January 16, 2017

Ofcom has published a consultation setting out proposed regulations that, if implemented, would include the 3.6 to 3.8 GHz spectrum band within the Mobile Trading Regulations.

These regulations set out the process for trading spectrum in specified frequency ranges that can be used for provision of mobile services. In particular, they enable Ofcom to carry out a competition check before approving a trade of such spectrum.

Ofcom considers the 3.6 to 3.8 GHz band a high priority band for future mobile use due to the large amount of spectrum available, and the interest in this band for the rollout of future 5G services.

Ofcom has already consulted on the related policy issue about making the band available for 5G and mobile services in the future. That consultation closed on 15 December 2016. Subject to its consideration of consultation responses, Ofcom intends to make the final regulations as soon as practicable.

The consultation seeks views on the drafting of two sets of regulations, which would allow the licences in the 3.6 to 3.8 GHz bands to be traded with a competition assessment, should it be required. The closing date for responses is 27 January 2017. To access the consultation, click here.