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Three and EE lose High Court fight over 5G spectrum auction
Ofcom has fended off two legal challenges that threatened to delay the UK's next mobile spectrum auction. Three and BT-owned EE had filed separate complaints over a proposed bidding war that was scheduled to take place later this year. Three argues that Ofcom should be stricter with its spectrum caps, limiting EE's spending power and potential allocation, while BT believes that there should be no restrictions whatsoever. The High Court disagreed with both today, believing that Ofcom had done its homework and properly modelled how different caps would affect the outcome of the bid and, subsequently, consumer choice in the UK.
Three finally takes Ofcom to court over 5G spectrum auction
Three has followed through on its threat to take Ofcom to court. The mobile network operator, owned by Hutchison Whampoa, is unhappy with the planned rules for the next spectrum auction. It believes they're too gentle and will allow BT, EE and Vodafone to increase their dominance of UK airwaves, stifling competition in the process. "We confirm that we have filed a judicial review before the UK courts in relation to the competition measures that will apply in the upcoming spectrum auction," a Three spokesperson told Engadget. "It is absolutely vital that the regulator gets this auction right for the long-term benefit of all consumers."
EE says it'll also sue Ofcom to mould 5G spectrum auction as it sees fit
It seems a couple of UK carriers would rather tie the impending 5G spectrum auction up in litigation than let any of their competitors get their own way. Following in the footsteps of Three, EE's now threatening its own legal challenge against Ofcom in an attempt to get the regulator to release more spectrum earmarked for 5G services this time around, rather than holding separate auctions for different slices of the airwaves further down the road.
Three will sue to stop EE and Vodafone dominating connectivity
Three's dissatisfaction with how Ofcom plans to operate the upcoming 4G and 5G spectrum auction has finally gone beyond an exhausting war of words. The carrier has long threatened to take legal action against the UK telecoms regulator, should it not address what Three believes to be an anticompetitive set of rules to guide the auction. The Telegraph reports that Three has hand-delivered a letter to Ofcom, notifying the regulator of its intent to seek a judicial review. The letter is just another threat in and of itself, but it signifies the carrier is indeed preparing to take the matter to court.
Three prepares for spectrum race with UK Broadband purchase
Three announced today that it has agreed to buy UK Broadband Limited for £250 million, making Ofcom's impending spectrum auction altogether more interesting -- as interesting as spectrum auctions can be, anyway. UK Broadband isn't a household name, given it primarily builds bespoke 4G networks for the private and public sectors. The company does run the consumer-facing brand Relish, though, which offers flexible home broadband services using 4G-fed WiFi routers. While Relish seems like a good fit for millennial-chaser Three, and creates an immediate path for the company to get into home broadband, make no mistake: Three isn't after UK Broadband's 15,000 customers, but its spectrum licence.
Three asks Ofcom to limit BT in next spectrum auction
Ofcom is expected to auction off fresh slices of mobile spectrum later this year, which carriers will use to improve speeds on their networks amid our ever-increasing demand for data. It'll be a significant event in the mobile world, with the spectrum on offer being the equivalent of roughly 75 percent of the capacity released in 2013 to pave the way for the launch of the UK's first 4G services. Ofcom hasn't set a formal date yet, but already Three's CEO David Dyson is calling on the regulator to protect his network's interests so it can remain competitive with its larger rivals.
DOJ identifies lower frequency spectrum as key to wireless competition
The Department of Justice has provided the FCC with new recommendations for governing spectrum auctions, and with a heavy emphasis on leveling the playing field, the findings are likely to draw the ire of AT&T and Verizon. In its briefing, the DOJ made its case that the nation's two largest carriers currently hold market power, which is due to the heavy concentration of lower frequency spectrum (below 1,000MHz) allocated to the two incumbents. According to DOJ officials, "This results in the two smaller nationwide carriers having a somewhat diminished ability to compete, particularly in rural areas, where the cost to build out coverage is higher with high-frequency spectrum." Although the DOJ never came right out and said it, one can easily surmise that it's guiding the FCC to establish rules that favor smaller carriers -- namely Sprint and T-Mobile -- in future low-frequency spectrum auctions. In the DOJ's opinion, an incumbent carrier would need to demonstrate both compelling evidence of capacity constraints and an efficient use of its current licenses in order to gain additional lower frequency spectrum. Otherwise, the opportunity exists for AT&T and Verizon to snap up licenses simply in attempt to harm competitors. Given that the FCC and DOJ share the responsibility of ensuring competition in the marketplace, it seems unlikely that this latest brief will fall on deaf ears.
