UK regulator Ofcom’s 2.6GHz mobile broadband spectrum auction scheduled for September is under threat of delay following a legal challenge by T-Mobile UK, reports Unstrung. The report states the operator has taken the regulator to court over its decision to go ahead with the auction before it has finalised its policy on spectrum refarming. Unstrung notes that T-Mobile believes it is unable to accurately value the 2.6GHz spectrum until it knows how much, if any, of the 900MHz spectrum it will be allowed to use for 3G services. Last month Ofcom revealed it is to rethink its plan to repurpose certain 2G spectrum for new high-speed 3G services, known as spectrum refarming, after receiving higher than expected interest in the airwaves.

In separate news, the Financial Times (FT) reports that Ofcom is ordering 3 UK to cut the charges it applies to rival operators connecting calls to its network by 45 percent. The regulator says the Hutchison Whampoa-owned operator must make the cuts within three years. This will bring 3 UK’s termination rate from its current average of £0.107 (US$0.21) per minute to £0.059 (US$0.11) by 2011. The ruling was passed after the Competition Appeal Tribunal dismissed an appeal by the operator, which argued that the move would limit its profitability. The FT reports that the tribunal upheld Ofcom’s argument that 3 already enjoys a significant market power and should come within the regulator’s price-controls regime. 3 UK began mobile services in 2003 but has yet to report a pre-tax profit.