LEGAL BACKGROUND OF FREQUENCY USAGE IN HUNGARY


SPECTRUM MANAGEMENT FOCUS Frequencies can be used for radio broadcasting primarily because of their exclusive economic importance are publicly owned according to the Hungarian Civil COde. Under the Act on Electronic Communication the frequencies are under the management of the state. The two most important objectives of spectrum management are efficiency and the assurance of interference-free usage.

SPECTRUM MANAGEMENT Frequencies can be designated in bands defined in the government decree on the national allocation in bands designated as selectable and reserved bands. Frequencies can be used meeting the requirements laid down in the decree of the minister.

Rules of spcetrum allocation laid down in decree of the government in accordance with international agreements and EU laws. The Government allocation table annexed to the decree determines which bands can be used for civil or common purposes especially for broadcasting, authentic frequency or clock relay, radio navigation and fixed or moving broadascting. The restrictions and the international and national footnotes can be found in the annex of the government decree. The government review the allocation in every three years if necessary the allocation can be revised in shorter period.

The detailed rules on civil usage and civil-non-civil shared usage of bands determined by the minister respnosible for informatics and telecommunication. The annex of the decree defines the Radio Application Table (RAT) that lais down the specific radio frequency bands and the application assigned to the specific bands.

METHODS OF ALLOCATION OF FREQUENCY BANDS The decree defines how the frequency bands shall be allocated. The decree defines three distribution methods: first come first served, tender, auction.

FIRST COME FIRST SERVED As a general rule - where the rules for specific bands not provide otherwise - the applications are processed in the order of arrival in unique licensing procedure.

TENDER AND AUCTION Some of the frequencies are not allocated in the order of arrival but by means of auction or tender. Rules of allocating frquencies by means o tender or auction are laid down in government decree. The government lays down amongst others the decision-making principles, the rules on calling for tender, the contents of the tender documentation of the participation fee, and the rules for call for consultation. The decree layes down special rules for bands can be used for digital radio and television broadcasting, operating digital radio and television broadcasting networks.

Radio stations capable only of recption are exempted from the licensing procedure except mobile and fixed service radio stations.

teh decree lays down the rules for transfer of frequency usage, frequency designation and radio license. The frequencies those usage are subject to licensing procdures the license is granted by the authority. The authority shall make it's decision in open, objective, transparent and non-discriminatory procedure.

ACQUIRING FREQUENCY USAGE LICENSE Frequency usage licenses can acquired in two steps. the steps arefrequency designation and radio license. The radio spectrum and licenses may be given in exceptional cases combined.

FREQUENCY DESIGNATION Frequency assignment is required for installation and operating of radio station. Experimental requency designation is required for test operating of radio equipment not designed for domestic usage or imported radio equipment not exceeding 30 days for operations by the installer.

In some cases, a frequency designation is not required, for example.: specific stations are exempt from licensing requirements, systems used only for certain events planned to operate for less than two weeks.

BLOCK MANAGEMENT Frequency designation can be granted together with block management rights of a frequency in auction and tenders and if the applicant so requests. under the block management license the license holder can freely plan the usage of the frequencis in the block according to the requirements of the license.

RADIO LICENSE For the operating of equipments those' installation is subject to frequency designation radio license is required. Frequency designation is a prerequisity of the radio license. The operations under the license can be restricted by the authority especially for efficiency and interference avoidance purposes.

Framework license may be granted as framework license. the framework license does not contain the technical information on the radio station.

radio license contains tge frequency, channel or frequency band, as well as the nature of frequency usage, the characteristics of transmission and reception, conditions and limitations, the technical characteristics of radio station, radio system with other technical characteristics of the operation and traffic conditions, the amount and payment period of frequency fee.

Radio license's validity can be up to five years. the validity period of license won on auction or tender shall not be longer than the defined period. The licensee is responsible for meeting the requirements laid down in radio license.

SUPERVISION, COMPLIANCE WITH THE REQUIREMENTS The compliance with the requirements laid down in the frequiency designation and radio license are monitored by the authority. Procedure in case of violation of the reuirements is conducted by the authority. Regarding the fine for non-compliance the authority applies primarily the principle of gradualism, taking into account the market impact of the violation, the number of people affected and other criteria.


June, 2008.










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