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700 Mhz Spectrum Usage

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  • Registered Users Posts: 1,767 ✭✭✭clohamon


    ComReg received responses from the incumbent licensees, the MNOs, Eir, Three and Vodafone. In the main, the MNOs supported ComReg’s proposals, with the exception of the proposed spectrum fees, which, among other things, they claim are “excessive”, “create a barrier to take-up” and “punitive”.

    Yep, that’s ComReg. Crowing about the money they’re extracting from the industry while forgetting that it’s our (consumers’) money and at the same time giving two fingers to coverage.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    Regulation giving effect to the issuing of short-term liberalised licences in the 700 and 2100 MHz bands - https://www.irishstatutebook.ie/eli/2022/si/484/made/en/pdf

    Amending MBSA2 regulation removing the commencement date of the new MBSA2 20-year licences, due to delay caused by Three Ireland's appeal to the High Court. The regulation does not change the expiry date of the licences, 13 Feb 2042, meaning the licences will now be less than 20 years by the time the auction is completed, and licences issued - https://www.irishstatutebook.ie/eli/2022/si/483/made/en/pdf

    Primary MBSA2 regulation - https://www.irishstatutebook.ie/eli/2021/si/264/made/en/pdf

    Post edited by The Cush on


  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    Following application by Three, ComReg granted an Interim B 2.1 GHz Band Liberalised Use Licence to Three in October 2022. This licence commences on 2 October 2022 and expires on 15 October 2022.

    This was the original O2 3G 2100 MHz B licence issued back in October 2002. The interim licence was granted to bridge the gap between the expiry of the original licence and the start of the new short-term licence period beginning October 16th. Interim licence fee is €120,508 per 2 x 5 MHz block. I assume they have applied for all 3 blocks.

    The original Three Ireland 3G 2100 MHz A licence issued back in July 2002 and expired late Jul. Comreg offered Three Ireland an interim A licence to 15 October. Three originally had 3 blocks of spectrum, 2 x 15 MHz, but opted to retain only 1 block, 2 x 5 MHz, on the interim licence due to the licence fee cost, €725,415 per 2 x 5 MHz block. The other 2 block remain vacant until awarded post MBSA2.

    Vodafone's original 3G 2100 MHz B licence, 2 x 15 MHz, expires 15 October.

    eircom's original 3G 2100 MHz B licence, 2 x 15 MHz, expires March 2027.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    31/01/2023 ADVANCE WARNING LIST / MR JUSTICE O MOORE

    31/01/2023 RESERVED JUDGMENT / MR JUSTICE O MOORE

    Judgement due to be delivered at the end of Jan 2023.

    Looks like Comreg will be issuing further 3-month Short-Term Licences for the Jan-Mar 2023 period.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    Meanwhile, the case is back before two courts next week, the High Court on Monday 17th October and the Court of Appeal on Wednesday 19th October.

    Court of Appeal

    Wednesday the 19th October 2022


    Mr Justice Haughton, Mr Justice Collins, Mr Justice Allen

    At 10.30 o'clock

    For Hearing

    2022 189 Three Ireland (Hutchison) Limited & anor -v- Commission for Commission Regulation & ors (1 day)


    The CoA hearing is Comreg appealing the High Court's Mr Justice McDonald's stay order on the multi-band spectrum auction last July

    On 25 July 2022, ComReg lodged a notice of appeal to the Courts in relation to the Mr. Justice McDonald’s judgment on the Stay Application. On 29 July a hearing date of 19 October 2022 was set for ComReg’s appeal of the judgment on the Stay Application.

    In the High Court the case is on the commercial motions list for Monday before Mr Justice McDonald, not sure why but guessing it might be do with the following. Submissions and affidavits were made last Thursday and Friday.

     On 12 August 2022, Three submitted its responding notice to ComReg’s appeal of the Stay Application judgment, and also submitted a notice of cross-appeal on certain aspects of this Stay Application judgment.



