Ofcom releases regulations for the award of spectrum

The regulations for the award process regarding the auction of spectrum in the 2.3 and 3.4 GHz bands has been published by Ofcom.

Ofcom had planned to hold the auction for this spectrum in autumn 2017, but it has been delayed by litigation brought by Three and BT/EE.

Following an expedited court process recognising the strong public interest in proceeding with the auction, the High Court upheld Ofcom’s decision and dismissed both claims on 20 December 2017.

Three has now sought permission to appeal on to the Court of Appeal. The Court of Appeal is also expediting that appeal, which will be heard on 13 and 14 February 2018.

Ofcom believes it is in the public interest for the auction to take place as soon as possible. This is in the 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.

It has therefore decided to proceed to make the auction regulations for this spectrum award process, so it can move as quickly as possible to hold the auction once the judgment of the Court of Appeal has been given.

The regulations published under the Wireless Telegraphy Act will come into force on 31 January 2018. If Ofcom has to change any of the regulations in light of the Court of Appeal’s judgment, it will do so as quickly as possible to minimise further delay to the auction process.

It has also published application forms and guidance for potential bidders who are interested in taking part in the auction. Once the regulations are in force, Ofcom will confirm the date for when it will be accepting applications.

Image credit: ©stock.adobe.com/au/itestro

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