700 Mhz Spectrum Usage

The Cush · 03-08-2022 8:39am

https://www.boards.ie/discussion/comment/119422348#Comment_119422348

It's listed for Justice McDonald so maybe linked someway with the Court of Appeal hearing a few days later, often difficult to follow how the courts work.

clohamon · 24-08-2022 3:45pm

Brace yourselves.

https://www.comreg.ie/publication/the-potential-issue-of-short-term-spectrum-rights-of-use-in-the-700-mhz-and-2-1-ghz-bands-from-october-2022-proposals-to-mitigate-consumer-disruption

Eir, Three and Vodafone think that the current (€100/qtr) 700MHz Spectrum license regime should continue until Justice O'Moore issues a judgement.

"All temporary or short term rights should be provisioned on the administrative fee basis of the Temporary COVID Licensing framework. Once the long-term award process is concluded all fees should be effective from 15 October 2022 and backdated as appropriate." - Eir

"ComReg has in the past issued temporary licences for various purposes, including under the Test and Trial scheme, and also the 700MHz Covid-19 licences. In these cases, the licence fees are essentially nominal as the licences have a fixed short-term duration. We believe ComReg could apply this approach again in this case." - Three

The simplest way to allocate for this short-period of a few months, taking into account case is to continue allocations on existing conditions and spectrum usage fees for the short period required. - Vodafone

ComReg suggests (tetchily) that Three is not being entirely candid and that Three's approach...

"is simply a construct used by Three to justify little or no fees for the use of an important and valuable spectrum resource and arises only because because of the judgement of Mr Justice McDonald which has necessitated a proposed administratively determined decision focussed on MNO’s solely to avoid any potential for consumer disruption. As Three knows, this situation would not have arisen if ComReg was able to proceed with the long-term assignment process."

ComReg instead proposes another 3 month licence:

700MHz - €0.466 per MHz per capita or €401,000 per 2 x 5MHz per quarter

2100MHz - €0.273 per MHz per capita or €212,000 per 2 x 5MHz per quarter.

As for coverage, ComReg's legendary commitment is as ever.

"Coverage obligations on the 700 MHz band set out in the MBSA2 Decision (which would negatively impact on the value of long-term rights of use) do not apply;"

The Cush · 25-08-2022 1:55am

In the summary Comreg also says

it creates continuing incentives for MNOs to seek to delay MBSA2: this is a rational outcome because it allows MNOs to postpone costly investment decisions while at the same time making significant economic gains without having to compete for this valuable spectrum in an auction or being subject to the risk of new entry;

Three still keeping the lawyers busy

• 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.

• 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.

An initial 3 month temporary licence with the possibility of another up to 3 months if required

ComReg’s preliminary view is that the duration of any short-term licensing framework needs to be for the minimum duration necessary and that an approach where licences could be issued for up to 3 months is appropriate. ComReg will make provision for the possibility for a short renewal of no more than a further 3 months, although this was not considered likely by Mr Justice McDonald in his judgement.

The Cush · 26-08-2022 2:28am

Mobile service providers warn of potentially massive service disruption (irishexaminer.com)

The Cush · 28-08-2022 2:11am

https://www.boards.ie/discussion/comment/119515851#Comment_119515851

ComReg instead proposes another 3 month licence:

700MHz - €0.466 per MHz per capita or €401,000 per 2 x 5MHz per quarter

2100MHz - €0.273 per MHz per capita or €212,000 per 2 x 5MHz per quarter.

A lot more expensive than the licences issued over the last two and a half years, a nominal admin fee of €100/quarter, but small enough change for the MNOs I'd guess

Rough calculation, based on the spectrum licensed since 2021, per quarter -

eir - €802,000; Vodafone €802,000 + €636,000 (3 blocks); Three Ireland €802,000 + €1,272,000 (6 blocks) or €848,000 (4 blocks);

The figures might be different for the 2.1 GHz band as Vodafone's and Three's spectrum rights expire in Oct, a total of 2x15 MHz (3 blocks) and 2x20 MHz (4 blocks) respectively. 2x10 MHz (2 blocks) licensed to Three expired in July. eir's licence runs until 2027 and won't be charged a fee for the 2.1 Ghz band.

