5G regulation and law in Singapore

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

5G is being rolled out in phases, with deployment overseen by the Singapore Infocomm Media Development Authority (IMDA).

5G Standalone Networks: All telcos had achieved at least 50% nationwide outdoor coverage as of the start of 2022, ahead of their end-2022 target.  In July 2022, Singtel Mobile Singapore Pte Ltd (Singtel) announced that it had achieved more than 95% standalone 5G coverage, three years ahead of the regulatory target of end-2025. 

Localised mmWave deployments (5G Hotspots): All existing mobile network operators (MNOs) are allocated mmWave spectrum to deploy localised high-capacity 5G hotspots. With this, M1, StarHub, Singtel, TPG Telecom and mobile virtual network operators are able to offer retail 5G services to end users.

5G Non-Standalone (NSA) Networks: All the mobile network operators (MNOs) with provisional rights to offer Standalone Networks are also offering NSA networks to their customers.

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

Telecom companies are providing 5G access as an add-on for certain post-paid and SIM-only plans. 

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

The Infocomm Media Development Authority of Singapore (“IMDA”) is exploring six strategic clusters to focus on where 5G has the most potential:

  1. Maritime Operations: The IMDA has tasked the Maritime and Port Authority of Singapore (“MPA”) and Port of Singapore Authority (“PSA”) to identify problems and explore 5G applications for the maritime sector such as drones, autonomous vessels, automated guided vehicles and communication.
  2. Urban Mobility: M1 and the Nanyang Technological University of Singapore (NTU) partnered in October 2019 to integrate 5G technology into cellular vehicle-to-everything (C-V2X) research testbeds and trials, to relay real-time traffic navigation and hazard information to users to improve safety. 
  3. Smart Estates: In October 2019, CapitaLand and NavInfo DataTech partnered with TPG Telecom to set up Singapore’s largest 5G smart estate trial at CapitaLand’s Singapore Science Park to develop and testbed 5G enabled C-V2X technologies. The 5G-enabled Smart Urban Co-Innovation Lab launched in October 2020, and trials are ongoing.
  4. Industry 4.0: On 6 May 2020, IMDA announced that it would launch the country’s first 5G Industry 4.0 trial together with IBM, M1 and Samsung. The trials will focus on leveraging IoT and AI capabilities, especially for manufacturing use cases. This is in addition to deploying 5G among SingTel, the Agency for Science, Technology and Research (A*STAR), and JTC Corporation at Advanced Remanufacturing and Technology Centre (ARTC) to develop Industry 4.0 solutions based on 5G technology.
  5. Consumer applications: The IMDA, Razer and Singtel are testing 5G for use in cloud gaming in urban environments, using 5G’s high bandwidth and low latency features.  Razer has now launched a mobile controller that promises console-class gameplay experience for smartphones. 
  6. Government applications: In November 2019, IMDA and Microsoft signed a Memorandum of Intent to create a 5G development environment for participating government agencies, enterprises and technology companies. This initiative includes open testbeds for government and industrial use. The first batch of public sector 5G trials, 5G@Sentosa, began in 2021.

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 IMDA offered grants (which support up to 70% of qualifying costs for approved projects) to encourage enterprises and industries to adopt and implement new 5G applications in live operating environments. The programme will also support solution providers and technology developers commercialising 5G solutions, focusing on:

  1. Domain areas (ie. Robotics & IoT, AI & Data, AR/VR)
  2. Commercialisation and deployment of 5G solutions. The 5G Grant applications closed on 31 May 2020.

There are regular updates and opportunities for support and funding on 5G talent development, 5G testbeds and 5G research and development opportunities and initiatives.

5. What public tenders have awarded spectrum licences? 

Lots awarded as of January 2023 are:

  • ingTel: (i) mmWave Spectrum Right (2020), (ii) 3.5 GHz Spectrum Right (2021), (iii) 2.1 GHz Spectrum Right (2022) 
  • StarHub -M1 JVCo: (i) 3.5 GHz Spectrum Right (2021), (ii) 2.1 GHz Spectrum Right (2022)
  • StarHub: mmWave Spectrum Right (2020)
  • M1: mmWave Spectrum Right (2020)
  • TPG: (i) mmWave Spectrum Right (2020), (ii) 2.1 GHz Spectrum Right (2022)

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

The (i) mmWave and (ii) 3.5 GHz Spectrum Rights were auctioned through the 5G Call for Proposal (CFP).

