UK telecoms regulator Ofcom is proceeding with its planned 5G spectrum auction despite ongoing legal challenges from two of the country’s four major operators.
Last month the UK High Court dismissed legal challenges from EE and Three concerning Ofcom’s proposed spectrum caps for the auction. Three, which is the smallest of the major UK operators by subscriber numbers, has since announced it will appeal to the Court of Appeal.
Ofcom will publish the auction rules on 24 January, with those rules scheduled to come into force on 31 January. The regulator expects to begin receiving applications the following week. However, Ofcom has said it will delay qualifying bidders until the Court of Appeal issues its judgment in Three’s case, currently scheduled for 14 February.
The regulator explained its stance in a statement:
“Ofcom believes it is in the public interest for the auction to take place as soon as possible in light of the significant and strong demand for access to the spectrum, and the immediate and direct benefits to consumers of faster, higher quality mobile data services that can be offered using the spectrum.”
Interested parties will compete for spectrum in the 2.3 GHz and 3.4 GHz bands, both intended to support 5G rollout. Three has argued it should receive preferential consideration over EE in the auction because of the current imbalance in spectrum holdings between the operators.
Commenting on Three’s litigation, Ofcom added:
“The litigation by Three is continuing to delay access to the spectrum and the benefits to consumers and businesses that can flow from it. We are keen to ensure that we can move as quickly as possible to hold the auction once the judgement of the Court of Appeal has been given.”
The 2.3 GHz band can be used immediately by mobile operators to enhance existing services, while the 3.4 GHz band is earmarked for future 5G deployments. Ofcom will auction 40 MHz in the 2.3 GHz band and 150 MHz in the 3.4 GHz band.
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