Belgium
Radio spectrum tenders in Belgium
Benoit van Asbroeck
In 2001 four licences were put up
for auction in the 2.1 Ghz band (3G licences). Three operators were granted a 3G
licence but, at the time, no buyer was found for the fourth licence. On 15 July
2011, a fourth licence was granted to NV/SA TELENET TECTEO BIDCO. The
company was the only candidate that submitted a bid and consequently it acquired
the full spectrum slot of 2*14.8 Mhz 3G-spectrum in the 2.1 Ghz band. Telenet's
licence is valid until 15 March 2021, the same termination dates of the licences
acquired by Proximus, Mobistar and Base in 2001. This allows the government to
adopt a new legal framework in 2021 simultaneously for all 3G licencees.
Czech
Republic
Recent developments in the Czech Republic
Vojtech Chloupek and Pavel Hejl
In September 2011, the Czech
Telecommunication Office (the "CTO") issued terms and conditions for the
spectrum auction for the 800, 1800 and 2600 MHz frequency bands. The auctions
are scheduled to be held within 3 months of an amendment of Czech
Telecommunication Act (the "Act") (probably in the beginning of 2012). The aim
of these spectrum auctions in the Czech Republic is to create and preserve
technological neutral spectrum for all state-wide mobile services, which will be
used in respect of coverage of the all residents and the whole area of the Czech
Republic and in line with the Commission Decisions, European Digital Agenda and
Czech Digital Agenda. General principles were issued by the CTO in order to
maximise the transparency of the auction process, which is expected to stimulate
long term effective competition in the mobile markets, facilitate sustainable
services and efficient pricing of frequency spectrum.
France
Allocation of 4G Frequencies in France: ARCEP invites all parties interested in
being awarded spectrum in the 800 MHz and 2.6 GHz frequency bands to submit
their applications
Katia Duhamel
The Prime Minister has assigned
digital dividend spectrum in the 800 MHz frequency band and spectrum in the 2.6
GHz band to mobile services, with a view to deploying ultra high-speed mobile
(4G) networks.
ARCEP begins the market analysis process for wholesale mobile voice call
termination for Free Mobile, LycaMobile and Oméa Telecom in Metropolitan France
Katia Duhamel
New players will enter the
wholesale mobile voice call termination market in France by 2012, and therefore
ARCEP will set voice call termination charges for calls to their mobile numbers.
These players are Free Mobile, the country's fourth mobile network operator,
LycaMobile and Oméa Telecom - both full-MVNOs that are hosted by Bouygues
Telecom and SFR, respectively.
Germany
The frequency auction 2010
Sven-Erik Heun and Valerian Jenny
In March 2010, the German
national regulatory authority (BNetzA) auctioned almost 360 MHz of spectrum in
the 800 MHz ("digital dividend"), 1.8 GHz (former GSM), 2.0 GHz (former UMTS)
and 2.6 GHz (former UMTS extension) bands. According to the designation in the
German frequency utilization plans and the underlying decision by the
president's chamber, the entire spectrum may be used for wireless access for the
provision of telecommunications services. This means that the former distinction
between GSM, UMTS and/or other types of frequency usage has fallen away to make
room for just one type (of market and) designation. Consequently, due to this
general usage designation, the spectrum had to be seen as a whole in this
auction.
Court rulings question 2010 frequency auction (see also Bulletin July 2011)
Sven-Erik
Heun and Valerian Jenny
On 23 March and on 22 June 2011, the Federal
Administrative Court of Germany (Bundesverwaltungsgericht, "BVerwG")
handed down two decisions on separate legal challenges brought against the
frequency auction 2010. One of these challenges was brought by German mobile
radio operator E-Plus, the other by a small provider of fixed wireless services
in the 2.6 GHz band. E-Plus' objections focus on the auction procedure and rules
for the 800-MHz "digital dividend" frequencies, and argue, inter alia, a
violation of the principles of fair and sustainable competition as well as of
the requirements on objective, transparent and non-discriminatory frequency
award proceedings. The fixed wireless operator's action aims to keep the 2.6 GHz
frequencies that had previously been assigned to it.
2011 developments in radio spectrum regulation (see also Bulletin July 2011)
Sven-Erik Heun and Valerian Jenny
On 06 July, 2011, the German NRA
Bundesnetzagentur ("BNetzA") published two papers and
thereby initiated two consultations with regard to spectrum policies.
The
Netherlands
Recent development in The Netherlands
Feyo Sickinghe
In the spring of 2011, the
Ministry of Economic Affairs held a consultation in respect of the terms and
conditions for a spectrum auction for the 800, 900 and 1800 MHZ frequency bands
scheduled in the first quarter of 2012. The aim of the spectrum auction is
to create technological neutral spectrum for all mobile services in line with
the Commission Decision of 16 October 2009, harmonizing the 900 MHz and 1800 MHz
frequency bands and the European Digital Agenda. In late 2010, the Ministry of
Economic Affairs issued a strategic note with respect to spectrum policy.
General principles were expressed to be stimulating long term effective
competition in the mobile markets, facilitating sustainable
services, encouraging innovation and efficient pricing of spectrum.
Poland
Polish Regulator tightens regulations in premium services
Filip Lukaszewicz
The Polish Parliament quickly
enacted amendments to the Polish Telecommunications Act proposed by the Polish
telecommunications regulator ("UKE"). UKE proposed the changes on 31 August 2011
and they were enacted 16 days later (waiting for the Polish President's
signature). These changes are designed to limit misleading premium services,
particularly text messages games.
Spain
Radio Spectrum Tenders in the 900 MHZ and 1800 MHZ frequency bands
Adela Gomez
Moving towards investment
and innovation in the Spanish economic crisis scenario
In the first days of June, the
Spanish Government awarded of a number of radio spectrum blocks in the 900 MHz
and 1800 MHz frequency bands. This process took place in the framework of
tendering procedures with two unique candidates and winners: Orange and Yoigo.
Auction of the "Digital Dividend" and other frequencies
Adela Gomez
Latest developments
regarding radio spectrum in Spain
The auction held by the Spanish
Ministry of Industry, Tourism and Trade to sell 270 MHz in the 800 MHz, 900 MHz
and 2.6 GHz frequency bands was closed on July 29, since in the last round the
participants did not made further bids.
Sweden
The situation on 01 September 2011
Johan Tydén
Telia, Telenor, Tele 2 and Spring
Mobil (wholly owned by Tele2) currently hold licences in the 1800 MHz band. The
first three licences, initially valid until the end of 2012 have been
extended to the end of 2027, however with reduced spectrum of only 2x35 MHz.
Spring Mobil's licence is valid until 2017.
UK
Ofcom to auction 800 and 2600 MHz spectrum in 2012
Colin Long and Adriano Ros
On 22 March 2011, Ofcom announced
that it was planning to auction (using the combinatorial clock system) spectrum
for fourth generation mobile services.
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