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700 Mhz Spectrum Usage

124

Comments

  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    No, iirc during the consultation Comreg suggested Three surrender 2 x 5 MHz of their 900 MHz spectrum and have it included in the auction for all to bid on, including Three, and have no competition cap as a result. Three rejected this.

    My understanding this morning regarding the cap, as there was no competition for the 700 MHz spectrum, other than the 3 MNOs for equal shares, as each bidder got what they wanted the cap was not applied.

    Because of this I assume Three withdrew their appeal. The other part of the appeal, the auction format, this was already decided by the appeal Court.

    Post edited by The Cush on


  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    Negotiation Phase ends today

    With the completion of the Assignment Round, the Negotiation Phase is now underway (running until 11 January 2023) in which Assignment Bidders have an opportunity to negotiate a reorganisation of the frequency assignments.

    If Assignment Bidders do not submit a request for an alternative configuration of frequency assignments, ComReg will rely on the Provisional Assignment Plan. Following the completion of the Negotiation Phase ComReg intends to issue a further Information Notice with the Final Assignment Plan. 

    The remaining stages of the Award Process are the Notification and Grant Stage and the Transition Phase. 



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    Court of Appeal order

    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.


    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


    In the Court of Appeal 21st December 2022

     i. delivered its judgment in respect of ComReg’s appeal of the Stay ordered by the High Court (and Three’s cross-appeal on certain aspects of same);

    ii. made an Order which lifted the Stay; and

    iii. ordered Three to pay ComReg’s costs relating to both the High Court and Court of Appeal Proceedings. 


    Consequently, there is now no impediment to ComReg completing all the remaining stages of the MBSA2 process and issuing 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 which will now raise circa €448 million for the State. ComReg will proceed to do this expeditiously. 



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    Next is the winding up of the High Court Appeal, listed before Mr Justice O'Moore this Fri, 13th Jan

    https://www.csol.ie/ccms/web/high-court-search/case-details/2021/9/MCA

    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. 



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    MBSA Final Assignment Plan published yesterday, no changes from the Provisional Assignment Plan published a few weeks ago

    https://www.comreg.ie/publication/multi-band-spectrum-award-final-assignment-plan

    ComReg is now commencing the remaining stages of the MBSA2 award, being:

    • the Notification and Grant Stage where, among other things, MBSA2 Liberalised Use Licences will be issued to the Winning Bidders; and

    • the Transition Phase which, among other things, obliges the existing licensees in the 2.1 GHz band (Eir, Three and Vodafone) to make adjustments to their networks (i.e. carry out Transition Activities) to comply with the outcome of the MBSA2 award.



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  • Registered Users Posts: 744 ✭✭✭Cork981


    Does anyone know if Eir will be able to deploy the 2.3GHz TDD on DSS only sites without the 3.6Ghz radio ?



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    First batch of MBSA2 licences issued last week.

    Licences were issued to the winning bidders for the 2300 MHz and 2600 MHz bands. Licences commenced 20 January and will expire on 13 February 2042. 

    Licences for the 700 MHz and 2100 MHz bands continue under the Short-Term ECS framework, these licences expire 1 April next.

    The 2100 MHz band is also subject to a transition phase where the MNOs will have to make adjustments to their frequency assignments to comply with the outcome of the MBSA2 award.

    2100 MHz Transition

    Three Ireland                  current assignment (original assignment)
    MBSA2 Assignment 
    
    1920/2110 MHz                   - vacant -    (Three Ireland originally)
    1925/2115 MHz                   Three Ireland
    1930/2120 MHz                   - vacant -    (Three Ireland originally)
    1935/2125 MHz                   eir
    

    The two vacant blocks were originally assigned to Three Ireland back in 2002 as part of their "A" licence. They opted not to renew two of the three licence blocks of spectrum when the licence expired back in July due to the renewal cost and have remained empty since. First phase of the transition likely to begin here I guess, to clear eir's assigned block?

