Spectrum Transfer and Lease Framework

ComReg’s Spectrum Transfer and Lease framework has been updated in light of the European Union (Electronic Communications Code) Regulations 2022 (the “EECC Regulations”).

ComReg’s Spectrum Transfer and Lease Framework is set out in:

• Procedures (Document 24/86): The Procedures describe how Undertakings are obliged to notify ComReg of their intention to Transfer or Lease, or both, Individual Rights of Use for radio frequencies, and then sets out the steps that ComReg will undertake to process the Notification.
• Notification Form (Document 24/86a): provides the Notification Form to be used by undertakings to notify ComReg of a proposed Transfer or Lease
• Regulations: (Currently in draft form in Annex 1 of Document 24/85 where ComReg is currently seeking the consent of the Minister of Environment, Climate and Communications) sets out, among other things, the statutory provisions to facilitate ComReg to put in place a Transfer or Lease.

As set out in the [draft] Regulations:

a “Transfer” means: “the assignment by a Licensee (the “Transferor”) of some or all of the Individual Rights of Use for radio frequencies granted under a Licence to another party (the “Transferee”) where the Transferor must divest itself of all rights of use transferred” (Regulation 2 of the [draft] Regulations); and

a “Lease” means: “the assignment by a Licensee (the “Lessor”) of some or all of the Individual Rights of Use for radio frequencies granted under a Licence to another party (the “Lessee”), where the Lessor remains responsible for all the Licence Conditions including the payment of fees and the Lessee is responsible for the Technical Conditions” (Regulation 2 of the [draft] Regulations).

Changes of name of licensees and intra group Transfers / Leases can be provided for using the normal licensing processes by contacting licensing@comreg.ie.

Should interested parties wish to Transfer or Lease individual rights of use for licences that form part of the Transfer and Lease Framework, they should read the Procedures document (Document 24/65) and make initial queries to ComReg by emailing licensing@comreg.ie.

Transfers and Leases processed to date

In accordance with Regulation 33(8) of the EECC Regulations and Sections 2.3.5 & 2.5.2 of the Procedures the table below lists Transfers and Leases issued since the update to the Framework.

Background on updating the Spectrum Transfer and Lease Framework

On 30 July 2024, ComReg published a consultation (Document 24/59) setting out its proposals to update the existing spectrum transfer and lease framework in Ireland in light of the European Union (Electronic Communications Code) Regulations 2022 (the “EECC Regulations”) with:

• Document 24/59a encompassing the proposed procedures, guidelines and
  notification form (the “Proposed Procedures”); and
• Annex 5 of Document 24/59 comprising the draft proposed Wireless
  Telegraphy (“WT”) Act regulations (“Draft Regulations”),

(together the “Proposed Framework”)

On 22 October 2024, ComReg published its response to consultation and final position Document 24/85, on an update to it Spectrum Transfer and Lease Framework in light of the European Union (Electronic Communications Code) Regulations 2022 (the “EECC Regulations”). Alongside the Document 24/85, ComReg published the following:

• Document 24/86 – Final procedures and guidelines to be used by ComReg in considering any proposed transfer or lease.
• Document 24/86a – Notification Form – contains the editable notification form that interested parties must complete and submit to ComReg as part of any proposed transfer or lease of spectrum rights of use for Electronic Communications Networks (“ECNs”) and Services (“ECSs”

3.6 GHz Band Spectrum Lease Licences issued prior to the update of the Transfer and Lease Framework

In support of the provision of services to end users duringhttps://www.comreg.ie/publication/comregs-spectrum-transfer-and-lease-framework-notification-form the Temporary Situation and in light of the implementation of COVID-19 temporary spectrum licensing frameworks in 2020 and 2021, ComReg has encouraged the MNOs to consider taking other supporting actions including the leasing of spectrum rights to other affected operators. For more information on the COVID-19 temporary spectrum licensing frameworks, please see /industry/radio-spectrum/spectrum-awards/covid-19-temporary-spectrum-management-measures/

Following consultation on several notifications received from MNOs and/or Dense Air with respect to the leasing of 3.6 GHz spectrum rights to Imagine, ComReg made Spectrum Lease Determinations on same and subsequently issued several 3.6 GHz band spectrum lease licences to Imagine in 2020, 2021, 2022, and 2023. This enabled the lease of 3.6 GHz band spectrum rights from Eir, Dense Air, Three, and Vodafone at various locations and each for a three-month period as detailed in Table 1 below.

Table 1: Time periods of Imagine’s 3.6 GHz band spectrum leases from the lessors (three MNOs and Dense Air)

[1] As noted on the 3.6 GHz Band Transition webpage of ComReg, on 11 January 2021, Imagine and Three decided not to extend their Spectrum Lease Licence agreement.

The 3.6 GHz Band Spectrum Lease Licences issued to Imagine Communications Ireland Limited to date are as follows:

Lease Licences have also been issued to to Eircom Limited which allowed it to lease 3.6 GHz Band spectrum from each of Dense Air and Vodafone at a single location known as the Black Valley in the Macgillycuddy reeks, County Kerry. The Lease License assisted Eircom Limited with the continuation of services following the expiry of its 3.6 GHz Band Transition Unprotected Licence on the 31 July 2022.

The 3.6 GHz Band Spectrum Lease Licences issued to Eircom Limited to date are as follows: