The Administrative Court in Stockholm has rejected an appeal by Huawei Technologies Sweden in two cases concerning conditions for 5G licences. The court said communications regulator PTS had grounds to append terms to spectrum licences that exclude Huawei products from central functions on Swedish 5G networks, and that oblige the removal of existing Huawei products by 01 January 2025.
The court also said PTS had grounds for the licence term obliging licence holders to stop relying on personnel or functions located abroad by the beginning of 2025 and, if necessary, to replace them with functions or staff in Sweden.
The court said one can assume that radio use could damage Swedish security if Huawei products were used in central functions of 5G networks, as could reliance on staff or operations abroad for those central functions.
The court said PTS had been deficient by not communicating with Huawei, but that there were no grounds to revoke its decisions, as they were not materially incorrect.
Court chairwoman Ulrika Melin said Sweden’s security is an important consideration and the court had taken into account that only the Security Police (Sapo) and Armed Forces have a comprehensive overview of the security situation and threats facing the country.
The appeal concerned the conditions for allocating 5G frequencies in the 3.5 GHz and 2.3 GHz bands, which were auctioned on 19 January 2021. Last October, PTS had said that Huawei and ZTE would not be allowed to supply equipment for 5G networks, citing security concerns. PTS also said that any products from Huawei and ZTE on existing infrastructure for central functions to provide services in the relevant bands must be phased out by 01 January 2025.