The Cush · 28-08-2022 2:43am

@clohamon you used the word tetchy earlier, Three's response made me smile

Three and the commercial value of the licences and the resulting fees & the quantity of spectrum available

From their response

Spectrum Fees

ComReg should adopt pricing principles for the short-term licences that are appropriate and fitting to the purpose and circumstances of those licences. Logically then, the same principle should apply to all spectrum included in the short-term licences, albeit there might be different fees for different bands or quantities of lots. There are a number of different precedents and previous learnings that ComReg could draw on for guidance here:

1. Other temporary licences

ComReg has in the past issued temporary licences for various purposes, including under the Test and Trial scheme, and also the 700MHz Covid-19 licences. In these cases, the licence fees are essentially nominal as the licences have a fixed short-term duration. We believe ComReg could apply this approach again in this case.

2. Administrative cost recovery

Another approach which is in keeping with the current regulatory framework is to simply set fees as appropriate to recover the administrative cost of providing the licences. As no long-term rights are to be awarded here, this could also be an appropriate approach.

3. Opportunity Cost

ComReg has previously attempted to determine interim licence fees on the basis of opportunity cost. This is prone to difficulty and error as it is impossible to determine the opportunity cost accurately or fairly. In the current circumstances, given that the purpose of the licences is to simply provide for continuity of existing services over the short term it is likely that there is no alternative demand for the spectrum beyond existing use. This would mean that the opportunity cost is zero and that ComReg should just apply a nominal or administrative fee.

4. Commercial Value

We note that in paragraph 13 of the information notice ComReg referred to Justice McDonald’s judgment on Three’s stay application as follows: “ spectrum fees, noting that Mr. Justice McDonald in his oral judgement stated that such fees should be commensurate with to [sic] the commercial value of the radio spectrum which is a point with which ComReg agrees and which aligns with the regulatory framework”. This is a surprising misrepresentation of the position expressed by Justice McDonald, all the more so given that that ComReg was party to the proceedings and is in possession of the transcript.

Mr. Justice McDonald did not say that such fees should be commensurate with the commercial value of the radio spectrum, he said “For completeness, it should be noted that ComReg has expressed concern about State aid issues if the licence fee is pegged at the current rate of €100 but that seems to me to be capable of being addressed by imposing a commercial licence fee”. In fact he made no decision and gave no direction regarding the imposition of a licence fee. He merely reflected that ComReg had raised this as a concern but that he did not see as an impediment because it is capable of being addressed easily. He gave no instruction regarding how the fee should be set or on how to determine what is a commercial licence fee.

There is no established commercial value for such short-term licences. If ComReg was to seek a proxy for such value, then the only established reference would be the Spectrum Usage Fee that will apply to this spectrum following the award. This has been consulted on by ComReg previously and could be adopted on a pro-rata basis to the duration of the short-term licences to provide a proxy value for a licence fee. It would not be appropriate to include a component of the Spectrum Access Fee in the short-term licences. This component of the fee from the long-term licences reflects the value to licensees to obtain a 20-year licence. That does not apply in this case as licensees merely get short-term use of the spectrum.

Overall, we note that the purpose of the short-term licences is to provide for continuity of service for the benefit of consumers. The licence fee should not present an impediment to operators obtaining such continuity of spectrum. The licence fee imposed by ComReg for the Interim 2100MHz licences is excessive and has already acted as a barrier to Three extending its use of all 6 lots of 2100MHz spectrum, leaving 2 lots unused. This was pointed out to ComReg during the consultation process and has been acknowledged by ComReg’s own advisor Dr. Dan Maldoom in paragraph 23 a) of his recent report delivered to the court as evidence for Three’s stay application1

. In this Document, Dr. Maldoom states the following:

“a) The price paid for existing 2.1 GHz licences has already been acknowledged to likely be above reasonable estimates of current market value”

Whatever approach to licence fees is adopted, ComReg must ensure that it does not similarly become a barrier to the take-up of those licences. To do so would defeat the whole purpose of short-term licences in the first place.