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  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    The three original 3G licences awarded to Three Ireland, O2 and Vodafone 20 years ago expired in full at midnight. They are now operating on rolling 3-month short term licences until the MBSA2 licences are awarded. eircom's 3G licence doesn't expire until 2027.

    The short-term licences also allow the three MNOs continued access to the 700 MHz band until the MBSA2 licences are awarded.

    Post edited by The Cush on


  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    In the High Court the case is on the commercial motions list for Monday 17th before Mr Justice McDonald, not sure why but guessing it might be do with the following. Submissions and affidavits were made last Thursday and Friday.


    • 17/10/2022 Commercial Full Hearing IN RELATION TO COSTS - Order made


  • Registered Users Posts: 1,767 ✭✭✭clohamon



    Can't find any coverage of this. Court corrs must be down at the other 'Hutch' trial.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    Probably, I suppose not much to report in any case, each side arguing whether or not the HC stay order should be lifted. We should see what the arguments were once the judgment is published.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    The CoA hearing didn't finish Wednesday, continues next Tuesday

    Court of Appeal

    Tuesday the 25th October 2022


    Mr Justice Haughton, Mr Justice Collins, Mr Justice Allen

    At 10 o'clock

    For Continued Hearing

    2022 189 Three Ireland (Hutchison) Limited & Anor -v- Commission for Communications Regulation & Ors



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  • Registered Users Posts: 274 ✭✭scottigael


    I can't even get a decent 2100mhz signal from three now I'm guessing it's because they didn't purchase the 2x 15mhz band? Any chance they will in the future? Might look into eir.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    They gave up 2 x 10 MHz of their original 2 x 15 MHz 2100 MHz spectrum, on expiry of their licence, due to the cost of the interim licence.

    They still retain 2 x 20 MHz on a short-term license until the big spectrum auction completes. This is still more than each of the 2 other MNOs who retain 2 x 15 MHz each.

    They will be able to bid for lots and lots of spectrum once the auction opens.



  • Registered Users Posts: 274 ✭✭scottigael


    I was getting great speeds at Band 1 (2100mhz) 60-70 Mbps at 15mhz and now can barely connect to the 5mhz B1 and get less than 1Mpbs. Hope the auction for it opens up soon and they get the 15mhz back running.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    they still have access to 2 x 20 MHz in the 2100 MHz band, but I guess that depends on what they use on your local mast.

    Unfortunately, the auction is likely to be delayed to Feb/Mar next year, awaiting a High Court judgment at the end of Jan.



  • Registered Users Posts: 1,767 ✭✭✭clohamon


    Auction process may proceed it seems, but the results may not be implemented before judgement on the main issue.

    On 8 November 2022, the Court of Appeal made an order varying the Stay allowing the Main Stage to proceed but preventing ComReg from notifying the Winning Bidders of their entitlement to apply for licences (as provided for in paragraph 3.259 of the Information Memorandum (Document 21/40) (“IM”)) or taking any subsequent steps set out in the IM pending the determination of the substantive proceedings by Mr Justice O’Moore or further order.


    ComReg is now progressing the Main Stage of the Award Process.

    So if ComReg want to spend money on running the auction in its current format they'd have to be fairly confident that Justice O'Moore won't subsequently judge it to be an unfair format.

    Post edited by clohamon on


  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    3.259 In the case of Winning Bids, ComReg will notify the Winning Bidders of their Winning Bids and their entitlement to apply for a MBSA2 Preparatory Licence and a MBSA2 Liberalised Use Licence, subject to compliance with certain upfront obligations, as set out in the paragraphs of this subsection below.

    So, paused at Notification Stage, Main Stage of the award process goes ahead. No Assignment Stage (if required) I assume until Justice O'Moore hands down his judgment, otherwise Comreg would have to prepare for different outcomes from the judgment?

