Ofcom has published a statement and further consultation on enhancing the Shared Access Licence Framework as part of its wider commitment to “support continued growth in innovative spectrum uses, by improving stakeholders’ access to shared spectrum and providing a platform for the economic and consumer benefits that new wireless services can unlock”.

The statement follows Ofcom’s consultation last year on proposals to increase the use of shared spectrum and its desire to see that, as the Shared Access market continues to evolve, the Framework offers users the “best opportunities to access the spectrum, and the freedom to innovate”.

In response to that consultation, Ofcom has announced a number of steps that it is taking to ‘refine’ its approach to coexistence and sharing between users in order to increase spectrum supply, provide more flexibility to users, and give businesses the opportunity to share spectrum across the UK. In addition, it is consulting on yet further measures that will build upon these changes so as to “offer even more flexibility and new opportunities in the future”.

What Ofcom has decided

The statement sets out a number of steps that Ofcom is taking to increase the availability of spectrum:

1. Updating its coordination approach to improve spectrum supply across the UK

Ofcom is taking steps to improve access both in the 3.8-4.2 GHz band and more generally across all Shared Access bands. In the former case, it is adopting (1) a new approach to coordination, based on the assumption that different Shared Access networks are synchronised, resulting in a significant reduction in the separation distances needed between users; (2) a new approach to adjacent channel coordination with UK Broadband by proceeding with its proposal to limit adjacent band coordination with H3G to the first 5 MHz; and (3) improving spectrum supply for indoor users by adopting a Building Entry Loss of 14 dB for Shared Access coordination in 3.8-4.2 GHz.

More generally, Ofcom plans to expand sharing opportunities by including antenna details in its coordination process and licences. It will create an ‘antenna library’ “covering a range of base station antenna types typically in use, which can be selected by Medium Power Shared Access users”. Moreover, as intimated in its earlier consultation, Ofcom will implement a ‘user-led’ coordination process which would apply where applications do not initially pass its coordination assessment.

2. Liberalising its rules for sharing to support the development of new use cases

The statement sets out that, in order to support more use cases, allow greater flexibility, and encourage growth and innovation, Ofcom has decided to do the following:

• Enable new business cases by lifting the Terminal Registration Requirement (TRR) in Low Power licences in 3.8-4.2 GHz, to the extent that it applies to indoor base stations and any mobile terminals connected to them;
• Provide additional freedom and flexibility by increasing the transmit power limit for Low Power base stations in 3.8-4.2 GHz by 3 dB;
• Provide greater clarity for applicants by limiting our ‘exception’ process to the 3.8- 4.2 GHz and 1800 MHz bands and apply a transparent ‘premises sterilisation test’ to decide if we can grant licences this way;
• Improve spectrum supply by adding 20 MHz of spectrum between 2320-2340 MHz to the Shared Access framework, for Low Power indoor use (sharing with military systems present in the band today).

3. Making more spectrum available by adding 2320-2340 MHz to the framework

Consistent with its initial proposals – and following consultation with the Ministry of Defence (“MOD”) to ensure that its location and defence capabilities remain protected – Ofcom has confirmed that it is possible to make 2320-2340 MHz available for Low Power indoor Shared Access deployments. Licensing of this spectrum for this type of deployment has been provisionally agreed subject to the MOD finalising its due diligence process.

4. Increasing responsiveness and predictability for many Shared Access applications

Ofcom states that it will provide greater clarity for users by applying a simple ‘premises sterilisation test’ which will “streamline decisions for exception requests in 3.8-4.2 GHz and 1800 MHz (to authorise use of Medium Power in urban areas and non-standard antenna heights)”. It also commits to publish new spectrum availability maps to help users make more informed applications, and to continue work to support online applications for Shared Access licences later this year.

What Ofcom is proposing

The statement explains that respondents to the consultation expressed a desire for additional flexibility to offer services beyond what Ofcom had initially proposed. As a result, Ofcom is proposing the following additional measures:

1. Providing users with more freedom to operate at Medium Power in most urban areas (in the 1800 MHz and 3.8-4.2 GHz bands, and at heights up to 10m);
2. Encouraging efficient use through a new price point for Medium Power deployments in urban areas that is twice the price of Low Power; and
3. Enabling new business models by removing the Terminal Registration Requirement for mobile terminals connected to Low Power outdoor base stations in the 3.8-4.2 GHz band.

The closing date for responses to these new proposed measures is 18 September 2024, and the Statement and Consultation can be read in full here.