Quantity of Spectrum

The purpose of the short-term licences is to provide for continuity of the status quo so as to avoid disruption brought about through loss of service. On that basis it would seem logical that they should provide for continuation of the currently licenced spectrum. For Three that means 2 lots of 700MHz and 4 lots of 2100MHz. As explained above, Three has had long standing use of 6 lots of spectrum in the 2100MHz band. We have been able to reduce to 4 lots during the Interim licence period, however this has not been without difficulty and [Confidential]. We have an open view at this time as to whether other bands which are covered by MBSA 2 should be included in the short-term licences. We also note that there are 2 unused lots of spectrum in the 2100MHz band at present. It might be possible to use these free lots during the Interim or short-term licence period to “tidy-up” the assignments or prepare for transition. We recognise that this may be beyond the scope of the main purpose of the short term licences however we are open to considering this if ComReg believes it might be useful or would contribute to the efficient use of this band.

We note in paragraph 13 iii of the consultation document that ComReg seems to have linked Three’s decision to apply for 1 lot of 2100MHz spectrum in the “A” licence to a lifting of Covid-19 restrictions and apparently to the fact that “growth in data has returned to normal and expected data growth, and consequently, capacity constraints previously due to COVID-19 are likely to have abated”. We would point out that this is incorrect and that this is not the reason for Three choosing to continue using 4 lots instead of 6. Three could well have continued to use all 6 lots to its benefit, however the excessive price imposed by ComReg for the Interim Licences forced a reduction to 4 lots. ComReg is well aware of Three’s position on this matter from previous consultations.

3d4life · 28-08-2022 8:41am

Seeing as this thread has overspilled from 700MHz...

How might

https://www.techtimes.com/articles/279685/20220825/spacex-starlink-satellites-to-integrate-t-mobiles-mid-band-pcs-spectrum.htm

be seen from a COMREG point of view ?

Just shrugged off as some US abberation ?

The Cush · 28-08-2022 9:16am

https://www.boards.ie/discussion/comment/119531841#Comment_119531841

Can't see that being a thing here, very low data rate from what I've read, country's a bit small and very well served by mobile networks. Maybe one of the MNOs might team up with starlink or other constellations using their own spectrum allocation.

That being said WRC-23 is looking at spectrum allocations for space to mobile. In ITU Region 1, this part of the world basically, a slice of spectrum in the 2100 MHz duplex gap, 2010-2025 MHz specifically, is being proposed. Different regions are proposing different allocations, no harmonisation for now.

clohamon · 30-08-2022 1:36pm

https://www.boards.ie/discussion/comment/119531624#Comment_119531624

They'll be even more unhappy if they get overruled on the main issues or have to re-consider. That'd be another year of consultations, more temporary licences, reputations burned, their authority gone.

And then there's costs. Just looking at ComReg's payments to its lawyers, Mason Hayes and Curran, which now stand at €1.9M for 2021Q1-2022Q1. A large chunk of it (€1.3M) relates to Q2-2021 - the time of the original hearing. I presume that includes expert witness fees to Dr Maldoom of DotEcon. A further €256K has been paid directly to DotEcon in the same 5 qtr period.

Three have probably paid out something similar in legal costs, and not forgetting the three notice parties.

The Cush · 22-09-2022 3:59am

https://www.boards.ie/discussion/comment/119531608#Comment_119531608

Decision made; initial 3-month licence, Oct 2nd - Jan 1st, followed by a further 3-month licence if required.

Fees as per consultation; 700MHz €401,000 per 2 x 5MHz block, 2100MHz €212,000 per 2 x 5MHz block (pro-rata reduction to €179,739.13 for the initial 3-month licence as the period is less than 3 months, Oct 16th-Jan 1st)

Three Ireland will have a further licence fee to pay to bridge a gap as three of their four 2100 MHz licensed spectrum blocks expire Oct 1st and the new short-term licences commence Oct 16th, €120,508 per 2 × 5 block. They have applied for the extension according to the document. Comreg aligned Three Ireland's expiring licences with Vodafone's licence expiry date of Oct 15th.