Mobile Miscellany: week of March 18th, 2013
If you didn't get enough mobile news during the week, not to worry, because we've opened the firehose for the truly hardcore. This week, a potential listing of T-Mobile's LTE launch markets was leaked, the FCC Chairman gave notice of upcoming spectrum auctions and Sprint issued a teaser for all you Windows Phone fans. So buy the ticket and take the ride as we explore all that's happening in the mobile world for this week of March 18th, 2013.
Mobile Miscellany: week of February 18th, 2013
If you didn't get enough mobile news during the week, not to worry, because we've opened the firehose for the truly hardcore. This week brought confirmation of Pantech's next phone for Verizon, legal battles over the airwaves in India and a new smartphone to Virgin Mobile. These stories and more await after the break. So buy the ticket and take the ride as we explore the "best of the rest" for this week of February 18th, 2013.
Apple, others urge Congress to make more radio spectrum available
A number of technology companies sent a missive to top lawmakers in Washington, DC, yesterday, urging that they authorize freeing up additional radio frequency spectrum for mobile devices. The letter was signed by Apple, Alcatel-Lucent, Nokia, Intel, Qualcomm, Samsung, Cicso, Ericsson and Research In Motion. The companies feel that the feds could auction off some of the spectrum that's currently used by government agencies. By doing so, the companies would gain valuable spectrum for mobile data and the US government would gain some much-needed revenue in return. The companies noted in their letter that, "Now is the time to ensure the incentive auctions are as robust and successful as possible at liberating spectrum. We should also turn our collective attention on ways to reap the economic benefits of underutilized federal spectrum assets." To open up the spectrum used by government users, the combined companies suggested that federal users should be incentivized to "become more efficient, to share with one another, to vacate or to lease their spectrum." [via Gizmodo]
Clear Talk latest beneficiary of Verizon's 700MHz spectrum fire sale
After horse-trading with the FCC and DOJ to gain AWS spectrum from cable venture SpectrumCo in exchange for its 700MHz A and B bands, Verizon has found another taker: Clear Talk, who just signed an agreement to purchase 10 lower B-block licenses. That follows an agreement with Nortex in Texas along with Panhandle Telecom in Oklahoma, and will cover Clear Talk's markets in Maryland, Texas, Georgia, Florida, Nevada and New Mexico. Big Red is evaluating other bids for its lower 700MHz licenses and is also leasing upper C-block frequencies to 20 operators in order "to jumpstart the delivery of 4G LTE in rural areas." Verizon's tat for that tit will be that it can wholesale its services to cable companies like Comcast and Time Warner, making it well worth the company's while, we can imagine.
Ireland completes spectrum auction after analog shutoff, LTE rollout pegged for mid-2013
The dust has settled after Ireland's recent spectrum auction, and wouldn't you know it, Vodafone, O2, Meteor and Three have picked up a combined 140MHz of paired spectrum across the 800, 900 and 1800MHz bands. According to the country's regulator, ComReg, the auction will effectively double the spectrum available in these bands and will allow for LTE deployment across Éire. For its part, O2 has committed to begin its 4G rollout in the first half of 2013. To ensure quick deployment, all license holders are required to make their new spectrum available to 70 percent of Ireland's population within three years. In all, the companies will pay €855 million ($1.09 billion) for spectrum rights until 2030, of which, €482 million is payable up front. Curiously enough, the country's 800MHz spectrum was freed up just last month after its analog shutoff. To find a complete breakdown of the situation, feel free to hit up the announcement from ComReg at the source link below. [Thanks, Neil] [Photo credit: Seattleye / Flickr]
FCC votes in favor of rethinking spectrum holding rules, goading broadcasters into wireless selloffs
FCC meetings can be momentous occasions under the right circumstances, although it's seldom the case that we see the agency pass two potentially far-reaching measures in one sitting, like we just saw on Friday. To start, regulators have voted in favor of a proposal that will review spectrum sale rules and might drop the case-by-case determinations in favor of a more consistent screening mechanism. The reexamination will also consider a change to the ownership rules surrounding wireless frequencies that treats bands below 1GHz differently than those above -- the better to address a chorus of smaller carriers that don't like all the prime spectrum going to the companies with the most existing clout, namely AT&T and Verizon. FCC Chairman Julius Genachowski argues that reform could spur innovation through more competition, although dissenting Commissioner Robert McDowell is worried that