Ofcom has announced its intention to auction the upper block of 1.4 GHz band (1492-1517 MHz) for 4G and 5G mobile use. It expects that further deployment of the upper block of the 1.4 GHz band will help improve the performance of mobile services, particularly in areas where coverage is patchy, such as some indoor areas and in remote parts of the UK. To avoid potential disruption to Inmarsat satellite receivers on board maritime vessels and aircraft, Ofcom is also proposing to limit the power that mobile networks can transmit around certain ports and airports for an initial period, relaxing this limit later on.
To award the 1492-1517 MHz spectrum, Ofcom plans to use a sealed-bid, single round auction format, with a ‘second price’ rule – where winning bidders pay fees based on the second highest price bid.
Ofcom’s proposals (including a draft license template) are available here and any interested party can provide comments until 25 April 2025. Ofcom also intends to consult separately on its competition assessment for this award once any spectrum trades, which are being considered as part of the merger between H3G and Vodafone, have been completed. Potentially interested parties should bear in mind the potential risk of antitrust liability arising from the exchange of competitively sensitive information in connection with auctions of this kind (for a useful refresher, our Antitrust Guidelines for Communications Between Competitors in Spectrum Auctions are available here).