Overview

The “digital dividend” of electromagnetic spectrum made available as a result of the switchover from analogue to digital television – and suitable for use for 3G and next generation (“4G”) mobile services – has presented a number of challenges to regulators throughout the European Union. In the UK, the Department for Business, Innovation and Skills (BIS) addressed its plans for exploiting the digital dividend and spectrum liberalisation in its June 2009 Digital Britain Report and October 2009 Consultation.

In March 2010, BIS laid before Parliament draft Directions to OFCOM3 (the “draft Directions”) to ensure implementation of its plans consistent with the requirements of the GSM Directive, which the UK must implement by 9 May 2010.

However, the draft Directions failed to gain approval by Parliament prior to its dissolution in advance of the General Election scheduled for 6 May 2010, casting doubt on the UK’s spectrum liberalisation programme.

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