5G regulation and law in UAE

5G is well-deployed in major urban areas and along main transport routes, but declines 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. 5G penetration rate was assessed as being 19.4% as at June 2022 (TDRA 5G White Paper – see question 3 below).

Available service plans and bundles do not tend to distinguish between 4G and 5G; if the user device supports 5G the user will access 5G connectivity under the terms of the same package as a 4G-only device.

The cost of mobile data in the UAE is generally considered to be high, relative to the global median.

It is hard to comment with certainty on the current industrial uses of 5G, however it is clear that the UAE leadership wishes to further promote industrial use cases and to lead by example with development of 5GtoB use cases. The telecommunications regulator (TDRA) published a White Paper on 5G roles in Industry Digitalisation in the UAE in October 2022. It included sections on the Energy, Manufacturing, Public Services and Transport industries, and set out short-term actions to promote implementation of 5G applications in these verticals. The White Paper states: “Currently, traditional networks, such as optical fibre and WiFi, are dominant in production and operation, while 5G networks are deployed in few enterprises as a connection, highlighting a need for more widespread adoption of 5G technologies”.

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, it suggests that the government should establish a national 5G application monitoring system and platform.

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

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. 

In 2021 both e& and Du were allocated 1 GHz each of millimeter 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. 

Copies of both e&’s and Du’s telecoms licences are available on the TDRA website.

Yes, TDRA publishes a National Frequency Plan. The most recent version 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 Internet of Things services.

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

Before 2006, Etisalat enjoyed a monopoly over the UAE telecoms market. When Du was created that year, this became a duopoly situation with different developments and areas of the country served by one or the other operator (but with Du’s ability to service existing Etisalat customers very limited, 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.

As noted above, there is a network sharing agreement in place between Etisalat and Du and we expect that this agreement will continue to govern these arrangements. 

The UAE public telecoms market is likely to continue as a duopoly for the foreseeable future. 

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

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 has announced the award of a contract to Huawei to build 5G cloud edge applications.