    3.182 Based on ComReg’s assessment of Aggregate Demand for each Lot Category as expressed in the Initial Bids of Bidders, the Award Process will progress in one of the following ways:


    • a Main Stage and an Assignment Stage will be held, followed by a Notification and Grant Stage;

    • a Main Stage will be held, followed by a Notification and Grant Stage;

    • an Assignment Stage will be held, followed by a Notification and Grant Stage; or

    • only a Notification and Grant Stage will be held.

    How many bidders have qualified to take part I wonder, maybe only the three MNOs



  • Registered Users Posts: 1,767 ✭✭✭clohamon


    My understanding is that ComReg's choice of CCA as the auction type (Main Stage) was itself at issue in the legal proceedings and might be subject to O'Moore's judgement.

    Yes, I presume it's the regulars.

    btw, O'Moore has more work lined up; ComReg have had another bad day, this time in the CJEU in relation to the USO compensation saga.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    If the CoA has allowed the auction process to proceed this must be the end of the auction format issue?



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    Short-Term ECS Licences expiring 1 January 2023, renewal applications

    In November 2022, ComReg contacted the licensees requesting them to submit a completed Application Form (Document 22/78bR) in two parts. Parts 1, 2, 5 and 7 of the Application Form are to be submitted by 16 November 2022 with Parts 3 and 4 of the Application Form and the Licence Fee to be submitted and paid by 20 December 2022. This is to allow the issue of a renewal licence sufficiently in advance of the expiry of current licences on 1 January 2023.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush




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  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    €448m return for the state (subject to the outcome of the high court case)

    19 year licences.

    Three provisionally award 2 x 10 MHz in the 700 MHz band, footnote 4. This exceeds the < 1 GHz spectrum cap by 1block of 2 x 5 MHz. Retention of this block will depend on the high court judgment.



  • Registered Users Posts: 746 ✭✭✭Cork981


    That 60mhz 2.3Ghz block Eir won could be a nice boost to performance.

    I wonder if upgraded eir mast are ready to start broadcasting 2.3ghz already.



  • Registered Users Posts: 1,767 ✭✭✭clohamon



    The coverage obligations attaching to the 700 MHz band award require, among other things, the provision of a 30 megabits per second service to 95% of the population, 90% of motorways, and 80% of primary roads.

    AFAIK this refers to cell edge performance for a single user having access to the entire 700MHz spectrum available in the cell (>150Km sq). Even then the condition won't be mandatory for 7 years, and cannot be measured meaningfully under the current testing regime, and still won't meet the EU 5g target from the Gigabit Communication of 2016.

    Strategic objective for 2025: All urban areas and all major terrestrial transport paths to have uninterrupted 5G coverage.

    (Gigabit Communication - COM/2016/0587)

    The last two paragraphs of ComReg's notice look like an unsubtle attempt to influence the pending judgement.

    The results of this award should prove very good for competition and consumers. The award would significantly increase available spectrum, while facilitating operators in making long-term investment decisions essential for the widespread rollout of 5G services in Ireland. Ireland is currently one of only three EU Member States yet to assign long-term rights of use in the key 700 MHz Band.


    In addition, the award could raise circa €448 million for the State, subject to the determination of the proceedings (see further section 1.3 below).

    Interesting to see the difference in the net cost per block/month as between the temporary licences and these 19 year licences. Alas the CCA auction format makes that nigh impossible, so we'll never know whether the consultants added anything to the net monetary value of the allocation.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    High Court 2021/9/MCA - Listed for Mr Justice O Moore on Mon 19th Dec



  • Registered Users Posts: 1,767 ✭✭✭clohamon


    ComReg ploughing on with the assignment stage, no sign of a written judgement yet.

    Update:


    Post edited by clohamon on


  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    Further orders and appeals.

    I see there was a further appeal lodged with the Court of Appeal on Nov 30th, CoA ref 2022/266. No idea why, maybe against the interim order allowing the auction to proceed? Heard on Fri 9th Dec.