consistent rules will somehow create "uncertainty." Side-by-side with the review, the FCC is proposing an incentive-based reverse auction strategy to have TV broadcasters voluntarily give up their spectrum for cellular and data use. The multi-phase approach would have TV providers set the price at which they're willing to sell their spectrum to the FCC; those that just can't bear to part with their airwaves would be corralled into a tighter band range to make for larger available frequency blocks in the auction that follows. As with other FCC proposals, there's likely to be a long interval between the auction vote, the review and any definitive rulemaking, let alone an impact -- auctions by themselves can take years to play out. Still, any success with the measures could head off spectrum crunches while simultaneously preventing any solutions from consolidating too much power and creating their own problems. [Tower photo via Shutterstock]
FCC to vote September 28th on proposal auctioning UHF spectrum, Weird Al might still approve
The FCC has been more than a little eager to repurpose spectrum as wireless internet access takes off: white spaces and iDEN frequencies have already switched roles, and that's not including the myriad of spectrum swaps. Add one more wireless variety to the list, as FCC Chairman Julius Genachowski has confirmed his agency will vote on a proposal for incentive-based auctions of UHF spectrum. When the Commission meets next on September 28th, it will decide on whether or not to lure broadcasters into giving up the usually TV-focused space for the sake of data lovers everywhere. The freed-up airwaves in the proposal would mostly be unlicensed spectrum with "WiFi-like uses," but at a much lower frequency than the 2.4GHz and 5GHz bands that WiFi needs today: as the first consistent, unlicensed spectrum at that range in the US, it could create opportunities for longer-ranged, free wireless that aren't even on the table in 2012. Not that we have much of a choice in taking action today. Any accepted rules won't be completely finalized until mid-2013, and the auction itself won't take place until 2014. Still, the UHF plans foster dreams of more wireless for everyone -- and we suspect that even one Mr. Yankovic wouldn't mind giving up Channel 62 for a long-distance home network.
India planning fresh 2G spectrum auctions for November 12th
India's Department of Telecommunications has issued guidelines for the forthcoming 2G spectrum auction, penciled in for November 12th. While the subcontinent has already flogged off its 3G bands, it withdrew 122 licenses in the 1,800MHz and 800Mhz waves due to allegations of serious corruption. The country has set the starting price of $2.5 billion, a figure that the networks have balked at, saying that it'll cause tariffs to increase -- but is less than half of the $5.61 billion the country had originally sought to raise during the first, scandal-ridden auction.
UK pins the slow move to LTE on carriers, Australia targets auctions for April 2013
Aussies and Brits have been waiting awhile for either a truly broad LTE launch or to get any LTE at all. That wait is coming to an end, but not without some grousing. UK Minister for Culture Ed Vaizey has alleged that any slow movement stemmed from carriers that have "threatened to sue" regulator Ofcom if it's too hasty and does something they frown upon. Needless to say, that remark has ruffled a few feathers: one of the earliest expected British LTE providers, Everything Everywhere, tells Pocket-lint it has "no appetite" to take Ofcom to court and drag 4G deployments through the mud. Things are going a little more smoothly in Australia, if on a later timetable. The Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, now expects Australia to auction off 700MHz and 2.5GHz wireless frequencies in April 2013. That could lead to a very long wait for wider 4G service in the country, but at least the 700MHz support will be good news for device makers that don't want to be mired in disputes over LTE devices they've brought over from the US.
Cox seeks 700MHz spectrum transfer to AT&T, U.S. Cellular
Spectrum is the new oil. Or, so it would appear given all the backbiting that's overtaken the wireless industry as of late. One company, however, is perched advantageously to benefit from these squabbles and that's Cox. In separate filings to the Commission dated today, the cabler's begun the official process of seeking approval to transfer portions of its 700MHz holdings in the A and B blocks -- acquired during an FCC auction back in 2008 -- to U.S. Cellular and AT&T, respectively. Barring any (Big Red) opposition, this exchange would put eight licenses in AT&T's fold and four in U.S. Cellular's that would enhance existing voice and data service, while also aiding in LTE buildout across southern CMAs. All three parties still have a ways to go before these deals pass regulatory approval, but if the recent state of the wireless union's any indication, one of the three primary carrier colors is bound to rear its nay-saying head.
