ISLAMABAD – The Competition Appellate Tribunal (CAT) has directed Peshawar Electric Supply Company (PESCO) to reinstate the Right of Way (ROW) facility for all service providers, including fiber optic, internet, and cable operators. Upholding the decision of the Competition Commission of Pakistan (CCP), CAT further ordered PESCO to develop a new, non-discriminatory ROW policy within 30 days.
The directive follows a CCP investigation triggered by complaints from Cyber Internet Services (Private) Limited and Nayatel (Private) Limited, which alleged discriminatory ROW charges. The inquiry revealed that PESCO charged internet providers Rs. 100 per pole, while local cable TV operators paid only Rs. 10 per pole. After CCP issued a show-cause notice, PESCO’s Board annulled the existing policy and revoked ROW access altogether for all service providers.
CCP found this revocation and the differential pricing to be an abuse of dominant market position, violating Section 3 of the Competition Act, 2010. During CAT hearings, CCP’s counsel argued that PESCO’s conduct breached the Government of Pakistan’s Public and Private Right of Way Policy Directives, which allow licensed service providers to install aerial fiber optics on government or private electricity poles at regulated rents.
PESCO controls the electricity poles in its service area, holding exclusive rights to ROW infrastructure, leaving no alternative for service providers. The CCP reiterated its recommendation that all electricity distribution companies adopt a uniform, fair, and non-discriminatory ROW policy that considers legitimate space, access, and safety requirements.
