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PAKISTAN TELECOMMUNICATION AUTHORITY

PTA Headquarters, F-5/1, Islamabad 44000, Pakistan

www.pta.gov.pk
License No. TTP - __________ Dated:____________

Telecommunication Infrastructure (Tower) Provider License

The Pakistan Telecommunication Authority (“Authority”) is pleased to grant

Telecommunication Tower Provider License to : (Insert name &address )

_______________________________________________________________

(the “Licensee”) to establish, maintain, lease, rent and sale Telecommunication Tower

Facilities in Pakistan subject to the terms and conditions contained in Annex-A.

For and on behalf of the Authority,

_______________________________

DIRECTOR GENERAL (WIRELINE LICENSING)

Annex-A
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ARTICLE -I

GRANT OF LICENSE

1.1 SCOPE OF THE LICENSE

1.1.1. This license authorizes a firm/ person to establish and maintain the following
Telecom Infrastructure Facilities to lease, rent out or sell to Telecom Operators
licensed/ registered by the Authority on mutually agreed terms strictly keeping in
view their license/ license conditions:

(a) Telecommunication Towers,

(b) Such other Telecommunication infrastructure as the Authority may, by

Regulation, require.

1.1.2 The Licensee shall not provide any telecommunication service.

1.2 EFFECTIVE DATE AND TERM OF THE LICENSE

1.2.1 This license shall come into force on the Effective Date and shall be valid for a
term of fifteen years.

1.2.2 If the Licensee wishes to renew the license at the expiration of the initial term, it
shall submit to the Authority a written request to renew the license at least 6
months prior to the expiration of the initial term.

1.2.3 Within 3 months after the receipt of the Licensee’s notice pursuant to section 1.2.2,
the Authority shall either;

(a) renew the license on such terms and conditions as are consistent with the
policy of the Federal Government at that time, to come into effect at the
conclusion of the initial term, or

(b) Give written notice to the Licensee stating that the Authority shall not renew
the license and provide reasons thereof, which may include the Licensee’s
repeated, grave or continuing violations of the terms and conditio ns of the
License, the Act, the Rules or the Regulations during the initial term of the
license.
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ARTICLE-II

SHARING OF FACILITIES

2.1 SHARING OF FACILITIES ESTABLISHED BY LICENSEE

2.1.1 If the Authority declares the Licensee as SMP in the respective market, the Licensee
shall comply with orders of the Authority that are intended to promote competition in
that relevant market including without limitation orders to provide access to its towers
or related facilities for use by licensed/ registered telecommunication service
providers.
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ARTICLE-III

OBLIGATIONS OF THE LICENSEE

3.1 COMPLIANCE WITH LAW

3.1.1 This License is subject to the terms and conditions contained herein and to the Act,
Rules and Regulations respectively. In the event of any conflict or inconsistency
between the provisions of this License, and the provisions of the Act, the Rules or the
Regulations, the provisions of the Act, Rules and Regulations shall prevail.

3.1.2 The Licensee shall establish, and maintain its Telecommunication facilities i.e. Tower
etc. as per clause 1.1.1, in compliance with the laws of Pakistan.

3.1.3 The Licensee shall at all times co-operate with the Authority and its authorized
representatives in the exercise of the powers, functions and responsibilities assigned
to the Authority under the Act.

3.1.4 The Licensee shall comply with all orders, determinations, directions and decisions of
the Authority.

3.2 ALTERATION IN TELECOMMUNICATION FACILITIES

3.2.1 The Licensee shall at its own expense, within such reasonable time and in such
manner as may be directed by the Authority, alter the course, depth, position or mode
of attachment of any apparatus forming part of its Telecommunication facilities of
tower etc.
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ARTICLE-IV

FEES
4.1 PAYMENT OF FEES

4.1.1 The Licensee shall pay the following amount as initial license fee, to the Authority
prior to the Effective Date:

S#. Type of license Initial License Fee Application

Processing Fee

1. National Pak.Rs.100,000/- Pak. Rs. 5000/-

2 Provincial Pak. Rs. 40,000/- Pak. Rs. 500/-

(Excluding Baluchistan)

3 Baluchistan Pak. Rs.10,000/- Pak. Rs. 500/-

4.1.2 The Licensee shall pay the Annual Regulatory Fee to the Authority calculated on the
basis of 0.5% (or such lesser amount as the Authority may, by Regulations,
determine) of the Licensee ’s annual gross revenue received from Telecommunication
Tower facilities for the most recently completed financial year minus PTA mandated
payments;

4.1.3 In addition to the fees payable, the Licensee shall pay to the Authority, all fees
required to be paid under the Act, Rules and Regulations.

