1. Name of the procedure

Radio licensing (temporary) 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

An application for radio licence (temporary) for the frequency use related to the non-civil frequency user’s own practice, diplomatic-related task, event, exhibition or demonstration.

6. Guide

A radio system (radio station, radio communication network, radio communication system) may be operated only on the basis of a radio licence.

The short-term use of frequencies related to the non-civil frequency user's own practice, diplomatic-related task, event, as well as exhibition or demonstration can be requested in a simpler way than usual.

The radio licensing procedure can be initiated upon request. The application must be submitted to the authority.

An application for radio licence may be submitted by a non-civil frequency user.

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.

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

The application for radio licence shall include:

a) the time limits for the planned operation, the frequency, channel, frequency band to be used;

b) the purpose of the operation;

c) the type and quantity of radio equipment;

d) the modulation mode, and the class of emission;

e) the installation and transmitting characteristics of the radio station and, in case of a mobile or portable station, the area of operation (may be specified with possibly less data content).

The radio licence is valid for a maximum of 10 days.

The licensee is obliged to ensure compliance with the requirements of the radio licence.

The operator must have one of the following documents to be presented during the on-site official inspection (regulatory control):

• a radio licence;
• a copy or extract of a radio licence;
• certificate of operation, which includes
  • the name and address of the licensee issuing the certificate;
  • the registration number of the certificate;
  • the original registration number of the radio licence, its period of validity, the name of the licensing authority;
  • the name and address of the operator;
  • the type of radio equipment;
  • the permitted operating frequency and channel;
  • the conditions and restrictions of installation, operation, transmitting and, in the case of a mobile or portable radio station, the area of operation;
  • the period of validity of the certificate;
  • the licensee's signature and stamp imprint.
• a document held with the licensee containing at least the following:
  • the original registration number of the radio licence, its period of validity, the name of the licensing authority;
  • the name and address of the operator;
  • the type of radio equipment;
  • the permitted operating frequency and channel;
  • the conditions and restrictions of installation, operation, transmitting and, in the case of a mobile or portable radio station, the area of operation.

7. Information

A radio licence (temporary) is an official decision authorizing the licensee to operate a radio system intended to operate on a specified frequency, for special tasks (own practice, diplomatic-related task, event, exhibition or demonstration) to be solved within a short period of time.

The radio licensing procedure can be initiated upon request. The application must be submitted to the authority.

In the absence of competence power or jurisdiction, the authority shall refer the application to the competent authority without delay, with the simultaneous notification of the client.

The authority shall reject the application without substantive examination 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;
• 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 invite the notifier to rectify the deficiencies out of turn and suspends the procedure.

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.

In the important and justified interests of national security, defence, government, public security or administration, the authority may amend the conditions of the radio licence after consultation or limit them temporarily in time, area or parameters with prior notice to the licensee.

The Office shall revoke or amend the radio licence ex officio in an official procedure if the documents submitted by the applicant during the application or procedure contained incorrect or misleading information.

8. Deadline of the procedure

The authority shall conduct the official procedure related to the right of frequency use out of turn.

The decision (injunction) terminating the proceedings shall be taken by the authority out of turn and shall ensure that the decision is communicated.

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