5G regulation and law in Norway

1. What is the state of 5G deployment in your country?

5G deployment is advanced, with the latest available public data showing that 82% of households were covered as of 30 June 2022. About 46% of households have 5G coverage with download speeds at 100 Mbit/s or more. 5G deployment is rapidly increasing, from just 23% a year earlier, on 30 June 2021. 

Coverage has increased over the last six months, and further expansion is planned for 2023, and we assume that the exact coverage is above 82%. 

There are substantial regional differences. Some regions like Oslo and Viken have over 95% coverage, while some rural regions, especially northern ones, have under 50% coverage. 

2. Are telecoms companies monetising 5G investments - or are the services provided to consumers at similar prices to 4G? 

5G services are rolled out as a natural upgrade without increased costs for customers. 5G services are therefore provided at similar prices to 4G. This applies to both mobile phone plans and mobile broadband subscriptions. 

3. Has 5G been launched for industrial purposes? For which sectors?

Yes. 5G has been launched in sectors including logistics and transportation, energy, health and media production. The two main telecom operators, Telenor and Telia, deliver bespoke 5G services to a variety of industries and companies.   

4. What is being done to ensure that a wide range of operators and industrial companies, from small to large, have access to frequencies?

The Norwegian Communications Authority (Nkom) is responsible for planning, allocation and supervision, and specifies which frequencies may be used for different services. Nkom allocates capacity to operators through auctions for different frequencies. 

Operators that have been allocated bandwidth must offer broadband services to both households and industrial buildings. 

Stadiums have access to 5G frequencies, while airports are still somewhat unclear. In 2022, Nkom conducted tests to research whether 5G could impact altimeters in planes and helicopters. 5G accessibility at other special premises such as hospitals and domestic trains are currently being planned and/or deployed. 

5. What public tenders have awarded spectrum licences? 

 

5.1 What were the criteria for awarding each of the tenders?

Nkom conducts auctions for different frequencies. The last auction was held 27-30 September 2021, and interested bidders were required to register in advance. The auction awarded spectrum licences from 2500 MHz to 2690 MHz and 3400 MHz to 3800 MHz. To ensure multiple companies would win licences, there was an upper limit for 80 MHz and 120 MHz in the two bands. The licences were for a duration of 20 years. Four different companies won parts of the spectrum, but two of the companies have subsequently become part of the same corporate group.

There will be an auction for the spectrum between 3.8 GHz and 4.2 GHz, most likely in the third quarter of 2023. 

5.2 What are the conditions of the spectrum licence? 

There were several conditions. Among them were conditions regarding effect, protection of altimeters and sonar installations, and ensuring access to consumers and industrial sectors. 

The four companies opted into an obligation to further build and develop the network, in exchange for a significant discount.

5.3 What is the price and how is it calculated?

In the latest auction, prices were set based on the highest bidder, with the following results:

2500 - 2690 MHz:

  • Telia paid NOK 289.4m for 60 MHz (2500-2530 MHz and 2620-2650 MHz).
  • Telenor paid NOK 415.9m for 80 MHz (2530-2570 MHz and 2650-2690 MHz).
  • Altibox paid NOK 52.5m for 50 MHz (2570-2620 MHz).
    • This lot was priced lower, presumably due to it being the only time-shared spectrum lot.

3400 - 3800 MHz:

  • Ice paid NOK 554m for 80 MHz (3400-3480 MHz).
  • Altibox paid NOK 780.9m for 100 MHz (3480-3580 MHz).
    • Additionally, Altibox paid NOK 11m to be assigned these specific frequencies in the spectrum.
  • Telenor paid NOK 1.008bn for 120 MHz (3580-3700 MHz).
  • Telia paid NOK 780.9m for 100 MHz (3700-3800 MHz).

The development discount generally amounted to NOK 10m for each 10 MHz spectrum (e.g. Telia was assigned a total of 160 MHz, and received a discount of NOK 160m).

6. Is there a long-term spectrum plan or announcements for future tenders? 

Yes. The process for allocating licences for 3.8 GHz to 4.2 GHz has been announced. Bidders may apply to Nkom through a formalised application procedure.

7. If 5G specific rules are drafted, what do they say?

Currently, there are no 5G specific rules being planned. The EECC is, as mentioned, being implemented in national legislation. 

8. What focused 5G network or spectrum sharing regulation exists?

No issues have been made public so far. 

9. Are 5G network sharing or spectrum sharing agreements in place? 

There are no specific 5G regulations in place. However, the Norwegian Electronic Communications Act (Ekomloven) says that authorities may order providers with significant market power to meet any reasonable request to enter into or amend an agreement on access to electronic communications networks and services.  

The regulator, NKOM, is actively promoting sustainable competition when allocating bandwidth to 5G providers. 

10. What are or will be the rules for granting competitors access to new 5G networks once they are deployed?

Yes. The two largest 5G providers, Telenor and Telia, both share access to their networks with several other companies. 

11. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

The Norwegian Electronic Communications Act (Ekomloven) says that authorities may order providers to meet any reasonable request to enter into or amend an agreement on access to electronic communications networks and services. 

The EECC directive is deemed EEA relevant and will be implemented pending Parliament approval. The eventual implementation of the directive will require a substantial revision of the current legislation. 

12. What comments have been made regarding 5G cyber-security and possible use of Chinese technology, including regulation?

Authorities are on high alert for the risk of foreign, hostile control over 5G networks. Although Nkom has not yet made any substantial comments regarding cyber-security directly connected to 5G, the agency did note in the previous auction, with reference to the Norwegian National Security Act, that persons or undertakings may be refused participation in order to prevent activities representing a significant security risk.

Portrait ofDag Thomas Hansson
Dag Thomas Hansson
Partner
Oslo
Portrait ofStian-Hultin-Oddbjornsen
Stian Hultin Oddbjørnsen
Partner
Oslo
Portrait ofHavard-Henriksen
Håvard Henriksen
Associate
Oslo