4.2 GENERAL CONDITIONS CONCERNING FEES

4.2.1 The Licensee shall pay all annual fees /contributions to the Authority within 120 days
of the end of the financial year to which such fees/ contributions relate;

4.2.2 In addition to any other remedies available to the Authority, late payment of fees shall
incur an additional fee calculated at the rate of 2% per month on the outstanding
amount, for each month or part thereof from the date due until the paid.

4.2.3 The Licensee shall annually submit to the Authority audited financial statements in
support of its calculations of annual fees payable pursuant to clauses 4.1.2, 4.1.3 and
4.1.4 of this license. The Authority shall have the right to audit such statements as and
when required.
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ARTICLE-V
GENERAL CONDITIONS

5.1 OPERATION OF TELECOMMUNICATION TOWER FACILITIES

5.1.1 The Licensee shall ensure that its Telecommunication Tower Facility does not cause
any damage to, or interference with, infrastructure of any other Licensed
Infrastructure Facility Provider or licensed telecom service provider.

5.1.2 Licensee shall establish its Telecommunication Tower Facility etc. in a manner so that
it is not a safety hazard and is not in contravention of any law, rule or regulation.

5.1.3 The Licensee shall provide Telecommunication Tower Facility to Licensed telecom
service providers without discrimination and on mutually agreed terms and
conditions;

5.1.4 Upon being informed by the Authority that a telecom service provider’s licence/
license from the Authority had been suspended or terminated, the Licensee shall as
promptly as practical in the circumstances, disconnect the Telecommunication System
of that telecom service provider from the Telecommunication Tower and discontinue
providing the Telecommunication Tower Facility etc. to that Operator, until such time
as the Authority informs the Licensee that the Telecom Service Provider’s licence
from the Authority has been restored or renewed.

5.1.5 The Licensee shall make its own arrangements for obtaining right of way from
government agencies and public bodies.

5.2 DISCONTINUATION OF FACILITIES

5.2.1 The Licensee shall not discontinue, terminate or wind up its Telecommunication
Tower Facilities unless;

(a) The Licensee had served a twelve month notice to all concerned parties & PTA
prior to winding up its Telecommunication Tower Facilities.

(b) The Licensee had settled all claims, obligations, and accounts with all
concerned; and

(c) Authority’s prior written approval to such discontinuation had been obtained.

5.3 INFORMATION

5.3.1 The Licensee shall comply with the following:

(a) furnish to the Authority such information as the Authority may request
regarding the Licensee ’s Network plan, financial information, costs and
accounts or any such other information as the Authority may from time to time
require in connection with its responsibilities;
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(b) Provide complete information about its foreign business partner (if any) and
provide a copy of the Articles and Memorandum of Association along with
details of its directors and shareholders and such information shall be provided
prior to the issuance of this License. Authority shall also be informed of any
subsequent change in directors or shareholders of the Licensee.

5.5 QUALITY OF TELECOMMUNICATION TOWER

5.5.1 The Licensee shall:

(a) Install its Telecommunication Tower Facilities using state-of-the-art

technology as per international standards.

(b) The Licensee shall maintain supporting records for a period of three years for
inspection and technical audit as and when required by the Authority.

5.6 NATIONAL SECURITY

5.6.1 The Licensee shall comply with the national security and other requirements of
section 54 of the Act and any other national security requirements under law.

5.6.2 The Licens ee shall cooperate with Federal Government initiatives to counteract
espionage, subversive act, sabotage or any other unlawful activity.

5.9 COMMENCEMENT CERTIFICATE

5.9.1 The Licensee shall not provide any Telecommunication Tower Facility to licensed
telecom operators, or accept any payment from such operators in respect of
Telecommunication Tower Facility to be provided by the Licensee, until the
Licensee has obtained from the Authority a commencement certificate evidencing
that the Authority is satisfied that the Licensee has established its
Telecommunication Tower Facility;

5.9.4 The Licensee shall give 30 days prior written notice to the Authority of the date on
which the Licensee intends to commence providing Telecommunication Tower
Facility to licensed telecom operators.
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ARTICLE –VI

TERMINATION AND AMENDMENT

6.1 TERMINATION OF THE LICENSE

6.1.1 The License shall remain in force until it is terminated by one of the following events:

(a) The term of the license expires without renewal, or

(b) The Licensee agrees to the termination of this license, or

(c) The license is suspended, terminated or revoked in accordance with the Act,
Rules or Regulations, or the provisions of this license.

6.2 AMENDMENT

6.2.1 This license may be amended by written agreement between the Licensee and
Authority, or pursuant to the provisions of the Act, Rules and regulations made there
under.
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ARTICLE –VII

GENERAL

7.1 NO LIABILITY BY THE AUTHORITY

7.1.1 Without prejudice to the rights of the Licensee under section 7 of the Act, no suit,
prosecution or other legal proceeding shall lie against the Authority or any member or
employee of the Authority in respect of anything done or intended to be done by the
Authority in exercise of its powers.