The CFP applicants had to submit detailed proposals based on the following criteria: network design and resilience (40%), network roll-out and performance (35%), price offered for one lot of 3.5 GHz band (15%) and financial capability (10%). The weight for the criteria reflects their relative importance according to IMDA’s 5G policy outcomes.

For the full networks, operators must exceed a base price of SGD 55m (plus an annual usage fee of SGD 154,000) for 100 MHz in the 3.5 GHz spectrum. They will need their standalone networks to reach at least 50% coverage by 2023. The two selected MNOs will also be required to deploy the 3.5 GHz spectrum band on a standalone basis (not using existing 4G infrastructure) to harness 5G capabilities such as network slicing, ultra-reliable low latency communications, and massive machine type communications.

The mmWave networks will attract an annual fee of SGD 1.23m for 800 MHz in the 26 GHz and 28 GHz bands. The MNOs will be able to deploy the mmWave spectrum on a non-standalone basis, by leveraging their existing 4G infrastructure to deliver localised 5G services focusing mainly on higher broadband speeds.

IMDA will also require deployment of 5G standalone networks over the 3.5 GHz band from the outset. MNOs that wish to deploy non-standalone networks in the 3.5 GHz band, over and above their standalone networks, must seek IMDA’s prior approval. MNOs must ensure that their non-standalone deployments will not compromise IMDA’s policy outcome of achieving two 5G standalone networks and capabilities within the stipulated timeframes. As the roadmap for the mmWave standalone equipment ecosystem is still in its early stages, IMDA will allow MNOs the flexibility to choose standalone or non-standalone deployment for the mmWave band in the interim. MNOs that choose to deploy non-standalone networks must deploy standalone networks within 24 months from when the ecosystem is ready.

In relation to the 2.1 GHz Spectrum Rights, applicants had to submit a Pre-Auction Submission by 27 October 2021 that included details on applicant’s  proposed 5G system and services to be deployed, business and financial proposal, a disclosure list setting out all persons (including individuals and corporations) to whom confidential information has been disclosed or will or may be disclosed by the applicant. The IMDA will then review the Pre-Auction Submissions and announce the bidders that are pre-qualified to participate in the auction.

Such pre-qualified bidders may then submit an initial offer setting out the number of Spectrum Lots (of up to five) that the bidder is submitting for the initial offer, whether it is exercising its First Right of Refusal, and a bank guarantee. 

5.2 What are the conditions of the spectrum licence? 

The conditions of the 3.5 GHz Spectrum Right include:

  • A term of 15 years (from 1 January 2021 to 31 December 2035) which may be extended or further renewed for such period as IMDA thinks fit subject to such terms and conditions as may be specified by IMDA in its absolute discretion;
  • IMDA approval is needed for any change in the ownership, shareholding and management arrangements of the grantee; 
  • The grantee must provide 5G services using all or part of the assigned radio frequency spectrum in accordance with the following based on standalone network architecture: (a) in the case of Singtel, 50% outdoor coverage, and in the case of Starhub-M1 JVCo, 75% outdoor coverage, by end of 2022; and (b) 95% outdoor coverage by, in the case of Singtel, end of 2025, and in the case of Starhub-M1 JVCo, end of 2024, 
  • Spectrum Trading: the grantee shall not assign, transfer, trade, deal with or otherwise dispose of the whole or any part of the rights, privileges, duties and/or obligations under the licence to any person expect with the prior written approval of IMDA and in accordance with the applicable legislation and guidelines including the conditions of the licence; and
  • Spectrum sharing for the purpose of operating a station and/or network may be allowed with the prior written approval of IMDA and subject to such conditions as IMDA may impose and the obtaining of the applicable station (spectrum) licence or network (spectrum) licence.

