Despite prolonged legal battles over key frequency bands, Pakistan’s Ministry of Information Technology and Telecommunication (MoITT) has recommended proceeding with the country’s much-anticipated 5G spectrum auction. The matter was discussed during a subcommittee meeting of the National Assembly’s Standing Committee on IT and Telecommunication, chaired by Barrister Gohar Ali Khan.
The session focused on assessing how pending litigation is stalling the 5G rollout and causing substantial financial losses to the national exchequer.
Key 5G Bands Tied Up in Legal Disputes
The Pakistan Telecommunication Authority (PTA) reported that nearly 151.6 MHz of crucial radio spectrum—across the 2600 MHz, 2100 MHz, and 1800 MHz bands—is currently locked in court battles.
- 2600 MHz Band: Regarded as prime 5G spectrum, this band is largely occupied by Southern Networks Ltd. (SNL), which has been operating under outdated technology with a stay order from the Sindh High Court since 2007. Only 54 MHz of this band is currently free, while the full potential for auction stands at 194 MHz.
- 2100 MHz Band: CMPak (Zong) has challenged a 2021 directive requiring it to vacate 5 MHz and pay dues. Despite earlier rulings favoring the government, a stay order from the Sindh High Court has stalled progress. The matter is now pending in a District Court in Karachi with a hearing scheduled for November 20, 2025.
- 1800 MHz Band: Another case involving CMPak and 6.6 MHz of spectrum is under a Supreme Court stay order issued in September 2024, with a hearing expected during the week of May 5, 2025.
Mounting Financial Losses for the State
PTA officials revealed staggering financial losses due to these unresolved cases:
- 1800 MHz Band: Estimated loss of $117 million, including $71 million in principal and $46 million in Late Payment Additional Fees (LPAF).
- 2100 MHz Band: Losses of around $129 million, comprising $70 million in charges and $59 million in LPAF.
In total, legal delays have deprived the government of at least $246 million, with more cases contributing to ongoing revenue shortfalls.
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To Auction or Not to Auction: Divided Opinions
While MoITT insists on initiating the 5G auction process alongside legal proceedings, PTA and the Frequency Allocation Board (FAB) have urged caution. They argue that auctioning disputed spectrum could:
- Compromise transparency
- Deter investor confidence
- Create an uneven playing field among telecom operators
PTA emphasized that a clean, undisputed spectrum is critical for a successful 5G launch.
Legal Bottlenecks Threaten 5G Rollout
Currently, 50 active court cases are pending related to spectrum and licensing—44 of which involve stay orders. The PTA has taken proactive steps to resolve these issues, including:
- Filing early hearing applications
- Engaging the Attorney General’s office
- Recommending the appointment of a Deputy Attorney General and tribunal member to expedite proceedings
Despite these efforts, the legal gridlock remains a major obstacle.
Urgency Builds as 5G Delays Persist
The Member Legal of MoITT stressed that Pakistan cannot afford to fall further behind in the global 5G race. While acknowledging the legal hurdles, he pushed for continuing the auction planning process to ensure readiness when the spectrum is finally freed.
However, until court rulings are delivered and spectrum becomes fully available, the actual deployment of 5G in Pakistan remains uncertain. The coming months will be crucial in determining whether Pakistan can overcome legal barriers and move forward or continue to be stuck in a regulatory standstill.
