Ofcom has published an update on the timetable for the upcoming auction for spectrum in the 2.3 and 3.4 GHz bands, saying it wants to expedite the process which was slowed down by court challenges. Ofcom had planned to hold the auction in autumn 2017, but was delayed by litigation brought by 3 UK and BT/EE. The High Court upheld Ofcom’s decision and dismissed both claims on 20 December but 3 UK’s case is now before the Court of Appeals. A ruling will be heard on 13 and 14 February.
The regulator said it will now publish the auction rules on 24 January, together with guidance for potential bidders. Once the regulations go into effect, the regulator will confirm when it starts accepting applications; this should be about seven days after the rules come into force. Determining qualified applicants will start immediately after applications. Qualifying the bidders however will only start after the Court of Appeals rules on 3 UK’s request to have a 30 percent spectrum cap in order to stop EE (BT) from participating.
