• news-banner

    Expert Insights

5G – Where are we and what’s going on?

On the 14th July 2020 the Government announced that all Huawei 5G equipment is to be removed from the UK’s 5G networks by the end of 2027. In May, the 2020 5G spectrum auction was postponed in response to the COVID-19 crisis. The resulting uncertainty has cast doubt over what lies ahead for the transformative network and to what extent the UK will be delayed in reaping the benefits of its installation.

The starting point

The 2016 fiscal budget outlined the Government’s commitment to make particular 5G frequencies (500 MHz from 750 MHz) of public sector spectrum available by 2020. Shortly after the announcement, Ofcom set the rules for the first 5G spectrum auction which took place in April 2018. Although many mobile operators objected to the introduction of a cap on the amount of 5G spectrum any one company can hold, the auction was successfully held and resulted in the distribution of 5G spectrum being split between EE, Three UK, O2 and Vodafone.

EE became the first network to launch commercially accessible 5G in the UK, back in May 2019. It began with coverage in six cities and since expanded at a rate of 100 new sites per month throughout 2019. Naturally, both Vodafone and O2 joined the race shortly after, by opening a combined total of 37 connectivity points across the UK, with Three UK following suit.

28th October 2019 saw the next significant advancement in 5G development, with Ofcom announcing that it will auction new frequencies to boost capacity and coverage of 5G services. The auction is to consist of the 700 MHz band and the 3.6-3.8 GHz band. The former being ideal for boosting both indoor and outdoor coverage across wide areas (such as the countryside) and the latter being the primary band for carrying large data hungry connections in concentrated areas (such as cities).

The 2020 auction

Similarly to the 2018 auction, this year’s auction will involve two stages:

  • 1. Principal stage – Companies first bid for airwaves in separate ‘lots’ to determine how much spectrum each company wins;
  • 2. Assignment stage – A round of bidding to determine the specific frequencies that winning bidders will be allocated.

Ofcom will permit the winners of each lot to negotiate their acquired frequencies among themselves to allow mobile operators the opportunity to create continuous blocks of 5G ready signal. Ofcom have again placed a 37% cap on the overall spectrum that any one mobile company can hold following the auction.

The auction was set to take place in the spring of 2020, proceedings have however been delayed due to the ongoing pandemic restrictions. Ofcom do not expect bidding for this next portion of the 5G spectrum to commence until November 2020 at the earliest.

Whilst the UK has made great strides towards harnessing the 5G revolution, the process itself has not been without criticism. Many network operators have voiced their concerns over possible fragmentation of 5G services which result from the auction procedure and accompanying market share cap. It is said that the resulting inability to provide a unified network experience in the UK may hamper the opportunities presented by 5G services.

Telecoms Security Bill

At present however, network operators are primarily focussed with addressing the logistics required to comply with the government’s recent decision to remove all Huawei infrastructure from 5G networks. The decision follows the conclusion reached by the National Cyber Security Centre that the security of Huawei’s 5G equipment cannot be guaranteed due to the uncertainties in its supply chain. The decision will be formalised by way of a Telecoms Security Bill and is set to be introduced in the autumn of 2020. The Bill will prohibit the purchase of Huawei 5G equipment after 31st December 2020 and require all Huawei equipment to be removed from 5G networks by the end of 2027. These provisions follow and are in addition to the ban announced in January 2020 of Huawei (as a “high-risk” vendor) from sensitive, core parts of 5G.

What’s next?

In light of the Government’s ban on Huawei equipment, coupled with the uncertainty caused by the COVID-19 crisis, many network operators have voiced their concerns over the upcoming spectrum auction and have called for the auction to be replaced by an even distribution of the frequencies for a set price. Their argument is that this would alleviate the financial pressures of the auction process and allow the redirection of any capital saved towards investing in the distribution of 5G. It is worth noting however that a similar request was unsuccessful back in 2018.

Amongst the uncertainty, what remains clear is that 5G represents a transformative force, set to revolutionise every inch of the global economy. What remains to be seen is when and the extent to which the UK will benefit from its deployment.

Our thinking

  • Women in Leadership: Why Am I Doing Everything?

    Events

  • Legal developments set to shape the UK’s Real Estate sector in 2025

    Sarah Morley

    Insights

  • Up in the AI: GenAI and legal education

    Joe Cohen

    Podcasts

  • Charles Russell Speechlys launches 'Up in the AI' podcast series covering GenAI in the legal sector

    Joe Cohen

    News

  • Planning law changes will be a key theme for strategic land and regeneration in 2025

    Suzi Gatward

    Insights

  • What is on the horizon for the Construction and Infrastructure Sector in 2025?

    Michael O'Connor

    Insights

  • 2025 will see a significant legal disruptor to the Living Sector

    Francis Ho

    Insights

  • Justice for the Victims of Britain's Largest Ponzi Scheme?

    Caroline Greenwell

    Quick Reads

  • Food safety, restrictions on unhealthy foods, employee rights and preventing economic crime: Trends to look out for in the Food & Beverage Sector 2025

    Jamie Cartwright

    Insights

  • Employment Law Briefing: Labour’s Employment Rights Bill

    Nick Hurley

    Insights

  • Racheal Muldoon and Hasan Almosoy write for Finextra on the day of the DORA deadline

    Racheal Muldoon

    In the Press

  • Understanding Civil and Criminal Remedies in France for Financial Crimes

    Frédéric Jeannin

    Insights

  • The Property (Digital Assets etc) Bill: A Wider Category of Assets for the Insolvent Estate?

    Cassidy Fan

    Insights

  • Why Man City took ‘Super “Dry”’ off its Training Kit

    Nick White

    Quick Reads

  • Bloomberg quotes Daniel Rosenberg on old M&A deals reportedly making a comeback

    Daniel Rosenberg

    In the Press

  • Private capital; ESG and diversification: Trends in M&A and Investing in the UK Hotels Sector 2025

    James Broadhurst

    Insights

  • Great Estates: What property law developments are expected in 2025?

    Cara Imbrailo

    Insights

  • A critical reassessment of the Modern Slavery Act from the House of Lords

    Kerry Stares

    Insights

  • 2025: A New Era for Office Occupiers?

    Sarah Keens

    Quick Reads

  • Property Patter: What lies ahead for property law in 2025?

    Emma Humphreys

    Podcasts

Back to top