1. Name of the procedure

Frequency assignment in non-civil procedure

2. Acting body

NMHH Defence and Law Enforcement Frequency Management Directorate (VRFGI/NARFA HU)

Reception of customers only at a pre-booked time (by phone or e-mail).

Booking only on weekdays during working hours.

3. Competence

Nationwide.

4. Competent administrators

5. Required documents

1. an application for frequency assignment;
2. a technical plan;
3. a copy of the conformity certificate of the radio equipment.

6. Guide

Frequency assignment is required for the installation of radio equipment, radio system (radio station, radio communication network, or radio communication system), with the following exceptions.

The frequency assignment procedure can be initiated upon request. The application must be submitted to the authority.

An application for frequency assignment may be submitted by a non-civil frequency user or its authorized representative.

Installation: construction of a radio system, bringing it into a condition suitable for operation for transmitting or receiving radio frequency signals, without operation or experimental operation.

Non-civil frequency user: bodies and organizations specified in Section 2 of 12/2011. (XII. 16.) NMHH Decree.

No frequency assignment is required for a radio system

1. for which the frequency is included in an official frequency list,
2. for which the Office has issued a military frequency list,
3. for which the Office has issued a special ad hoc frequency list,
4. which is installed for experimental purposes,
5. which is operated on the basis of a simplified radio licence,
6. which is established by on-board radio equipment for airways or waterways,
7. which is intended to be operated for shorter than thirty days, or
8. consisting of radio stations with an effective radiated power not exceeding 2 W in accordance with the NFFF.

On-board radio equipment for airways: radio equipment manufactured for use on an aircraft and using a frequency allocated for air traffic and aeronautical radionavigation and for distress, search and rescue.

On-board radio equipment for waterways: radio equipment manufactured for use on a floating installation, using a frequency allocated for waterway traffic and radionavigation and for distress, search and rescue.

If the frequency use is shorter than 30 days, frequency assignment and radio licence may be issued together.

The authority may, at the request of the licensee, issue a conditional frequency assignment if the international frequency coordination has not yet been completed. In this case, in accordance with the result of the coordination – upon its completion – the authority shall not be liable for the modification or revocation of the frequency assignment.

If the applicant wishes to implement user management, the authority shall examine this in the frequency assignment procedure.

User management: the user's planning of the frequencies / frequency bands, the operating area, the use of the radio equipment used, under the conditions specified in the radio licence, and the operation on the basis thereof.

An application for a frequency assignment does not require the submission of a technical plan for a radio system

1. implementing a radio application operated exclusively on a tertiary basis,
2. designed to operate for a period not exceeding three months, or
3. other as defined in 7/2015 (XI. 15.) NMHH Decree on the national frequency allocation and the use of frequency bands.

The application for frequency assignment shall include:

1. the purpose of the frequency use, and the justification from a technical point of view, taking into account the legal requirements for efficient and planned management of the frequencies;
2. the frequency, channel, frequency band to be used, highlighting the preferred needs;
3. the planned timetable for implementation, broken down by year or half-year;
4. the modulation mode, and the class of emission;
5. the technical plan;
6. in the absence of a technical plan, all facts and circumstances justifying the choice of the frequency band, channel or other characteristics of the frequency use;
7. g) a copy of the conformity certificate of the radio equipment.

General content of the technical plan

• a description of the purpose of the radio system,
• possible variants of satisfying the radio communication demand to be supplied and their justification based on calculations, taking into account the requirements of the planned frequency management,
• a description of the system technical structure of the radio system, with traffic and capacity data, the marking of the operating area on a map sketch, in the scale ensuring the identification,
• the required frequency,
• the installation and transmitting characteristics of the radio station and, in case of a mobile or portable station, also the area of operation,
• the results and values of the integration test and the interference analysis,
• data required for international and national coordination,
• technical data and quantity of radio equipment, antennas,
• the registration number and date of the data provision received for the design of the radio system,
• list of national and international regulations and recommendations taken into account in the planning,
• the identification number of the document certifying the design right,
• the date of completion of the plan with the original signature of the designer,
• in case of classified design documentation, the data for the international coordination procedure or other non-classified data designated by the classifier,
• the results and values of tests and calculations for compliance with the requirements of public health legislation.

The period of validity of a frequency assignment shall not exceed three years, which may be extended once by a maximum of one year at the written request of the licensee, submitted at least two months before the expiry of the period of validity of the frequency assignment.

7. Information

The frequency assignment is an official decision authorizing the licensee to install a radio system intended to operate on a frequency allocated for non-civil use. The frequency assignment entitles the licensee to test the radio system with radiation during installation, but a radio licence must be requested for operation.

Installation: construction of a radio system, bringing it into a condition suitable for operation for transmitting or receiving radio frequency signals, without operation or experimental operation.

Operation: the process from installation to final decommissioning, including maintenance, repair, and decommissioning.

Operation: the operation of the radio system and the radio equipment as intended.

The frequency assignment procedure can be initiated upon request. The application must be submitted to the authority.

