5G will be revolutionary for consumers and providers, says telecoms lawyer

Daryl Cox of Pinsent Masons, the law firm behind Out-Law.com, said the development and roll-out of 5G networks and services is a long term project, with regulatory and commercial challenges still to be overcome before 5G services go mainstream.

However, "5G is not only step-change to faster wireless internet – from a user's perspective, 5G will fundamentally change how connectivity, applications and content are consumed; from a provider's perspective, 5G presents enormous opportunities for network efficiency, including through 'network slicing', and to deliver innovative services," Cox said.

"The building blocks for 5G are still in development in the UK and other jurisdictions, such as 5G standards, spectrum clearance and allocation, equipment development, and most importantly, the development of commercially sound use cases. However, consumers can expect some commercial 5G services to be live from approximately 2020, with 5G compatible equipment and networks likely to be rolled out before that time," he said.

"The development of use cases and sourcing investment are key blockers at the moment," Cox said. "It is classic 'chicken and egg': investors are waiting for regulatory issues to be resolved and use cases to become more solid before investing, while those developing 5G solutions want to see investment – in the UK, the telecoms regulator Ofcom and the Department for Digital, Culture, Media and Sport (DCMS) are seeking to usher these players together by implementing regulatory reforms and funding 5G testbeds and trials."

Cox was commenting after Ofcom recently published an update (35-page / 1.42MB PDF) on the action it is taking to "facilitate 5G rollout in the UK".

A central plank of Ofcom's work on 5G is the clearance of spectrum for future 5G services. On 20 March, the regulator is due to open bidding on 150MHz of spectrum in the 3.4GHz band that will be suitable for 5G services. Other bands of frequency have also been identified as suitable for supporting 5G in future, including spectrum within the 3.6 GHz to 3.8 GHz band, set to be auctioned off in 2019.

Cox said: "From a regulatory perspective, there are several strands of work. This includes clearing and auctioning appropriate spectrum in low (700 MHz), mid-range and high frequency bands. This will include millimetre wave (mmWave) spectrum bands above  24 GHz."

"Enabling site access and sharing for 5G purposes will be a further challenge. The Electronic Communications Code, recently revised, is relevant in this context, and further reforms will also be required given the impact of 5G on the built environment and street furniture. As a gauge, the National Infrastructure Commission (NIC) estimated that there are approximately 40,000 mobile base stations in the UK currently and anticipates that as many small cells will be needed in the City of London alone to support 5G services in future," he said.

Cox said that the higher frequency spectrum for 5G services facilitates greater bandwidth and speed, but is less effective over distance and in passing through structures. The upshot is that more transmitters are required.

"5G also requires more and denser fibre networks, as the transmitters need to be fed with fibre backhaul and power," Cox said. DCMS has a separate but closely linked programme for the rollout of full fibre networks.

Cox said that "it is clear that Ofcom is aware of the planning and site access challenges of 5G and there are genuine efforts to address them".

The UK is battling with other major economies around the world to become a global leader in 5G. Through its 5G strategy, the UK government outlined plans to provide for 5G connectivity within the UK roads and rail networks, release more spectrum owned by public sector bodies for the provision of 5G services by businesses, and facilitate the testing of innovative 5G applications through its 5G testbed and trials programme.

In its update, Ofcom highlighted the 'innovation and trial licences' that businesses can obtain from it to "test innovative 5G applications", and said it was also committed to "ensure site access and planning are not a barrier to the deployment of 5G".

The regulator also said that it would work with other telecoms regulators across Europe "to ensure that net neutrality regulation is not a barrier to 5G evolution". Earlier this month, Ofcom opened investigations into mobile network operators Vodafone and Three to assess whether their practices comply with net neutrality laws.

The Body of European Regulators for Electronic Communications (BEREC) on Wednesday opened a consultation to gather views on the EU's net neutrality framework, and in particular to obtain their thoughts on the rules in the context of potential 5G services. BEREC specifically asked for feedback on whether the net neutrality regulations and supporting guidelines it produced in 2016 "provide sufficient flexibility to adopt new technologies which are likely to be used in 5G". It said the views it collects will be fed into a review that the European Commission will conduct of the EU's net neutrality framework in 2019.

BEREC also released a study on the implications of 5G deployment on future business models. The study highlighted the potential use cases for 5G technology across a wide range of sectors, from the automotive industry, to media and entertainment, manufacturing and health sectors.

The BEREC study said. "5G offers new network management possibilities that could enable a single physical network to support a number of virtual networks with different performance characteristics. This network slicing creates, for the first time, the possibility of tailoring mobile data services to the particular characteristics of specific users. For example, a dense IoT sensor network might prioritise low power consumption of terminals over connection speed; at the same time, a separate network slice on the same infrastructure could deliver high-speed mobile broadband."

A report published by Ofcom in 2017 identified the potential of 5G technologies to enable the growth of the 'internet of things' (IoT), as well as developments in smart energy, smart manufacturing, digital health and driverless cars.