The European Commission opened, on Monday 21 September, an in-depth investigation to determine whether the allocation by the Polish authorities of a frequency block for the provision of 4G services to Sferia S.A. (‘Sferia’) is in line with EU State Aid rules.
Sferia is a Polish telecommunications operator.
The Commission received complaints from a number of competing telecoms operators, alleging that, in 2013, the Polish authorities allocated a frequency block from the 800MHz ‘digital dividend band’ to Sferia without a selection procedure, at no additional cost, and without coverage obligations.
According to the complainants, the allocation of mobile radio frequencies to Sferia in 2013 was not in line with EU State Aid rules.
The Commission considers that it is possible that Sferia may have been awarded by the Polish authorities 800 MHz frequencies on more favourable terms than other operators and that, hence, the allocation may have amounted to State aid.
The Commission will also investigate if a possible difference in treatment between Sferia and other operators, if confirmed, was justified and whether the allocation in question may have given Sferia an undue economic advantage vis-à-vis its competitors, in breach of EU State Aid rules. (Original version in French by Lionel Changeur)