5G regulation and law in UAE

5G is well-deployed in major urban areas and along main transport routes, but less so in more rural areas. 

The UAE is estimated to have approximately 7,000 5G base stations, representing seven stations per 10,000 residents.

The two principal network operators (Etisalat by e& and Du) as well as the main VMNO Virgin Mobile offer 5G connectivity. The 5G penetration rate was assessed as being 19.4% as at June 2022 (TDRA 5G White Paper – see question 3 below).

The UAE telecommunications regulator, Telecommunications and Digital Government Regulatory Authority (TDRA),  announced the success of Phase II of the 5G-Advanced trials project, conducted in cooperation with telecom service providers of the UAE. The aim was to unlock the full speed of 5G in the 6 GHz frequency range using the 400 MHz bandwidth. The TDRA says that the UAE is the first country to reach this speed regionally and globally. 1  The significance of the 6Ghz frequency band lies in its ability to support widespread IoT device applications in a smart city context, where the telecommunications network must accommodate thousands of small transmitters and receivers scattered across the city.

Du launched its 5G SA technology in 2023 and has made significant strides in deploying 5G-Advanced (5G-A) technology in the UAE. Du is reported to have already installed hundreds of 5G-A base stations after carrying out 5G-A trials in October 2023, which paved the way for initial commercial launch of the technology in January 2024. Du plans to expand this network nationwide by 2026. It is collaborating with Huawei to enhance 5G-A technology, aiming to support advanced features such as enhanced 5G private networks, in addition to a partnership with Nokia to expand the 5G network in UAE. 2

etisalat by e& also announced commercial deployment and service readiness of 5G SA for mobile users in October 2023, after the successful 5G SA service launch for Fixed Wireless Users (FWA) at the start of 2023, giving consumers access to a nationwide standalone (SA) 5G network 3 .

Customers previously used  using a 5G radio access network on an existing 4G LTE network. Etisalat anticipates the new network will allow mobile users to access higher uplink speeds, improved device battery life, and faster connectivity. Etisalat also states that the network will support low-latency gaming, enhanced AR/VR applications, and improvements to myriad enterprise use cases, especially those that require massive, constant connections. 5G SA deployment is based on Service Based Architecture (SBA) allowing network exposure, slicing, edge computing and orchestration based on the latest 3GPP standard.

Du reports 98.5% 5G population coverage  across the UAE  4 while Etisalat is reported to be at a similar level. It is not clear how much of this coverage is attributable to SA 5G networks. Interactive coverage maps are published online  5  and it is evident that, geographically, virtually all significant population centres and major transport routes throughout the country are covered.

The TDRA has allocated new frequency bands specifically for 5G. This includes frequencies in the millimetre wave range between 24.25 and 27.5 GHz, which were allocated in phases starting from September 2020. This is in line with the UAE Strategy for 5G and Beyond (2020-2025), which includes enabling and achieving long-term social and economic benefits in various areas such as manufacturing, transportation, healthcare, and education.  6

The TDRA published a White Paper on 5G roles in Industry Digitalisation in the UAE in October 2022 (White Paper). The White Paper makes a series of recommendations covering the short and medium term. One of the short-term recommendations is, “Operators must enhance the public coverage of 5G networks in key hospitals, schools, cultural and tourism spots, and industrial campuses”. It is suggested that the government should leverage 5G campus networks to deliver 5GtoB applications and that the government should publish additional data on network construction indicators, quality standards and user penetration rates to encourage operators to make improvements. Over the medium term, it is suggested that Quality of Experience KPIs should be set. It suggests the creation of up to 500 5G campus networks by 2024/2025, and that telecoms operators should work with key industry verticals to develop these campus networks and improve their capabilities. Assurance standards for 5G industrial converged applications should be considered and an appraisal mechanism should be in place.

Longer term, the White Paper suggests that the government should establish a national 5G application monitoring system and platform.

We have seen the major telcos embrace the challenge of strategic vision with the roll-out of SA 5G networks from 2023 onwards.

There are two licensed network operators in the UAE, Etisalat by e& and Du (along with Virgin Mobile, a VMNO.

Of the n78 frequency band, 300 MHz (3300 MHz to 3600 MHz) is allocated to e& and 200 MHz (3600 MHz to 3800 MHz) to Du, while in the n41 frequency band, 100 MHz (2496 M Hz to 2596 MHz) is allocated to Du, and 94 MHz (2596 MHz to 2690 MHz) to e&. 