    Friday the 9th December 2022 At 10.30 o'clock


    Commercial Appeals for Directions

    1. 2022 266 Three Ireland (Hutchison) Limited & Anor -v- Commission for Communications Regulation

    In the High Court last Monday, Order made & Adjourned (Chancery Miscellaneous Interim). Notice of Court Motion and Affidavits was submitted Dec 14th. Listed before Mr Justice O Moore in the High Court again on Fri 13th Jan. I wonder if this was a follow on from the CoA hearing on Dec 9th?



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    I assumed at the time the process didn't include the Assignment and Negotiation Phases but looking at the Comreg notice the order just prevents them awarding the licences until the judgment is delivered.

    On 8 November 2022, the Court of Appeal made an order varying the Stay allowing the Main Stage to proceed but preventing ComReg from notifying the Winning Bidders of their entitlement to apply for licences (as provided for in paragraph 3.259 of the Information Memorandum (Document 21/40) (“IM”)) or taking any subsequent steps set out in the IM pending the determination of the substantive proceedings by Mr Justice O’Moore or further order.


    ComReg is now progressing the Main Stage of the Award Process.


    3.259 In the case of Winning Bids, ComReg will notify the Winning Bidders of their Winning Bids and their entitlement to apply for a MBSA2 Preparatory Licence and a MBSA2 Liberalised Use Licence, subject to compliance with certain upfront obligations, as set out in the paragraphs of this subsection below.



  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    And it's over - Three granted leave to withdraw its Appeal and ordered to pay ComReg’s costs

     the substantive challenge to the Decision is now at an end

    Almost 2 years of legal wrangling and delay Three withdraws its appeal and pays Comreg's costs

    On 14 December 2022, ComReg published an Information Notice (Document 22/105), which set out the Main Stage results of the Multi Band Spectrum Award (MBSA2).

    Later that day, ComReg received correspondence from Three indicating that it had filed a motion with the Courts Service seeking leave to discontinue its appeal of the MBSA2 Decision (the “Appeal”) and have the stay granted by the High Court on 21 July 2022 and varied by the Court of Appeal on 8 November 2022 (the “Stay”) lifted. 

    The application was heard in the High Court on Monday 19 December 2022, where an Order was made:

    • granting Three leave to discontinue the Appeal;

    • awarding ComReg its costs against Three; and

    • listing the matter for mention on Friday 13 January 2023 in relation to consequential orders including notice party costs and the costs incurred by ComReg as a result of the Stay. 

    Court of Appeal 2022/266, 30 Nov 2022 - Not sure what this was for


    Court of Appeal 2022/189, 19th & 25th October 2022, Stay variation appeal hearing

    Order variation granted 8th Nov

    As the Stay was varied by the Court of Appeal, an order of that Court will be needed to lift the Stay. However, the substantive challenge to the Decision is now at an end.


    It is anticipated that the Court of Appeal will accede to the application to lift the Stay. As soon as the Stay is lifted by the Court of Appeal, ComReg will complete all the remaining stages of the MBSA2 and proceed to issue licences for long-term (circa 19 years) spectrum rights of use in the 700 MHz, 2.1 GHz 2.3 GHz 2.6 GHz bands.

    For mention in the Court of Appeal tomorrow

    Wednesday the 21st December 2022, At 12.30 o'clock, In Hugh Kennedy Court, Gandon Building

    For Mention

    2022 189 Three Ireland (Hutchison) Limited & Anor -v- Commission for Communications Regulation & Ors


    Post edited by The Cush on


  • Registered Users Posts: 15,500 ✭✭✭✭The Cush


    What happens the sub 1 GHz spectrum cap?

    Three appears to have been awarded the 2 blocks of 700 MHz spectrum, thus exceeding the cap. The auction rules don't appear to have been changed, yet?



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  • Registered Users Posts: 1,767 ✭✭✭clohamon


    Good question. Didn't Three previously give an undertaking to hand back excess sub 1 GHz if they got their 20 MHz of 700 MHz ?



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