Following information that the European Commission has sent a letter of formal notice concerning the auction of 800 MHz frequency band to Poland, reaching the Office of Electronic Communication, we would like to inform that the President of the Office of Electronic Communications will address the EC's objections in detail after a thorough analysis.
The information that reach the Office suggests that the European Commission requests Poland to observe the concerns as regards the auction for the reservation of frequencies in 800 MHz band carried out in 2014-2015, as well as the concerns referring to the assignment of frequencies in 800 MHz band to Sferia.
The assignment of frequencies in 800 MHz band to Sferia was a result of proceeding launched by the President of UKE in 2013 ex officio, pursuant to Article 123 of the Telecommunication Act, due to the occurrence of harmful interference condition as well as condition relating to the protection of public safety (protection of the developing GSM-R system).
The auction for the reservation of frequencies in 800 MHz band finalised in 2015 was the first such procedure in Poland. For the first time in Poland the auction mechanism was applied to allocate spectrum among the interested operators.
From the outset, the auction was accompanied with discussions concerning the form and the established auction mechanism, as well as the manner of concluding the auction.
Due to the aforesaid, the auction is currently being evaluated by both national courts and the EU institutions.
The President of the Office of Electronic Communications will cooperate with the European Commission to thoroughly examine the case.