Court orders UKE to repeat 2007 tender

25 Jul 2014

German-backed operator T-Mobile Poland (also known as Polska Telefonia Cyfrowa [PTC]) has revealed that it has received a statement noting Poland’s Supreme Administrative Court decision from 8 May 2014, with the court ruling that the Office of Electronic Communications (UKE) should repeat the tender for 1800MHz frequencies held in 2007, rpkom.pl writes. T-Mobile Poland’s legal director Maciej Rogalski stated: ‘[Of the] Judgment of the Supreme Administrative Court, there can be no doubt. UKE should fully cancel the tender for the frequencies…UKE should repeal the frequencies allocated as a result of [having] incorrectly carried out the tender, and then re-distribute these frequencies in a completely new tender or auction.’ According to TeleGeography’s GlobalComms Database, the tender had been won by Mobyland – which was subsequently taken over by Aero2, part of Polish billionaire Zygmunt Solorz-Zak’s communications empire, along with CenterNet, Polkomtel and Cyfrowy Polsat – but the result was challenged shortly afterwards by T-Mobile, which claimed that the applicants had not been treated equally. The matter has since rattled through the courts, with rulings in favour of Mobyland in June 2011 from a Provincial Administrative Court, and in July 2012 from the Supreme Court.