The applicant may request information from the authority on the initiation of the procedure, in which case the authority shall inform the applicant within eight days of receipt of the request about:

• the registration number of the case, the name and official contact details of the administrator;
• the date of the initiation of the procedure, the administrative deadline, the periods which not included in the administrative deadline, the procedure to be followed in the event of an omission of the authority's procedural obligation;
• the possibility of inspecting documents and making statements.

In the absence of competence power or jurisdiction, the authority shall refer the application to the competent authority without delay and at the latest within eight days of receipt of the application, with the simultaneous notification of the client.

The authority shall reject the application without substantive examination within eight days if:

• the Hungarian authority has no jurisdiction over the procedure;
• the authority has no powers or is not competent and there is no place to refer the application;
• the application is for a manifestly impossible purpose;
• legislation sets a time limit or deadline for the submission of the application and the application is premature or late;
• the authority has already considered the substance of the application and a new application for enforcement of the same right has been submitted with unchanged facts and legislation and there is no place for re-admission, provided that the rejection of the application without a substantive examination is not precluded by law;
• the application clearly does not come from the person entitled to submit it, or
• it can be established from the content of the application that the case is not an official matter.

If the application does not comply with the requirements of 11/2011. (XII. 16.) NMHH Decree, the authority shall, within eight days of receipt of the application, invite the notifier to rectify the deficiencies, indicating an appropriate time limit and warning of the legal consequences of the omission.

A request for rectification may be issued during the procedure even if the application has complied with the requirements of the Decree, but this is necessary in view of new information that has emerged during the clarification of the facts.

The frequency management authority procedure is suspended for the period:

• from the call for rectification to its completion;
• required to complete the technical investigations and international coordination necessary to resolve the case.

The activity of harmonizing non-civil and civil spectrum management aspects is considered as a technical investigation.

When the procedure is suspended, the administrative period is interrupted and resumes when the suspension of the procedure is lifted.

The authority shall terminate the procedure if the notifier has not complied with the request for rectification and has not requested an extension of the time limit for doing so.

The Office shall revoke or amend the frequency assignment ex officio in an official procedure

• if it’s required by law,
• if an amendment to an international commitment promulgated by law so requires,
• if the right to frequency use has expired,
• if the individual licence has been conditionally issued by the Office and during international coordination the frequency use of the radio station is refused by the relevant administration, in accordance with a special agreement or the Radio Regulations,
• on the basis of a final decision of the building authority, if an antenna support structure or antenna subject to a building permit is used without a permit for use,
• on the basis of a final decision of a governmental agency (acting in the field of public health) on a violation of public health requirements,
• if the documents submitted by the applicant during the application or procedure contained incorrect or misleading information.

8. Deadline of the procedure

The deadline of the official procedure related to the right of frequency use is 42 days.

The following are not included in the administrative deadline:

• suspension of proceedings,
• the client's omission or delay,
• international coordination,
• duration of the technical inspection.

9. Customer’s rights and obligations

In official proceedings concerning the right of frequency use, the authority shall decide on the granting of the right of frequency use on the basis of open, objective, transparent and non-discriminatory rules.

The applicant has the right to a fair administration, and a decision made within the time limit specified in the legislation.

The authority shall indemnify for damage caused by illegal proceedings in accordance with the rules of civil code.

The authority shall ensure that the applicant is aware of his/her rights and obligations and shall promote the exercise of client rights.

The authority shall grant the applicant and his/her representative the right of access to the file, subject to the restrictions specified by law, and shall communicate its decision to the data subject.

The licensee may appeal the first instance decision to the President of NMHH.

The appeal may be lodged with the authority in duplicate within fifteen days of the date of notification of the decision. The authority shall submit the appeal with all documents of the case to the President of the NMHH after the expiry of the time limit for appeal.

The President of the NMHH upholds, changes or annuls the decision of the authority acting at first instance.

The filing of an appeal does not have suspensory effect on the enforcement of the decision, the suspension of the enforcement of the decision may be requested from the court.

In official proceedings, the client is obliged to act in good faith.

10. Data management, the customer's data protection right

In its non-civil frequency register, the authority shall register the valid individual licences and their contents per licensee.

The authority's non-civil frequency register is not public.

The authority ensures the protection of secrets protected by law, business secrets and the protection of personal data.

11. The amount of administrative service fees and the method of payment

There is no obligation to pay a fee when requesting the initiation of a procedure for non-civil frequency management.

12. Administrative form(s)

Under construction.

13. Legislation in force

• Act C of 2003 on electronic communications (Eht.)
• Act CLXXXV of 2010 on media services and mass communication
• Act CL of 2016 on General Administrative Procedure
• 2/2017 (I. 17.) NMHH Decree on radio equipment
• 7/2017 (VII. 28.) NMHH Decree on radio equipment in the field of non-civil frequency management
• 11/2011 (XII. 16.) NMHH Decree on certain official procedures for non-civil frequency management
• 12/2011 (XII. 16.) NMHH Decree on the order of non-civil frequency management and on the organizations belonging to the scope of non-civil frequency management