5G regulation and law in Poland

In October 2023, the Office of Electronic Communication (Urząd Komunikacji Elektronicznej) (UKE) announced the results of an auction for four frequency reservations in the 3.6 GHz band (C-Band). The four competing operators were each allocated a 100 MHz band in the 3400-3800 MHz frequency range.

The following bands were won by:

• Band A (3400-3500 MHz) - Polkomtel (PLUS network operator) for the price of PLN 450m (USD 111m);
• Band B (3500-3600 MHz) - P4 (PLAY network operator) for the price of PLN 487,095m (USD 122.5m);
• Band C (3600-3700 MHz) - Orange for the price of PLN 487,095m (USD 122.5m);
• Band D (3700-3800 MHz) - T-Mobile for the price of PLN 496,837m (USD 124.9m) .

The next step was to issue reservation decisions and radio licences, which took place in December 2023 and early 2024. Subsequently, the operators started to deploy the network in accordance with the conditions set by the UKE in the reservation decisions (for more details on the conditions of the frequency licence, see Q 3.2).

Recent press statements by the President of UKE show that by the end of August 2024, as a result of the conducted 5G C-band auction held in 2023, more than 60% of households in Poland were within 5G mobile internet coverage areas.

In early November 2024, the President of UKE announced the launch of an auction for seven reservations in the 700 and 800 MHz bands. The launch of the auction was preceded by a market consultation to determine, among other things, the value of the blocks on offer. The 700 MHz spectrum is expected to provide greater coverage for advanced mobile networks, including along road and rail routes.

The conditions for participation in the ongoing auction stipulate that operators applying for a reservation must already hold reservations in the 900 MHz, 1800 MHz, 2100 MHz and 2600 MHz bands, as well as reservations in the 3600 MHz band. This means that only the four largest mobile operators – the same ones that won reservations in the 5G auction in 2023 – may participate in the auction. The final starting price for each block is PLN 356m (USD 88m) and each operator will be able to bid for a maximum of two frequency blocks.

Participating operators now have until 27 January 2025 to submit initial bids. Formal evaluation, test auctions, the actual auction and the bidding process will take place in subsequent stages, lasting app. four months. The President of UKE expects reservation decisions to be issued in June 2025.

 Deployment of SA 5G networks has still not occurred in Poland and is not expected before 2026, according to the latest announcements made by the President of Orange. For now, the operator is focusing on expanding coverage by stations that share LTE and 5G.

UKE has been offering so-called 5G private networks in the dedicated 3800-4200 MHz frequency band since September 2023.

Each territorial self-governing unit can apply for 100 MHz of the 3800-3900 MHz band in an area of up to 20 municipalities, while other entities (e.g. entrepreneurs) can apply for resources in the 3900-4200 MHz band. Each entity can apply for multiples of 10 MHz up to a maximum of 100 MHz. The use of the band is based on the radio licenses issued by UKE on a first come, first served basis.

Licenses valid until the end of 2028 have been granted to, among others, three universities (AGH University of Science and Technology, Gdansk University of Technology and Wroclaw University of Technology) and two scientific institutes (Institute of Bioorganic Chemistry of the Polish Academy of Sciences and Institute of Communications - National Research Institute).

As mentioned in Q1 above, one auction for four frequency reservations in the 3.6 GHz band has been completed by the UKE. The second auction for the 5G network, covering reservations in the 700 and 800 MHz bands, was announced in early November 2024 and should be completed by June 2025 (see Q1 for more details).

The list of requirements for entities seeking permission to use 5G bands was (in the case of the first auction) and is (in the case of the second auction) quite extensive. In fact, those requirements determine that only the four largest mobile operators, i.e. Polkomtel, Orange, P4 and T-Mobile, participated. As an example, the auction documentation for the C-Band auction directly stated that the auction participant had to hold a frequency reservation in the 900 MHz and 1800 MHz as well as in 2100 MHz and 2600 MHz. In addition, the participant had to document investment expenditures of at least PLN 1 billion (USD 246m). In the auction for 700-800 MHz bands, the participant must additionally hold a frequency reservation in the 3.6 GHz band (for more details, see Q1).

Obtaining a radio license requires submission of an appropriate application to the President of UKE, payment of an appropriate fee, and fulfilment of the list of obligations, such as:

• For licenses in the C-Band (3.6 GHz): An obligation on each of the winning operators to deploy at least 3,800 base stations on the national territory within 48 months of the reservation decision notification date. At least 400 of these base stations must be in municipalities with a population of 10,000 to 20,000; at least 700 in municipalities with a population of 20,000 to 50,000 and at least 300 in municipalities with a population of 50,000 to 80,000. The coverage and quality requirements imposed by the regulator are also important. Among other things, the documentation stipulates that within 12 months 95% of households in Poland must be covered with a capacity of at least 30 Mbps. Within 60 months, the threshold should reach 99% of households, with a capacity of 95 Mbps and a maximum latency of 10 ms. Each of the reservations granted is valid until 30 November 2038;
• For licenses in the 700-800 MHz bands:  Each of the winning operators must cover 99% of households with required capacity of 140 Mbps and a maximum delay of 10 ms by 28 December 2030. Each of the reservations will be valid until 31 May 2040 .