Canada relaxes rules on foreign ownership of wireless companies, plans spectrum auction for first half of 2013
The Canadian government made a major announcement on telecom policy late this afternoon, revealing a change that opens the door to more foreign ownership of wireless companies -- an issue that's been a point of contention for some time. As The Globe & Mail reports, the new rules will allow for 100 percent ownership of companies with a market share of ten percent or less -- something that can then grow beyond ten percent, so long as it's not done through mergers or takeovers. Previously, total foreign ownership in telecom companies has been restricted to 46.7 percent. Along with that news, the government also confirmed that the anticipated 700MHz spectrum auction will take place in the first half of 2013 (with a 2500 MHz auction to follow within a year), and that there will be caps in place that are said to "effectively ensure that new wireless entrants and regional providers have access to prime spectrum." The auction will also have some conditions intended to bring service to rural areas, and there will be a block of spectrum reserved for public safety use. All of this, the government says, is intended to "provide Canadian families with more choices at low prices," although we'll naturally have to wait and see if that last bit pans out. [Tower photo via Shutterstock]
AT&T and Verizon lobby for less FCC spectrum control, Sprint and other carriers respond
Since 1993, the FCC has held the ability to restrict bidders' participation in spectrum auctions based on their current spectrum holdings, needs and dominance in the marketplace. Given that wireless spectrum is a public resource, the current law tasks the FCC with the responsibility to ensure competition in the marketplace and prevent monopolies and duopolies from forming. A new proposal contained within the JOBS Act, H.R. 3630 -- a sweeping bill that primarily addresses the extension of unemployment benefits -- threatens to strip the FCC of this authority and return spectrum auctions to the freewheeling wild west era. The bill is so controversial that former FCC chairman, Reed Hundt, recently called this proposal "the single worst telecom bill" he'd ever seen, and, "a repudiation of the smartest auction theorists in the world." Today, the CEOs from many of the US's smaller telecoms -- which include Sprint, T-Mobile, Cricket, C Spire and Bluegrass Cellular (among others) -- officially lodged their objections to this proposed bill based on the notion that, left unrestricted, AT&T and Verizon Wireless could start bullying smaller carriers in the race to acquire more spectrum.While the majority of the bill deals with making additional spectrum available, Section 4105 of Title V -- the controversial bit in question -- is ostensibly the work of lobbying efforts on behalf of AT&T and Verizon. Are the nation's top two carriers legitimately concerned that the FCC will limit their ability to participate in future auctions? Sprint contends that the current law has worked rather well for both top dogs, which together control approximately 73 percent of the spectrum under 1GHz. There's no doubt that spectrum is the bread and butter of the wireless industry, but as a public resource, it deserves to be allocated in a way that promotes competition and best serves the citizens. Regardless of your gut reaction, it seems that the topic deserves some legitimate debate. If the proposed bill hits the Congressional floor and is mired down amongst discussions of unemployment benefits and flood insurance reform, just how much of this important discussion will fall on deaf ears?[Tower photo via Shutterstock]
T-Mobile urges Congress, FCC to keep spectrum auctions competitive
T-Mobile may be getting a new batch of spectrum as a result of its failed merger with AT&T, but it's obviously going to always be on the hunt for more, and it's now urging Congress to ensure that the playing field for future auctions is level for all bidders big and small. Specifically, it's asking members of Congress to reconsider some pending legislation that it says would "effectively preclude the FCC from considering existing spectrum holdings in determining the qualifications for participation in auctions." That, it suggests, would put smaller players like itself at a disadvantage to the big spectrum holders in future auctions (namely, AT&T and Verizon), and would represent a drastic break from the past twenty years -- during which it says the FCC has continued to fine-tune it's process to ensure "pro-competitive auction rules." T-Mobile's full case, laid out by VP of Federal Regulatory Affairs Kathleen Ham, can be found at the source link below.
