Out-Law / Your Daily Need-To-Know

Ofcom plans to pre-approve transfers of spectrum relevant for '5G' mobile services

22 Dec 2016, 12:26 pm

Companies which want to supply '5G' mobile services in the UK by acquiring spectrum from operators will need pre-approval from telecoms regulator Ofcom to ensure competition is not damaged, Ofcom has proposed.

enable it "to conduct an assessment of the impact on competition of any transfer of frequencies" falling in the 3.6 GHz to 3.8 GHz band "before deciding on whether to approve that transfer", it said in a newly published consultation paper.

The regulator intends to bring the 3.6 GHz to 3.8 GHz band within the scope of the Wireless Telegraphy (Mobile Spectrum Trading) Regulations, or Mobile Trading Regulations as Ofcom has referred to it as. Those rules have a mechanism in them which allows it to carry out a "competition check" in advance of any future issues arising, it said.

Earlier this year, Ofcom consulted on plans to make the 3.6 GHz to 3.8 GHz band available for 5G mobile services in future. It said it expects to issue a further statement on those plans in the new year.

"We are required under EU law to ensure that competition is not distorted by any transfer or accumulation of rights of use of radio frequencies," Ofcom said. "We normally include under the Mobile Trading Regulations all bands that can be used for consumer mobile. This is because we consider that mobile spectrum different is from spectrum in general, in part because we believe that there is a material risk that concentration of mobile spectrum holdings could affect downstream competition."

Ofcom's latest proposals are open to consultation until 5pm on 27 January.

Last month Ofcom announced plans to prevent BT/EE from bidding for a share of spectrum that will be made available to support the delivery of '4G' services. Those plans, relevant to spectrum in the 2.3 GHz frequency band, were outlined on competition grounds.