The asking (starting) prices are set by the President of UKE when the auction is announced and the auction documentation is published. However, pricing is also subject to prior market consultation , in which telecommunications operators also participate. The starting price for each band in the first auction (C-Band) was PLN 450m (USD 110.8m). The final price depended on the offer submitted by the operator (for more details, please see Q1 above). In accordance with the ongoing auction, the starting price for each reservation in the 700 and 800 MHz bands is set at PLN 356m (USD 87.65m) but the final price will also depend on the offers submitted by the participating operators.

 Apart from a delay of more than three years with the first 5G auction (partly due to the Covid-19 pandemic), we are not aware of any issues with the implementation of 5G projects or decisions regarding non-compliance with 5G.

In November 2020 the Council of Ministers adopted an updated version of the National Broadband Plan (Narodowy Plan Szerokopasmowy). The document sets out the government’s most important digital goals for the next five years. By the year 2025, it was planned to have a fully developed 5G connectivity on all major communication routes and in major urban centres in Poland. The National Broadband Plan provided that:

• 3.6 GHz (3600-3800 MHz) bands be distributed by 30 July 2020;
• 700 MHz bands be distributed by 30 July 2022;
• 26 GHz bands be distributed by 31 December 2022.

Unfortunately, none of the above-mentioned targets was fulfilled within the specified deadlines.

Nevertheless, 3.6 GHz bands were already distributed during the first 5G auction at the end of 2023 and distribution of the 700 MHz bands is expected by June 2025.

In the context of distribution of the 26 GHz bands, the President of UKE held market consultations with telecom operators in early 2024 on how the 26 GHz band should be used for 5G networks. As part of the consultation, participating operators indicated, among other things, that the date for the distribution of the 26 GHz band should not be earlier than 2026. The operators' main argument was the lack of availability of the end devices, such as phones and laptops, operating in this band, as well as the minimum availability of equipment on the operators’ side.

One of the priorities identified by the operators during the consultation was the allocation of the 700 MHz band, resulting in the auction for the reservation of seven frequencies announced in November 2024.

The National Broadband Plan is therefore being implemented, but with delays.

The ineffectiveness of the relevant authorities in this area was also identified by the Supreme Chamber of Control (Najwyższa Izba Kontroli; NIK), which published an audit report on implementation of the National Broadband Plan at the end of October 2024. The NIK auditors found that the measures taken by the Minister of Digitalization, the President of UKE and the Director of the Centre for Digital Poland Projects were not sufficiently effective. The auditors made proposals to these bodies, including a prompt update of the National Broadband Plan and a procedural and transparent allocation of frequencies in the 700-800 MHz and 26 GHz bands.

The most important piece of legislation to enable and facilitate construction of infrastructure for the 5G network in Poland was the Act of 30 August 2019 amending the Act on Supporting the Development of Telecommunications Networks and Services amends numerous regulations, including the Telecommunications Act (replaced as of 10 November 2024 by the Electronic Communications Law, which implements the European Electronic Communications Code into Polish legal order), the Construction Act and the Act on Public Roads.

The amendments facilitated construction of telecommunications networks by, among other things, the regulation of issues related to payment for the use of road lanes and facilitation of construction of telecommunications infrastructure in areas such as national parks and health resorts. Also important for implementation of 5G networks in Poland is a change in the body that issues regulations setting radiation limits for electromagnetic fields (PEM limits) (i.e. the Minister of Health instead of the Minister of the Environment).

We are not aware of any 5G network sharing or spectrum sharing agreements in place.

Regarding the C-Band (3,6 GHz) and 700 – 800 MHz bands, frequency dispatchers were and will be selected through the auction process.

The auction is conducted in two main stages.

During Stage I, the commission assesses the initial tenders for compliance with the conditions for participation in the auction and compliance of the submitted initial tenders with the requirements specified in the documentation. Auction participants whose initial bids have met the conditions of participation in the auction and the requirements set out in the documentation are qualified for stage II of the auction.

In Stage II, auction participants submit bids for individual frequency blocks.

As a result of the auction, participants obtain reservations. Allocation of frequency reservations is made by the President of UKE to the selected entities. Frequency reservation decisions and radio permits are issued afterwards.

The latest Draft Law of 18 November 2024 amending the Law on the National Cyber Security System and other laws (Draft Law), which is to implement the NIS 2 Directive into the Polish legal system, introduces, among other things, the institution of a high-risk supplier (vendor), i.e. a supplier of hardware or software that poses a serious threat to state security, defence, security and public order or to the health and life of people. This is an implementation of the EU 5G Toolbox.

The Draft Law establishes an administrative procedure to identify such suppliers. The process is strictly regulated and requires a multi-stage administrative procedure. The decision to identify a high-risk supplier is taken by the Minister of Digitalisation after consulting the Cyber Security College. The College's opinion includes a technical and non-technical assessment, including an analysis of hardware and software vulnerabilities and the impact of the country of origin on the supplier's operations.

If the supplier is identified as high-risk, national cybersecurity system entities (including leading telecommunications operators involved in the development of 5G in Poland) will not be able to use the equipment, software and services of a given supplier, and the equipment used so far must be withdrawn within seven years from publication of the risk assessment notice (four years if the software or hardware is of critical importance).

We are not aware of any such projects regarding 6G in Poland. 5G deployment in Poland is at a relatively early stage, when compared with other EU member states.

The first deployments of 6G networks in Poland are expected not earlier than in 2030.