A judge in Rotterdam has suspended changes in the use of the 3.5 GHz band in the Netherlands, granting a preliminary injunction against the Dutch state following a case brought by Inmarsat. The company has a satellite dish in the north of the Netherlands that receives incoming traffic in the 3,650 MHz band and has opposed the proposal to release the spectrum for 5G services.
The Ministry of Economic Affairs had changed the designation of the spectrum in the national frequency plan, with effect from 1 September 2022. The primary destination would then be mobile communication, for 5G. However, this adjustment is at odds with the passive use for satellite services.
The judge ruled that the ministry did not take sufficient account of the satellite operator's interest. "In the contested decision, the State did not sufficiently recognize the interest in the undisturbed continuation of emergency, urgent and security communications in a large part of the world and subordinated it to the economic interest for unlimited issuance of the 3.5 GHz band for mobile communication. The date of 1 September 2022 is not geared to guaranteeing emergency, urgent and security communication, but to the time that Defense needs to relocate its operations in Burum," the ruling stated.
The intelligence services have used the Burum site in the north of the country to intercept satellite communications for nearly two decades. However, Defense is moving abroad, which means that Inmarsat also has a problem. The company wants to stay, because its Inmarsat-4 satellites using the spectrum for maritime services will be operational still for years to come.
The court has not set a date yet for a full hearing of Inmarsat's claim. It urged the state to negotiate a solution with Inmarsat or risk having the national spectrum plan permanently overturned.