    Vodafone                       current assignment
    MBSA2 Assignment
    
    1940/2130 MHz                   eir
    1945/2135 MHz                   eir
    1950/2140 MHz                   Vodafone
    1955/2145 MHz                   Vodafone
    


    eir/Meteor      	        current assignment (original assignment)
    MBSA2 Assignment
    
    1960/2150 MHz                    Vodafone
    1965/2155 MHz                    Three Ireland (O2 originally)
    1970/2160 MHz                    Three Ireland (O2 originally)
    1975/2165 MHz                    Three Ireland (O2 originally)
    

    Open to correction on this, but I think eir may also be subject to a liberalisation fee for the remainder of their original 2100 MHz 3G "B" licence spectrum, which expires in 2027. The fee iirc will be based on the value of the 2100 MHz spectrum in the MBSA2 auction and the start date of the new licence.

    Their 2100 MHz spectrum was temporarily liberalised under the Covid 19 and short-term licence regulations.

    Post edited by The Cush on


  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    Not done in the High Court just yet.

    Back before Mr Justice O'Moore again next Thursday 2nd February

    https://www.csol.ie/ccms/web/high-court-search/case-details/2021/9/MCA

    02/02/2023 ADVANCE WARNING LIST / MR JUSTICE O MOORE



  • Registered Users Posts: 744 ✭✭✭Cork981


    Any idea how long it could take operators to deploy 2300 MHz and 2600 MHz bands ?

    Id assume operators have already deployed radios to support these bands when upgrading sites and just need to be switched on.



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    No idea how long it takes but the sooner the better, they have already lost a year of their licences due to Three's court appeal.

    Do the radio units come 2300 and 2600 MHz ready?

    For the first time I think eir and the other two MNOs are operating in different bands.

    Post edited by The Cush on


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  • Registered Users Posts: 744 ✭✭✭Cork981


    I’d be surprised if Huawei SRAN upgraded sites didn’t support 2300mhz.

    The Alphawireless antennas they use support up to 2600mhz so hopefully the 60mhz 2.3ghz will be rapidly deployed to supplement 5G on none NR sites. DSS isn’t much better than 4G.

    https://alphawireless.com/ds/AW3871-E-F.pdf



  • Registered Users Posts: 744 ✭✭✭Cork981


    I had a look at the planning permissions submitted by Eir and the RRU they use support to to 2600mhz. ASI4617

    https://www.scribd.com/doc/312532993/ANT-ASI4517R1-1862-Datasheet



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    Back before Mr Justice O'Moore again next Tuesday 7th February

    07/02/2023 ADVANCE WARNING LIST / MR JUSTICE O MOORE



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    94 page Court of Appeal judgment published last week, following the court hearing of Dec 21st.

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

    The Spectrum Cap

    It is evident from the Decision that ComReg was concerned that the award process might result in “extreme asymmetries" that could damage competition. In particular, ComReg was concerned that Three and Vodafone could engage in “strategic bidding” that might result in eir being denied further 700 MHz spectrum which would undermine eir’s capacity to compete effectively in the mobile market.

    As a result, ComReg decided to impose a spectrum cap of 70 MHz (7 blocks) in the sub-1 GHZ band. That spectrum cap included the MNOs’ existing holdings. Given that Three already holds 50 MHz (5 blocks) of sub-1 GHz spectrum, the effect of that cap was to limit the sub-1 GHZ spectrum that Three could win to 20 MHz or 2 additional blocks, whereas Vodafone and eir would be permitted to win up to 30 MHz or 3 blocks. In fact, the auction rules preclude Three from even bidding for more than 2 blocks of sub-1 GHz spectrum, a point of some importance in its appeal (because of the effect on the price for the remaining blocks of spectrum). I will refer to this spectrum cap as “the Sub-1 GHz spectrum cap”. As I will explain, that cap is challenged by Three


    ComReg also decided to impose an aggregate spectrum cap of 375MHz across the 700 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz, 2.3 GHz, 2.6 GHz and 3.6 GHz Bands. That cap is uncontroversial and I need not say anything more about it.


    In the auction that followed the removal of the stay, the sub-1 GHz spectrum cap was not exceeded

                         Sub-1 GHz      Supra-1 GHz FDD     Supra-1 GHz TDD      Total         3.6 GHz band TDD   
                                                            (excl. 3.6 GHz band)
    
    Three Ireland        70 MHz         180 MHz                                  250 MHz       100 MHz    
    Vodafone             60 MHz         160 MHz             30 MHz               250 MHz       105 MHz
    Meteor/eir           60 MHz          70 MHz             60 MHz               190 MHz        85 MHz
    Imagine                                                 55 MHz                55 MHz        60 MHz
    
    Unsold (2615–2620 MHz TDD)            5 MHz                                    5 MHz
    


    Post edited by The Cush on


  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    Three Ireland's 700 MHz & 2100 MHz MBSA2 licence issued & transition activities

    On 26 January 2023, following a request from Three Ireland (Hutchison) Limited (“Three”), ComReg:

    • amended Three’s MBSA2 Liberalised Use Licence to commence Three’s rights of use in the 700 MHz Band on 26 January 2023; and,
    • amended Three’s Short-Term ECS Licence to foreshorten Three’s rights of use in the 700 MHz band which expired on 25 January 2023.