7.2 COMMUNICATION WITH THE LICENSEE

7.2.1 The Licensee shall maintain on file with the Authority a current address for the
Licensee, including telephone number, fax number and email address, and the
name and title of a contact perso n, for the purposes of receiving communications
from the Authority. Any notice or other communication to the Licensee permitted
under this License may be given by hand delivering the same, or by mail,
facsimile, or electronic mail addressed to the Licensee at its most recent address on
file with the Authority.

7.3 ASSIGNMENT OF RIGHTS

7.3.1 This License shall be personal to the Licensee and shall not be assigned, sub-
Licensed to, transferred, directly or ind irectly.
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ARTICLE –VIII

DEFINITIONS

8.1 Unless the context otherwise requires, capitalized words and expressions in
this Licence that are not otherwise defined in this Licence, shall be defined in the
same manner as these words and expressions are defined in the Act and the Rule.

8.2 Unless the context otherwise requires, the following terms used in this Licence
shall have the meanings indicated below:

(a) "Act" means the Pakistan Telecommunication (Re-organization) Act, 1996

(xvii of 1996);

(b) “Cable” Transmission medium of copper wire or optical fibre wrapped in a

protective cover;

(d) “Connection” means the physical interfacing of the Licensee’s equipment at

the with systems and equipment of other licensed service operators for the
effective transmission of data from the former to the later or vice versa;

(e) “Duct Space” means space for a pipe, tube or any other unit necessary for
conveying cables from one point to another;

(f) “Effective Date” means the date that this Licence is issued by the Authority
and appearing on the first page of this Licence, which date shall be 30 days
after the Authority receives from the Licensee all initial fees described in this
licence;

(g) “Gross Reve nue” means turnover or gross income from licensed operations
as Ordinance, 1984;

(i) “Licence” means an authorization granted by the Authority to establish, and

maintain telecom Infrastructure, lease, rent out and sell end to end bandwidth
i.e. digital transmission capacity capable to carry a message, Fibre optic cable,
duct space, tower;

(j) "Licensed Operators" mean the telecommunication operators who have been
licensed by the Authority under the Act;

(k) “Person” means any individual, partnership, firm, organization, association,

Joint Stock Company, limited company, joint venture, trust or corporation;

(l) “Public Switched Telephone Network” means the telecommunication

network, consisting of a fully interconnected and integrated system of various
means of transmission and switching, utilized to provide basic telephone
service and other telecommunication services to the general public;

(m) “Telecom Infrastructure facility” means provision of physical infrastructure

which would be utilized by other licensed telecom operators for providing
various services. The infrastructure setup by the Licensee would be in addition
to the infrastructure already setup by various Licens ed telecom operators;
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(o) “Telecommunication System” means any electrical, electro- magnetic,

electronic, optical or optic-electronic system for the emission, conveyance,
switching or reception of any intelligence within or into, or from, Pakistan,
whether or not that intelligence is subjected to re-arrangement, computation or
any other process in the course of operation of the system, and includes a
cable transmission system, a cable television transmission system and terminal
equipment; and

(p) “Telecommunication Tower” means a structure on which transmitting and/or

receiving antenna (e) are located.
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APPENDIX-I

1.1 QUALITY OF NETWORKS STANDARDS

1.1.1 The Licensee shall take reasonable and prudent measures to ensure that it’s
Telecommunication Tower Facility are available at all times. Any fault in any
component of its Telecommunication Tower Facility shall be repaired as early as
possible.

1.1.2 The Licensee shall ensure that its Telecommunication Tower Facility does not hinder
in anyway, meeting or exceeding of the quality of service standards imposed on the
licensed telecom service providers and licensed Infrastructure Facility Providers
making use of its Telecommunication Tower Facility.

1.1.3 The Licensee shall adhere to any quality of service standards prescribed by the
Authority for the Licensee at any later time.

1.1.4 The Authority may carry out performance tests and evaluate Quality of service
parameters in Licensee’s Telecommunication Tower Facility at any time during the
tenure of the License. The Licensee shall provide necessary support for carrying out
such tests.

1.1.5 The Licensee shall ensure that Telecommunication Tower Facility remains
serviceable round the clock and shall further ensure that appropriate measures are
adopted to minimise the unserviceability and sufficient backup mechanisms are
available to licensed telecom service providers and licensed Infrastructure Facility
Providers in case of unserviceability, such complaints shall be attended to and
rectified promptly and up to specified grade Telecommunication Tower Facility.