As regards the short-term licence fees, what were the MNOs opinion of the fees

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”.

clohamon · 23-09-2022 4:44pm

https://www.boards.ie/discussion/comment/119648875#Comment_119648875

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.

The Cush · 05-10-2022 1:11am

https://www.boards.ie/discussion/comment/119648875#Comment_119648875

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

The Cush · 13-10-2022 1:39am

https://www.boards.ie/discussion/comment/119648875#Comment_119648875

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.

The Cush · 15-10-2022 1:56am

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.

The Cush · 15-10-2022 2:33am

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.

The Cush · 16-10-2022 1:14am

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.

The Cush · 20-10-2022 1:27am

https://www.boards.ie/discussion/comment/119747017#Comment_119747017

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

clohamon · 21-10-2022 6:25pm

https://www.boards.ie/discussion/comment/119747017#Comment_119747017

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

The Cush · 21-10-2022 6:49pm

https://www.boards.ie/discussion/comment/119776350#Comment_119776350

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.

The Cush · 21-10-2022 9:41pm

https://www.boards.ie/discussion/comment/119747017#Comment_119747017

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

scottigael · 25-10-2022 2:12pm

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.

The Cush · 25-10-2022 4:51pm

https://www.boards.ie/discussion/comment/119791286#Comment_119791286

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.

scottigael · 25-10-2022 6:24pm

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.

The Cush · 25-10-2022 7:20pm

https://www.boards.ie/discussion/comment/119792531#Comment_119792531

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.

clohamon · 09-11-2022 11:50am

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.

The Cush · 10-11-2022 10:16am

https://www.boards.ie/discussion/comment/119852601#Comment_119852601

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

clohamon · 10-11-2022 12:36pm

https://www.boards.ie/discussion/comment/119856171#Comment_119856171

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.

The Cush · 10-11-2022 2:17pm

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

The Cush · 30-11-2022 9:47am

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.

The Cush · 14-12-2022 8:13pm

Main stage auction results published by Comreg this evening

https://www.comreg.ie/publication/multi-band-spectrum-award-results-of-main-stage-stage-information-notice

The Cush · 14-12-2022 8:33pm

€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.

Cork981 · 14-12-2022 9:41pm

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.

clohamon · 15-12-2022 12:23pm

https://www.boards.ie/discussion/comment/119997128#Comment_119997128

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.

The Cush · 16-12-2022 3:09am

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

clohamon · 20-12-2022 11:26am

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

Update:

The Cush · 20-12-2022 2:13pm

https://www.boards.ie/discussion/comment/120002096#Comment_120002096

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?

The Cush · 20-12-2022 2:24pm

https://www.boards.ie/discussion/comment/120017291#Comment_120017291

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.

The Cush · 20-12-2022 9:45pm

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.

https://www.boards.ie/discussion/comment/120002096#Comment_120002096

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.

https://www.boards.ie/discussion/comment/120017945#Comment_120017945

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

The Cush · 20-12-2022 9:53pm

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?

clohamon · 21-12-2022 9:28am

https://www.boards.ie/discussion/comment/120019695#Comment_120019695

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 ?

The Cush · 21-12-2022 9:46am

https://www.boards.ie/discussion/comment/120020674#Comment_120020674

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.

The Cush · 11-01-2023 11:14pm

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.

The Cush · 11-01-2023 11:29pm

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.

The Cush · 11-01-2023 11:38pm

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.

The Cush · 13-01-2023 9:24am

https://www.boards.ie/discussion/comment/120096496#Comment_120096496

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.

Cork981 · 24-01-2023 1:11am

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

The Cush · 27-01-2023 2:31am

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.

The Cush · 27-01-2023 2:45am

https://www.boards.ie/discussion/comment/120096618#Comment_120096618

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

Cork981 · 27-01-2023 1:40pm

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.

The Cush · 27-01-2023 6:50pm

https://www.boards.ie/discussion/comment/120164973#Comment_120164973

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.

700 Mhz Spectrum Usage

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