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EE applies to trade 2.6 GHz spectrum to Telefonica UK

Ofcom’s consent is required before the spectrum in these bands can be traded

Ofcom has received an application from EE to trade its unpaired 2.6 GHz spectrum (2595-2620 MHz) from its Spectrum Access licence no. 1191194 to Telefonica UK.

The proposed trade is being considered by Ofcom under the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011 (as amended in 2013, 2015 and 2019, “the 2011 Regulations”) and in accordance with Ofcom’s usual spectrum trading processes.  

Under regulation 8, Ofcom’s consent is required before the spectrum in these bands can be traded.  In determining whether or not to consent to a proposed transfer, one of the things that Ofcom takes into account is whether competition is likely to be distorted as a result of the transfer.  

Ofcom says that their iur initial view is that there would be a low risk of competition concerns resulting from this trade.

In relation to this proposed trade, Ofcom has determined that the requirements (under regulation 7(1) of the 2011 Regulations) which concern the description of the parties and details of the proposed trade have been met.  

Ofcom is now inviting interested parties to submit comments by 30 October 2020 detailing any competition concerns they might have about the proposed trade, as set out in the Wireless Telegraphy (Mobile Spectrum Trading) Regulations 2011.