The conditions of the 2.1 GHz Spectrum Right include:

  • A term of 15 years (from 1 January 2022 to 31 December 2036) which may be extended or further renewed for such period as IMDA thinks fit subject to such terms and conditions as may be specified by IMDA in its absolute discretion;
  • IMDA approval is needed for any change in the ownership, shareholding and management arrangements of the grantee; 
  • The grantee must use all or part of the radio frequency spectrum to augment existing 5G standalone networks, by 31 December 2023; 
  • Spectrum Trading: the grantee shall not assign, transfer, trade, deal with or otherwise dispose of the whole or any part of the rights, privileges, duties and/or obligations under the licence to any person expect with the prior written approval of IMDA and in accordance with the applicable legislation and guidelines including the conditions of the licence; and
  • Spectrum sharing for the purpose of operating a station and/or network may be allowed with the prior written approval of IMDA and subject to such conditions as IMDA may impose and the obtaining of the applicable station (spectrum) licence or network (spectrum) licence

5.3 What is the price and how is it calculated?

SingTel and Starhub-M1 JVCo each had to pay the spectrum clearing price of SGD 55,010,000 for one 100 MHz lot in the 3.5 GHz band. 

Singtel also won the assignment bid of SGD 2,100,128 for its preferred 100 MHz lot.

While there was no spectrum premium for the mmWave spectrum, M1, Singtel and StarHub submitted the winning assignment bids of SGD 250,001, SGD 750,128 and SGD 1 respectively for the 400MHz lots.

The Spectrum Lot Fee for the 2.1 GHz allocations are as follows: (i) SingTel: SGD 46.5m, (ii) StarHub -M1 JVCo: SGD 46.5m, (iii) TPG: SGD 31m.

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

In its decision on Policy for 5G Mobile Networks and Services in Singapore released on 17 October 2019, IMDA had noted the possibility of making available other spectrum bands for 5G in the subsequent tranches through 2025. It remains open to making available more 5G spectrum in subsequent tranches in the near term, and includes re-farming and coordinating with neighbouring countries if demand for 5G use increases.

The 700 MHz band is one of the potential bands to support 5G applications requiring wider coverage and ultra-low latency requirements (eg. vehicle-to-vehicle communications).

The 4.5 GHz band could also help complement 5G coverage in the 3.5 GHz band, which IMDA will consider for use in subsequent tranches. 

The 39 GHz band is available for 5G trials, and IMDA will monitor developments before deciding whether to make this available for 5G services.

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

No 5G-specific rules have been drafted. For the time being, the existing rules will apply to 5G services where applicable. The IMDA intends to impose baseline regulatory requirements to ensure 5G networks are trustworthy and resilient, while providing flexibility in the regulatory framework to enable market growth.  

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

There are no significant issues in the implementation of the 5G projects. 

There have not been any decisions regarding non-compliance with 5G obligations as of yet. 

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

The general regulations under the Telecommunications (Radio-communication) Regulations on spectrum sharing and spectrum trading apply.  

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

Based on public information available, there are no network sharing or spectrum sharing agreements in place yet.

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

Spectrum rights holders must provide 5G wholesale services in accordance with the IMDA’s prescribed framework, including the Framework for the Wholesale of Mobile Services. The framework imposes certain requirements onto spectrum right holders, including: 

  • to negotiate in good faith and use best efforts to complete negotiations within a reasonable period with requesting parties (RPs);
  • not impose unreasonable restrictions on (i) the use of the wholesale inputs by RPs, (ii) the RPs’ retail service offerings; and (iii) the RPs retail prices; 
  • not engage in unreasonable discriminatory traffic management practices in all respects;
  • to negotiate in good faith on wholesale prices, and submit to the intervention by the IMDA if such negotiations continue for at least 90 days. 

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

According to the Minister for Communications and Information, the government has not excluded any company from being a vendor for the nationwide 5G roll-out.

In practice, SingTel has announced that it will work with Ericsson to build its main 5G infrastructure, while Starhub has said it will work with Nokia on the roll-out of 5G Standalone Networks. TPG, which won localised mmWave lots, is working with Huawei.

Singapore has signed several Memoranda of Understanding with China to deepen bilateral economic cooperation and has established or is pursuing other strategic partnership arrangements with Chinese companies for 5G-related trials and testbeds. For example, Huawei launched Singapore's first 5G-powered artificial intelligence lab equipped with AI, 5G and cloud technology in November 2019.

Portrait ofSheena Jacob
Sheena Jacob
Partner
Singapore
Cheng De Ko