A legal interpretation says it is lawful for the government to impose 5G infrastructure investment obligations as a condition for reassigning 3G and LTE spectrum.

Lee Hae-min, a lawmaker of the Rebuilding the Country Party on the National Assembly’s Science, ICT, Broadcasting and Communications Committee, said on the 28th that legal advice submitted by the Ministry of Science and ICT supports requiring 5G investment focused on indoor and underserved areas in 3G and LTE spectrum reassignment.

The Ministry of Science and ICT will release its 3G and LTE spectrum reassignment plan next month. According to Lee, the ministry recently received external legal advice stating that spectrum reassignment is a discretionary and beneficial administrative act, allowing conditions and obligations. The opinion says imposing 5G investment requirements as part of the reassignment is a lawful exercise of discretion.

The advisory body said LTE spectrum is essential for securing 5G quality in the 5G non-standalone environment, where domestic operators use LTE frequencies for 5G services. It viewed the 5G investment obligation as consistent with the purpose of securing service quality levels under Article 13 of the Enforcement Decree of the Radio Waves Act.

It also said the government may set investment options linked to reassignment fees. It added that obligations must be proportionate and feasible for operators.

Lee said persistent declines in 5G quality due to weak operator investment leave spectrum reassignment as the only practical policy tool to ease user harm. He said the ministry must include 5G investment obligations in reassignment conditions, such as prioritising improvements in rural areas, high-speed rail and indoor spaces, and setting annual 5G base station installation targets.