Three's David Dyson is expected to claim Ofcom's proposals for the forthcoming 4G auction will threaten both competition and consumers in the UK.
The operator's CEO is due to deliver an address at a mobile industry event tomorrow in London. Three has remained silent on Ofcom's latest set of proposals for the spectrum auction, with consultation closing last week.
However, it is understood Dyson is concerned about the current proposals, in particular how Ofcom's original plans to safeguard four operators being allocated 4G have been eroded. The Guardian reported Dyson will threaten legal action, although this could only take place after the rules of the auction have been published this summer. Legal action could delay the 4G auction, with the UK already lagging behind the US and Germany. Dyson has previously said the operator could run out of capacity by the end of this year if the auction does not go ahead quickly. However, he will reportedly say its recently launched technology upgrade, which started along the M3 corridor and will be rolled out nationally, will help its capacity issues.
A Three spokesperson told The Guardian: 'You can expect it to address competition and the principles set out by Ofcom in a four-player market for the benefit of consumers.'
Three is the only operator to have stayed silent on the Ofcom proposals for the forthcoming 4G auction. Last week, the three other operators were critical of the proposals, for various reasons. Everything Everywhere said the distribution of lower frequency spectrum needed to be fairer and the rules of the auction more simplified. O2 welcomed the decision to reserve a chunk of spectrum for a fourth operator but was unhappy at plans to allow Everything Everywhere to refarm its 1800MHz spectrum for 4G. Vodafone also criticised Ofcom's decision to provisionally grant permission to refarm spectrum and said there was no case to answer to earmark spectrum for a fourth operator.
Editor: Graeme Neill