The Stockholm Administrative Court has temporarily declared Huawei’s exclusion from the auction of 5G frequencies in Sweden invalid. The decision of the regulatory authority to exclude Chinese suppliers Huawei and ZTE from the auction can be appealed, the court announced in Stockholm on Monday evening. The rules concerning Huawei are not to be applied until further notice because the outcome of the proceedings is uncertain "be considered uncertain" . As a result, the regulatory authority PTS has cancelled at short notice the start of the auction planned for Tuesday.
Auction cancelled at short notice
In October, PTS announced the conditions for awarding a 5G license and explicitly excluded Chinese providers Huawei and ZTE from the 5G rollout. Network operators who would like to receive a usage permit for the auctioned frequencies must therefore refrain from using the Chinese suppliers. In addition, existing Chinese hardware that takes over central functions is to be replaced by 2025. The administrative court has now temporarily annulled these regulations following a complaint by Huawei.
The auction of the 3.5 and 2.3 GHz frequencies was supposed to start on Tuesday. It remains to be seen when the auction can start. It will depend largely on how long the legal battle over award conditions lasts. The administrative court stayed the rules for purposes of preemptive relief, but has not yet ied a decision on the merits of the case. "PTS will continue to analyze the decision of the administrative court and will examine the possibilities of launching the auction as soon as possible," the regulator said Tuesday", the regulatory authority said on Tuesday.