PTS is to progress the spectrum auction although Huawei could still appeal the court’s ruling.
The off-on saga of Sweden’s 5G spectrum auction continues. PTS had made it a condition of the licences to be auctioned that Huawei’s equipment could not be deployed in any 5G infrastructure.
It then decided to postpone the auction after Huawei lodged an appeal with the courts against the ban and the court suspended parts of PTS’ conditions subject to further investigation.
PTS said the ban was on the grounds of national security, and concluded that China posed a serious potential threat to Sweden.
Now the Swedish appeals court has said PTS can run the 5G spectrum auction, although Huawei could appeal the decision.
Certainly Huawei made its fury at the PTS’ decision known, issuing threats of retaliation as well as taking the court action.
Previously the auction had been delayed by a security review, and it is to allocate frequencies in the 3.5 GHz and 2.3 GHz bands for 5G which are high capacity.
“The administrative court partly grants the appeal,” the Stockholm Administrative Court of Appeal said in a statement, and this is because, “A delayed 5G expansion thus risks having negative consequences for the Swedish business community by losing competitiveness vis-à-vis the outside world.
PTS said this would enable the auction to proceed and soon.
Huawei has yet to make public comment.