High Court stay puts Comreg's imminent broadband auction on hold

Three Ireland's case is that a December 2020 decision of Comreg to hold the auction which will assign rights across the four spectrum brands for the next 20 years would put it at a competitive disadvantage.

Comreg opposed Three's stay application and said the award process should proceed to ensure the 5G roll out goes ahead and meets EU targets to make spectrum available throughout the State which will improve performance and coverage, particularly in rural areas.

The High Court has put on hold the start next week of a new auction system for the awarding of spectrum bands for mobile and wireless broadband services.

Mr Justice Denis McDonald, on Thursday, granted a stay to Three Ireland against the communications regulator Comreg's planned auction due to begin on Monday, July 25, and scheduled to run until October.

This system for allocating new rights in the 700 MHz, 2.1 GHz, 2.3 GHz and 2.6 GHz bands, allows providers to bid by way of a “combinatorial clock auction” on generic lots of spectrum rather than individual lots.

The allocation of these blocks of the spectrum are critical to the economic development of the country in 4G and in the rollout of 5G, according to Comreg.

On Wednesday, the judge indicated he was prepared to grant a stay if Three gave an undertaking that if the court later found the stay had caused loss to Comreg, that Three would comply with an order that Comreg be compensated for that loss.

He adjourned the matter to Thursday when Brendan Kennelly SC, for Three, said his client was happy to give that undertaking.

The judge emphasised the stay would be short as it would only be in place until a pending judgment by another judge in relation to a substantive appeal by Three against the Comreg auction system is determined.

Three's main case is in relation to a December 2020 decision of Comreg to hold the auction which will assign rights across the four spectrum brands for the next 20 years.

Comreg opposed Three's stay application and said the award process should proceed to ensure the 5G roll out goes ahead and meets EU targets to make spectrum available throughout the State which will improve performance and coverage, particularly in rural areas.

Three Ireland (Hutchison) Ltd and Three Ireland Services (Hutchison) Ltd, part of the CK Hutchison Holdings, claimed this process would put it at a competitive disadvantage.

Three, in its main appeal, sought an order that the court set aside certain parts of the December 2020 decision on grounds that it made significant error or errors of fact and/or law and/or assessment.

Comreg denied the claims.