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Executive summary

1.1 UK Broadband Limited (‘UK Broadband’) has submitted a request to Ofcom to vary its Wireless Telegraphy Public Fixed Wireless Operator 3.5 GHz^(-1-) licence (‘3.5 GHz licence’) in two ways:

• to allow technology and application neutrality; and
• to increase the permitted power limits.

1.2 This document assesses UK Broadband’s request and in doing so

• provides background information on the 3.5 GHz band and UK Broadband’s licence;
• sets out Ofcom’s statutory and policy framework;
• considers the engineering effects of increased power levels, including the potential for interference to other users; and
• considers UK Broadband’s request in the light of Ofcom’s statutory and other legal duties.

1.3 The main points of Ofcom’s assessment are:

• UK Broadband’s licence does not limit the technologies it may use;
• there appears to be no reason for Ofcom to refuse the variation of UK Broadband’s licence to remove the limitation to fixed applications;
• on power limits, Ofcom’s conclusion is that there appear to be no reasons for it to refuse to increase the maximum in-band power level to +29 dBW/MHz for all stations except mobile terminals, which should have a maximum in-band power limit of -5 dBW/MHz; and
• Ofcom considers that it is not appropriate at this time to consider varying the out of block emission limits in UK Broadband’s licence, because of the current uncertainty regarding equipment standards and the impact ongoing work within CEPT on the WAPECS Mandate could have on the technical regulatory environment for the 3.5 GHz band.

1.4 Ofcom’s initial view is that the variation should be made as soon as practicable, subject to the outcome of this consultation.

1.5 Ofcom wishes to make clear that it has not reached a decision on these matters and is seeking stakeholders’ views on UK Broadband’s request. It will carefully consider any arguments and comments made in response to this consultation before reaching a final decision.

1.6 Ofcom is asking stakeholders to consider the following question when responding to this consultation:

Do you agree that the case for making changes requested by UK Broadband to its licence has been made? If not, why would it not be appropriate to vary UK Broadband’s Wireless Telegraphy Public Fixed Wireless Access Operator Licence by (i) allowing application neutrality and (ii) increasing the permitted maximum in-band EIRP, and why would it not be appropriate to vary the licence as soon as practicable?

Footnotes:

1.- While the original award was called the “3.4GHz Public Fixed Wireless Access Auction”, the majority of the frequency range lies within, or close to, the 3.5 GHz band. To avoid future confusion, Ofcom hereafter refers to this as “the 3.5 GHz band”.

The full document is available below

• UK Broadband application for licence variation [pdf]
  Full Print Version

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