Both operators have focused their 5G network construction on the n78 and n41 bands, while in the future, 5G network construction will be extended to sub3 GHz frequency bands. 

n 2021 both e& and Du were allocated 1 GHz each of millimetre wave spectrum in 25.527.5 GHz to support eMBB applications.

The TDRA is responsible for making spectrum allocations in response to requests from licensed telecom operators and in line with the strategic spectrum plan for the UAE. The process is not governed via public auctions or tenders. 

In the UAE, spectrum licenses are typically allocated by the TDRA based on requests from licensed telecom operators rather than through public tenders or auctions. The allocation is guided by the National Frequency Plan and the strategic spectrum plan to ensure efficient use of frequencies.

A spectrum license for 5G networks is reserved for licensed telecom providers only. Copies of both e&’s and Du’s telecoms licences are available on the TDRA website:

https://tdra.gov.ae/-/media/About/Licensees---Licenses/Licenses-English/Etisalat-En.ashx

https://tdra.gov.ae/-/media/About/Licensees---Licenses/Licenses-English/EITC_du-En.ashx

Each licence was issued in 2006, and has a term of 20 years. Each of the operators benefits from an automatic right to renew the licence provided that it has complied with the terms of the licence. The renewal term is not specified, so will be determined by the TDRA.

A frequency spectrum authorization can be obtained for other spectrum frequencies through the TDRA website. The TDRA allocates frequencies to all entities, governmental and non-governmental, civil or military, as well as individuals, in accordance with the National Spectrum Plan. This includes temporary authorizations for periods from one day to 90 days. Conditions for this authorization include compliance with specified technical conditions such as radiated power, bandwidth, and the number of wireless equipment items. Use of the spectrum is restricted to the authorized user and for the specified location and purpose. Licenses are valid for a specific period and must be renewed upon expiration and must adhere to all regulatory requirements and guidelines set by the TDRA.

The price for frequency authorizations is calculated based on several factors, including the frequency factor, coverage factor, population factor and bandwidth. 7

There are no specific regulatory or legal instances that we are aware of.

Yes, the TDRA regularly publishes a National Frequency Plan. The most recent is Version 3.0

published in 2020. There is also a five-year Spectrum Outlook for 2020 – 2025.

There are no specific rules for 5G. The TDRA has released regulatory policies for certain types of communication activity, including activities which will rely on 5G connectivity for ongoing development, such as IoT services.

Before 2006, Etisalat enjoyed a monopoly over the UAE telecoms market. The creation of Du that year gave way to  a duopoly situation with different developments and areas of the country served by one or the other operator (but with Du having  very limited ability to service existing Etisalat customers as Du was not able to share Etisalat’s fixed-line network). In 2015, Etisalat, Du and the TDRA agreed a network sharing deal, enabling Du to access Etisalat’s network and fully compete with Etisalat.

There is no specific regulation governing the sharing of 5G networks and spectrum, but TDRA will continue to oversee the arrangements between Etisalat and Du in line with its mandate to support and develop the sector. There are existing regulations requiring that new mobile sites developed by one or other operator must be made accessible to the other and the licence conditions applicable to Etisalat and Du require them to each act fairly and without discrimination  and to “ensure interconnection and interoperability”.

The UAE public telecoms market is likely to continue as a duopoly for the foreseeable future. We are not aware of any plans to grant additional public telecoms licences.

The UAE does not have any official policy against the use of Chinese technology. China is a major commercial partner and is of strategic importance to the UAE. By way of illustration, the UAE worked closely with Sinopharm in relation to development of a COVID-19 vaccine, including allowing testing of the vaccine in Abu Dhabi. Many major Chinese telecommunications and technology companies have significant presence in the UAE.

As such, we expect that network operators will be free to select Chinese technology (subject to normal procurement considerations such as technical capability and price, as well as compatibility) without political or governmental restrictions. It is common for business or government departments to announce significant contracts with Chinese businesses and entities. For example, Du awarded a contract to Huawei to build 5G cloud edge applications.

The TDRA is spearheading research and studies on the advancement of International Mobile Telecommunications technology (IMT-2030), which is the foundation for 6G. The roadmap encompasses the potential for conducting 6G experiments to advance the technology within a comprehensive ecosystem through strategic collaborations with industrial, academic, and governmental sectors. In 2018, the UAE emerged as the fourth country globally to deploy 5G, marking a pioneering technological stride. As 5G continues to evolve and enhance its capabilities, the current strategic plans include ongoing development of the advanced 5G network (5.5G), with a targeted transition to 6G by 2030. 8