency Allocation Board (FAB) and the Ministry of IT have called for urgent judicial prioritization, warning that further delays will cost the country billions in lost revenues. Senator Palwasha Mohammad Zai Khan described the stagnation as “criminal negligence,” stressing the impact on digital infrastructure and economic competitiveness.

The Economic Fallout

The consequences of these delays extend far beyond telecom companies. Without released spectrum, mobile networks remain congested, service quality deteriorates and digital businesses are unable to expand. The lack of progress risks undermining investor confidence at a time when foreign direct investment is critical for the economy.

Analysts caution that Pakistan is already falling behind regional peers such as India, Bangladesh, and Gulf countries, where 5G deployment is underway. Without immediate action, the gap will only widen.

Litigation as a Roadblock

Globally, legal disputes are common in 5G deployment, often tied to spectrum allocation or intellectual property. However, prolonged litigation in Pakistan has uniquely paralyzed the process, with courts becoming the central obstacle to technological progress. While the right to legal recourse must be respected, experts argue that indefinite injunctions are preventing decisions that are vital for national interest.

Officials and experts are unanimous on the way forward: litigation must be resolved swiftly. The Ministry of IT has urged parallel planning for spectrum auctions while cases are still in process while FAB has submitted petitions for expedited hearings.

For Pakistan to unlock its digital potential, two steps are essential: resolving the Sun TV case to free spectrum and concluding the PTCL–Telenor merger to stabilize the telecom sector. Without these, 5G will remain an unfulfilled promise.

The future of Pakistan’s digital economy hinges not on engineering capability but on legal clarity. Strong political will, coordinated regulation and timely judicial action are the only paths to ensuring that Pakistan joins the ranks of countries shaping their economies through 5G.

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