Ofcom defeats BT and Three appeals over 5G spectrum auction

Regulator Ofcom has defeated two legal challenges over its forthcoming 5G mobile spectrum auction from BT's EE and smaller rival network Three, though an appeal is likely.

The pair launched appeals over the regulator's decision to set a limit on how much spectrum individual operators could buy – in order level the playing field.

Three appealed against Ofcom's 37% ceiling as the maximum amount of mobile spectrum any company could own, suggesting 30% was fairer.

EE's reaction was to launch a demand for the cap to be removed for the 3.4GHz band of spectrum, which is planned to use for its 5G rollout from 2020.

However, the appeals were rejected at the High Court of Justice in London on Wednesday morning.

Ofcom told reporters: "Our priority has always been to release these airwaves as soon as possible so customers can get more reliable mobile phone reception. We’ll now proceed with the auction as quickly as possible.”

A spokesman said the regulator is disappointed that Three is seeking permission to appeal to the Court of Appeal. "We believe the High Court judgment is clear and Three’s actions may further delay the auction, which is not in the interests of the UK. We are opposing its application and have asked the court to fast-track this process."

A Three spokesperson said: “We are disappointed by the initial ruling of the court, as a fairer distribution of spectrum is vital for UK consumers and the digital economy."

Saying that it was seeking permission to appeal, Three added: "Ofcom does not expect 5G to rollout in the UK until 2019/20 at the earliest, so this will have no impact on the delivery of this new technology.”