A radio licence (trial) is an official decision authorizing the licensee to install and operate an experimental radio system on a frequency allocated for non-civil use. The procedure may be initiated at the request of a non-civil frequency user (or contractor) for experimental purposes with an application for a radio licence other than the general one.

1. Name of the procedure

Radio licensing (trial) 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 radio licence (trial);
2. a user certificate (in which the non-civil frequency user entrusts the contractor with the development, manufacture, individual production of the radio equipment) or a statement of the applicant that it has a valid "NATO Supply Suitable" decision.

6. Guide

A radio system (radio station, radio communication network, radio communication system) may be operated for experimental purposes, or developed radio equipment may be tested by radiation, including testing under real conditions, or an EMC test involving radiation may be performed only on the basis of an experimental radio licence.

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

The following are entitled to apply for an experimental radio licence:

1. a non-civil frequency user, if the radio equipment, radio system is operated for experimental purposes or an EMC test (with involving radiation) is performed;
2. a contractor entrusted with the development, production or custom production by a non-civil frequency user, or
3. a contractor with the "NATO Supply Suitable" decision, if the developed, manufactured, custom-made radio equipment is tested by radiation.

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.

For the operation of a radio system, the authority shall issue an experimental radio licence in the following cases:

1. if the operation is for experimental purposes;
2. if the developed, manufactured, individually produced radio equipment or radio system is tested by radiation;
3. to perform EMC tests involving radiation.

In addition to the documents listed in point 5), the application shall include:

1. the frequency, channel, frequency band to be used, highlighting the preferred needs;
2. the modulation mode, and the class of emission;
3. the installation and transmitting characteristics of the radio station and, in case of a mobile or portable station, the area of operation;
4. the purpose of the operation;
5. the type, specifications and quantity of radio equipment and antennas;
6. in case of the use of a cryptographic device subject to a licence, the registration number and date of the licence of the cryptographic security authority.

The period of validity of an experimental radio licence shall not exceed one year, which shall be extended by the authority on request once for a maximum of one year. The cases and conditions of the extension shall be specified by the authority in the experimental radio licence.

The licensee is obliged to ensure compliance with the requirements of the experimental 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 (trial) is an official decision authorizing the licensee to operate an experimental radio system on a frequency allocated for non-civil use.

The radio licensing 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.

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 authority may restrict or refuse the frequency use in order to use the radio spectrum efficiently and properly and to avoid harmful interference or on the basis of public health considerations.

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.

Before the expiry of the deadline, the authority shall revoke the radio licence or change its conditions

• if the authority becomes aware, after the decision on the radio licence has been taken, that the data, documents, statements submitted by the user during the application or procedure contained incorrect or misleading data,
• if the right to frequency use shall terminate in view of the licensee's termination without a legal successor,
• if the operation causes harmful interference to another legally operated radio station,
• if any condition of frequency use changes in a way that does not provide further operation.

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