    On 1 February 2023, following a request from Three Ireland (Hutchison) Limited (“Three”) and to allow for an orderly and timely transition, ComReg:

    • amended Three’s MBSA2 Liberalised Use Licence to commence rights of use in the 2.1 GHz Band:
      • in Blocks A and B from 31 January 2023,
      • in Block C from 14 February 2023; and
      • in Block D subject to completion of transition activities.
    • amended Three’s Short-Term ECS Licence to foreshorten Three’s rights of use in the 2.1 GHz band:
      • in Block B which expired on 30 January 2023;
      • in Blocks J-L which expire on 13 February 2023.

    Transition Activities

    Three Ireland                    Short-Term ECS Licence                  MBSA2 Licence
    2100 MHz MBSA2 Assignment        Expiry                                  Start
    
    A 1920/2110 MHz                  - vacant -                              31 January 2023
    B 1925/2115 MHz                  Three Ireland 30 January 2023           31 January 2023
    C 1930/2120 MHz                  - vacant -                              14 February 2023
    D 1935/2125 MHz                  eir
    


    Vodafone                         Short-Term ECS Licence                  MBSA2 Licence 
    2100 MHz MBSA2 Assignment        Expiry                                  Start
    
    E 1940/2130 MHz                  eir
    F 1945/2135 MHz                  eir
    G 1950/2140 MHz                  Vodafone
    H 1955/2145 MHz                  Vodafone
    


    eir/Meteor      	           Short-Term ECS Licence                MBSA2 Licence Start
    2100 MHz MBSA2 Assignment          Expiry                                Start
    
    I 1960/2150 MHz                    Vodafone
    J 1965/2155 MHz                    Three Ireland 13 February 2023
    K 1970/2160 MHz                    Three Ireland 13 February 2023
    L 1975/2165 MHz                    Three Ireland 13 February 2023
    


    Post edited by The Cush on


  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    Pushed back again to Tuesday 21st February

    21/02/2023 ADVANCE WARNING LIST / MR JUSTICE O MOORE



  • Registered Users Posts: 1,761 ✭✭✭clohamon


    From the judgement

    22. Finally, I should explain that the Decision provides for the imposition on the successful bidders of very onerous network coverage and roll-out obligations (Decision, section 8.4) and quality of service obligations (Decision, section 8.5). Compliance with these obligations will require very substantial investment by the successful bidders, of a scale - so ComReg says - many multiples of the cost of acquiring the spectrum in the first place. Again, that does not appear to be a matter of controversy.


    This is the kind of stuff that goes unchallenged when there's no consumer representation present. The Court doesn't seem to be aware that ComReg's and MNOs interests are aligned in overstating both MNO coverage and investment plans. 



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    The judgment is fairly heavy going, especially towards the end, Will I reread it again, probably not, like Three probably best to put it behind us, nothing to be gained.

    What did Three gain out of the 2 years this went on, nothing positive that I can see except for a large legal bill covering the costs of both sides, and a year less on the licenses. The spectrum cap remained and the auction went ahead in the format per Comreg's Decision

    On costs, I see a lot of changing court dates, probably a lot of argument over what allowed and what's not.



  • Registered Users Posts: 1,761 ✭✭✭clohamon


    Interesting to see if O'Moore has anything new to offer after all this time.

    Having three physical networks in rural areas is still nonsensical. Nonetheless a three-way split by administrative assignment would have almost certainly been accepted by MNOs without the need for an auction. From the judgement it seems even ComReg agreed that there was almost no possibility of a new MNO entrant.

    MVP award goes to Marsden of NERA.

    ...and not forgetting that we consumers will be paying for everything; licences, consultants, lawyers.



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    The case is over, Three withdrew its appeal, no further judgements.

