Go-ahead for auction after Three legal bid is blocked

COMMUNICATIONS watchdog Ofcom plans to push forward with its mobile airwaves auction after a challenge to its proposals by operator Three was rejected at the Court of Appeal.

Three had previously lost a High Court case over caps on the amount of spectrum any network can hold in December.

Ofcom said: “The Court of Appeal has very firmly rejected Three’s application for permission to appeal on all grounds.

“We welcome this decision, and will now press ahead with releasing these important airwaves.

“This new capacity will allow mobile companies to offer more reliable reception, and to prepare for future 5G services.”

A Three spokesman said: “We are disappointed by the court decision but our decision to appeal was the right one.

“First of all this has not caused any delay to the delivery of 5G services to UK consumers which are not expected to rollout until 2019/20, according to Ofcom.

“But more importantly, our appeal is about competition in the UK mobile market and spectrum distribution is the single biggest factor in maintaining a competitive market.

“The court process has helped provide clarity on whether there is a genuine 37% cap and, thanks to the hearings, Ofcom is now much clearer that a 37% cap is the level they believe is appropriate to maintain competitive balance.

“However, that cap will not be in place until Q2 2020 but it is vital that Ofcom, as a minimum starting point, sticks to this number when additional spectrum is auctioned off.

“We still believe that a 37% cap is too high.”