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CLASS LICENSING AND REGISTRATION (AMENDMENT) REGULATIONS, 2016

[Gazette of Pakistan, Extraordinary, Part-II, 4th April, 2016]

REGULATIONS, 2016

S.R.O 287(I)/2016, dated 12.2.2016.–In exercise of powers conferred under clause (o) sub-section (2) of Section 5 of the Pakistan Telecommunication (Re-organization) Act, 1996, the Authority hereby makes the following regulations, namely:–

1.  Short Title and Commencement.–(1) These regulations shall be called the Class Licensing and Registration (Amendment) Regulations, 2016.

(2)  These regulations shall come into force with effect from the date of gazette notification.

2.  Amendment in Regulation 2, S.R.O 692(1)/2007 of 2007.–In the Class Licensing & Registration Regulations, 2007, at page 3052 of S.R.O 692(1 )/2007 of 2007, after clause (c) of sub-regulation (1) of Regulation 2, the following clauses/definitions shall be inserted and read as follows:

“(ca)   “Backhaul” means a portion of the network that comprises of intermediate links between the content source and a distribution point in small sub networks;”

3.  Amendment in Regulation 2, S.R.0 692(l)/2007 of 2007.–In the Class Licensing & Registration Regulations, 2007, at page 3052 of S.R.O 692(1)/2007 of 2007, after clause (g) of sub-regulation (1) of Regulation 2 the following clauses/definitions shall be inserted and read as follows:

“(ga)   “dBi” means decibel isotropic.

(gb)    “dBm” means decibel milliwatt.

(gc)    “EIRP” means Effective Isotropic Radiated Power.

(gd)    “Fixed network operator” means Local Loop (Fixed, Wireless) and Long Distance International licensee of PTA “

4.  Amendment in Regulation 2, S.R.O 692(l)/2007 of 2007.–In the Class Licensing & Registration Regulations, 2007, at page 3053 of S.R.O 692(l)/2007 of 2007, after clause (h) of sub- regulation (1) of Regulation 2 the following clauses/definitions shall be inserted:

“(ha)   “Indoor” means a single set of premises in single occupation within a single unbroken boundary or a vehicle, vessel, aircraft or hovercraft.

(hb)    “ISM” means Industrial Scientific and Medical”

5.  Amendment in Regulation 2, S.R.O 692(1)/2007 of 2007.–In the Class Licensing & Registration Regulations, 2007, at page 3053 of S.R.O 692(1)/2007 of 2007, after clause (m) of sub-regulation (1) of Regulation 2 the following clauses/ definitions shall be inserted and read as follows:

“(ma)  “Node” means a connection point, either a redistribution point or an end point or both far data transmission.

“(mb)  “Non-interference Basis (NIB)” means a condition of use relative to other specified uses that affords no protection from harmful interference from the other specified users, and prohibits causing harmful interference to the other specified users “

6.  Amendment in Regulation 2, S.R.O 692(l)/2007 of 2007.–In the Class Licensing & Registration Regulations, 2007, at page 3053 of S.R.O 692(I)/2007 of 2007, after clause (s) of sub- regulation (1) of Regulation 2 the following clauses /definitions shall be inserted and read as follows:

“(t)     “Wi-Fi” means Wireless Fidelity. The technology corresponding to the IEEE 802.11 standards for low power, indoor wireless data communication.

“(u)    “Wi-Fi Offloading” also known as Mobile traffic offloading is the use of complementary network technologies for delivering traffic originally targeted for cellular networks.

“(v)     “Wi-Fi node” means node that operate on Wi-Fi technology.

“(w)    “Wi-Fi hot spot” is a Wi-Fi node that is attached to a fixed network and provides limited mobility access or fixed access “

7.  Amendment in regulation 9, S.RO 1114(l)/2008 of 2008.–In the Class Licensing & Registration (Amendment) Regulations, 2008, at page 4055 of S.R.O 1114(l)/2008 of 2008, sub-regulation (3) of regulation 9 shall be substituted and read as follows:

“(3)     Industrial Scientific and Medical (ISM) bands comprising 2.4-2.5 GHz and 5.725-5.875 GHz may be used free of charge by CVAS Data and Local Loop on Non-interference Basis (NIB) with following restrictions on power limits:

(a)      Commercial/non-commercial (Public/Private) use for establishing Wi-Fi hot spot. Maximum EIRP of 30 dBm for each of the following bands:

i.        2.4-2.5 GHz

ii.       5.725 -5.875 GHz

(b)      Backhauling of Traffic as referred in Clause 9(5), 9(6) and 9(7) and establishment of Point to Point Links.

i.        2.4-2.5 GHz

          Maximum transmitter output power of 30 dBm with up to 36 dBm (30 dBm + 6 dBi) of EIRP.

ii.       5.725-5.875 GHz.

          Maximum transmitter output power of 30dBm with up to 53 dBm (30 dBm + 23 dBi) of EIRP.”

8.  Amendment in regulation 9, S.R.O 692(l)/2007 of 2007.–In the Class Licensing & Registration Regulations, 2007, at page 3056 of S.R.O 692(1)/2007 of 2007, after sub- regulation (3) of regulation 9 ,the following clauses shall be inserted and read as follows:

“(4)     No license shall be required for indoor private (non-commercial) use.

(5)      Backhaul for public Wi-Fi hot spot shall be provided by a fixed network operator where such services are available.

(6)      Mobile Operators wishing to provide public fixed or limited mobility Wi-Fi services to their own customers shall do so under commercial arrangement with fixed network operator.

(7)      Mobile Licensee can undertake Wi-Fi offloading of mobile traffic to a Wi-Fi node linked to a mobile network or to a Wi-Fi hot spot linked to a fixed network.

(8)      Wi-Fi node linked to a mobile network shall be used to provide offloading of mobile traffic only from its own subscribers and from those that are roaming on its own network.

(9)      Details of outdoor links will be registered with FAB through PTA prior to commencement of service for record purposes.

(10)    PTA may inspect the site and obtain necessary information as and when required

(11)    Wi-Fi hotspot owners shall be responsible to ensure that their services are compliant to all relevant laws of the country specifically the national security requirements; and PTA’s, other relevant Regulations, SOPs and Directives.

(12)    PTA may order closure of Wi-Fi hotspot(s), Wi-Fi Node(s) or link(s) either permanently or temporarily for security reasons, on violation of the rules, regulations. SoPs or PTA ‘s directives and/or on the policy directives of the Government of Pakistan “

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