    Order on costs next, looking at the changing dates it's taking a bit of time to finalise.



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  • Registered Users Posts: 1,761 ✭✭✭clohamon


    My understanding is that O'Moore will still deliver a judgement.



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    The substantive appeal judgment, in the High Court, was due to be delivered on Jan 31st, the date has come and gone with no further date listed.

    With Threes's withdrawal of the appeal even the Court of Appeal's reasons for overturning the auction stay, back in early Nov, didn't have to be published if I read the recently published judgment correctly.

    174. On 15 December 2022, when this judgment was at an advanced stage of preparation, the Court was notified of the fact that Three had issued a motion in the High Court seeking leave to discontinue its appeal. The Court was subsequently made aware that, on 19 December 2022, the High Court had made an order permitting the discontinuance of the appeal, with the consent of ComReg. In these circumstances, the order made by this Court on 8 November 2022 must be discharged. Even so, the Court took the view that, having given a decision on ComReg’s appeal on the promise that it would give its reasons later, it should proceed to give those reasons.

    Regarding the Jan 13th High Court listing, Comreg has said

    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.

    There has been three further dates listed with no orders issued so I assume costs and other issues are subject to ongoing discussion. No mention of any further judgments.

    Post edited by The Cush on


  • Registered Users Posts: 1,761 ✭✭✭clohamon


    I could well be wrong on the Judgement but there's listings for 15th and 21st February.



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    I don't see a listing for the 15th Feb this year, but there was one last year.

    The 21st Feb listing appears to be a continuation of the original Jan 13th costs hearing. There were two other dates listed earlier for this month 2/2 and 7/2, they may not have happened because they disappeared off the listing.



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush




  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    Comreg has updated its MBSA2 webpage with the current licensing situation

    Multi Band Spectrum Award 2022 (MBSA2) | Commission for Communications Regulation (comreg.ie)

    Interesting to note Three has a temporary 3 month licence for 2 x 10 MHz of 2300 MHz spectrum, they weren't awarded any spectrum in this band. Part of the 2100 MHz transition I guess as Comreg hasn't published a spectrum lease notification. Expires at the same time as the Short-Term ECS Licences.


    eir's 2100 MHz licence starts March 12th




  • Registered Users Posts: 1,761 ✭✭✭clohamon


    These proceedings have now been struck out. So after all that court time, stays, appeals of stays etc there's nothing to be learned.



  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    I don't think we'd have learned much more than was in the CoA published judgment anyway.

    The winners are the lawyers, consultants and revenue benefitting over the 2 years.

    The loser might be Three Ireland but for its mega parent, costs are probably small change.

    Overall I suppose all 3 MNOs have lost out, with a year less on their licences across various bands.



  • Registered Users Posts: 1,761 ✭✭✭clohamon


    Minister declines to ask ComReg a question about coverage conditions at the 406 specific locations in the MBSA_2.

    Question:

    171. Deputy Robert Troy asked the Minister for the Environment, Climate and Communications if he will request ComReg, while recognising it's statutory independence, to provide further clarity in relation to the licence coverage conditions applying to the specific locations in the multi-band-spectrum-award; if the licences require any coverage within and throughout the buildings at these locations; if so, the timeframe for provision of same at each location; the specific testing regime it might use to assure performance and compliance at, within, or throughout these buildings given the likely number of simultaneous users; and if he will make whatever response ComReg might provide available to the Houses of the Oireachtas and the public. [9414/23]


    Minister for the Environment, Climate and Communications - Eamon Ryan

    I have no role or function in the matter raised in the Question.

    Spectrum management and the oversight of spectrum licensing conditions is a statutory function of the Commission for Communication Regulation (ComReg) in accordance with the Communications Regulation Act, 2002 and the broader telecoms legislative framework, including the Wireless Telegraphy Act, 1926.

    ComReg is statutorily independent in the exercise of its functions in accordance with Section 11 of the Communications Regulation Act, 2002 and is directly accountable for the performance of its functions to Committees of the Oireachtas in accordance with Section 34(2) of the same Act.



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  • Registered Users Posts: 15,476 ✭✭✭✭The Cush


    Had a quick look at the regulation and there is no indoor coverage requirement.

    I would have thought it would be near impossible task to do considering the different variables involved such as building types, construction, distance from masts etc.



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