3 Sweden is going to court in an attempt to change the terms of the 700 MHz auction. The company said the terms decided by regulator PTS could shut the mobile operator out of the 5G market and violate EU directives, government instructions to the regulator and the PTS' own rules to promote competition.
Under the auction terms announced in early July, each operator can acquire a maximum 40 of the 60 MHz on offer in the 700 MHz band, and only three lots of paired spectrum are available. Based on the type of lots available, this means the auction could finish with only two operators acquiring spectrum, while there are four existing operators in Sweden.
3 Sweden said this contrasts with other European countries, where auctions are set up to ensure all the existing players can acquire frequencies. It also goes against the EU's framework and authorisation directives, which require the PTS to promote competition, the operator claims.
The company said it raised the issue with the regulator but was not given a hearing. As a result, it will take its complaint to the administrative law court in Stockholm.
