5G regulation and law in Macau SAR

In June 2022, the Government launched a public tender for the licensing of the operation of fifth-generation public land mobile telecommunications networks and the provision of corresponding land mobile public use telecommunications services in the Macau SAR, publishing the tender regulations by Chief Executive Order no. 27/2022 1 . In November 2022, the Government awarded two operators (out of four possible licenses) with eight-year 5G licenses: 1) Companhia de Telecomunicações de Macau, S.A.R.L. (or CTM) by means of License No. 1/2022 2 , and 2) CHINA TELECOM (MACAU) COMPANY LIMITED (China Telecom), by means of License No. 2/2022 3 . Although the 5G network is available for public use, the government still has not drafted new telecoms laws or regulations to support telecommunications development or urban planning.

According to the five-year plan annexed to its 5G Licence, CTM has committed to a 99% outdoor coverage since 2023 and to a 90% indoor coverage between since 2024.  CT commits to an outdoor coverage of 99% in 2025 increasing to 99.5% by 2027 and indoor coverage of 96%-97% between 2023 and 2027.

In July 2024, CTM launched a 5.5G network upgrade, which is currently available in commercial areas with high concentrations of people – including some of the city’s entry ports.

Range and coverage are not a significant issue in Macau due to its reduced geographical size.

There is no publicly available information on the assignment of frequencies by the PTO (other than the frequencies allocated to the licensed mobile operators).

Both 5G operators, in particular CTM, have been providing services to various industries creating private networks in airport authorities, health services, entry ports and public areas with high concentrations of people.

Radio spectrum is part of the public domain of the Macau Government, and the Regulatory authority (Postal and Telecommunications Office – “PTO”) is responsible for the management of the radio electric spectrum being in charge of the frequency allocation and the definition and supervision of usage conditions.

The Government enacted a new radiocommunications law which regulates the management and use of radio spectrum. The  PTO makes the allocation of frequency bands by assignment to licensees, as necessary for the operation of radio networks and stations.

 In preparation for the launch of 5G services, the PTO confirmed and published the 5G spectrum planning of Macao in 2018, and has included more frequency bands for mobile telecommunications use in 2022, which serve as a basis for operators to follow when arranging 5G spectrum.

Currently, the 3G and 4G networks in Macau mainly use the lower frequency bands between 800 MHz and 2,700 MHz. The low frequency band has wider coverage, but there is less spectrum resource, and the achievable data transmission rate is relatively low. At present, the frequencies that can be used for 5G services in Macao are 703-743 / 758-798 MHz, 3.3-3.4 GHz, 3.4-3.6 GHz, 4.8-4.93 GHz, 24.25-27.5 GHz, 27.5-28.35 GHz, etc., among which 3.3-3.4 GHz, 3.4-3.6 GHz, 4.8-4.93 GHz, 24.25-27.5 GHz and 27.5-28.35 GHz are in the mid and high frequency bands that have more spectrum resource, and the achievable data transmission rate is higher but with less coverage.

The PTO does not provide public information on how it awards frequency bands to operators. There are no public tenders and according to information from the industry, there are no guidelines or established criteria for awarding spectrum licences.

There are no publicly available conditions for the spectrum licence, other than for the different operators to have the relevant licence to operate a telecoms network and related services.

The pricing of mobile services is generally calculated on a per kHz basis. The price list is published and updated from time to time 4 .

There have been no issues reported on the implementation of the 5G projects.  No publicly available decisions or actions have been taken pertaining to non-compliance with 5G licensees’ obligations.

No announcements for future tenders have been issued.

The Government’s priority  is to enact a new convergent Telecommunications Law first and it is expected that with its enactment the licensing regulations will also change.

To date, besides the provisions stated in the aforesaid public tender regulation and in the CTM and CT licences, there are no 5G specific rules enacted or drafted for approval.

In view of there being only two licensed 5G operators, no 5G network or spectrum sharing agreements or regulations are in place.

The public tender regulation held in 2022 for 5G services deployment only admitted companies with previous licences to operate public terrestrial mobile telecommunications networks in Macau.

There are no prospects that there will be competitors in the market (which is small in scale) in the foreseeable future.

The Macau Legislative Council approved a Cybersecurity Law in 2019 5 5 , which aims to prevent threats to computer networks and critical infrastructures essential to Macau, and proposes that companies operating in 12 vital industry sectors enforce protection measures, with mandatory notification mechanisms.

As a Special Administrative Region of the PRC, Macau has made no comments in connection with the use of Chinese technology.

It has been reported that 6G will be commercially available by about 2030 in China. In view of the growing integration of the SARs of Macau and Hong Kong in the Greater Bay Area, it is expected that the introduction of 6G will follow trends in China.

Also, CTM has already upgraded its network to 5.5G (see Question 1)