1. Name of the procedure

Radio licensing (frame) 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;
2. a copy of the conformity certificate of the radio equipment, if previously no frequency assignment has been assigned;
3. a statement of the applicant or contractor that the installation is in accordance with the characteristics included in the frequency assignment and the public health requirements contained in the legislation;
4. in case of use of a structure constructed before 5 April 1998, a statement of the owner, that the construction took place before that date;
5. in case of use of a non-proprietary communications structure, a statement of the owner, that he allows to the use;
6. a measurement report, if it’s required by the authority in the frequency assignment;
7. a technical plan in case of a radio licence which can be issued without a frequency assignment, if the NMHH Decree on the national frequency allocation and the rules of the use of frequency bands (NFFF Decree) requires it for the given band.

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

An application for a frame radio licence may be submitted by a non-civil frequency user with a frequency assignment authorizing it for “user management” or on the basis of an official frequency list, military frequency list or special ad hoc frequency list and who intends to operate a radio system established on-board radio equipment for airways or waterways.

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.

Official frequency list: a frequency assignment plan included in a list, which has been prepared in consultation between the public administration body with the task and competence for the given radio application and the Office, and which is published on the NMHH website.

Military frequency list: a frequency assignment plan included in the inventory, which has been prepared on the basis of an agreement between the state administration body with the task and competence for the given radio application and the Office.

Special ad hoc frequency list: A list of frequencies that may be used by radio systems only in state of emergency, preventive defence situation or unexpected attack and which is designated for this purpose.

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.

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.

An application for a frame radio licence based on a frequency assignment shall include:

1. the frequency, channel, frequency band to be used;
2. the purpose of the operation;
3. the type and quantity of radio equipment;
4. copy of the conformity certificate of the radio equipment, if previously no frequency assignment has been assigned
5. the original registration number and date of the official permit for the electronic communications structure built after 5 April 1998 or the acceptance of the notification of the installation, indicating the authority granting the permit or receiving the notification;
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.

In the application for a frame radio licence, the information referred to in points a) to c) may be provided by the applicant by reference to the relevant provisions of the frequency assignment or by repeating them.

In case of radio equipment placed on the market before 5 April 2002, a copy of the conformity certificate of the radio equipment shall be replaced by a radio licence issued by the non-civil frequency management authority.

An application for a frame radio licence based on a frequency list (without frequency assignment) shall include, in addition to points a) to f):

1. the planned timetable for implementation, broken down by year or half-year;
2. the modulation mode, and the class of emission;
3. the technical plan if the legislation laying down in the rules for using of frequency bands requires it for the given band. 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.

The period of validity of a frame radio licence shall not exceed ten years, which may be extended by the authority at the written request of the licensee, submitted at least two months before the expiry of the period of validity of the radio licence.

The document of compliance referred to in point 5) may be a conformity certificate, or an EU conformity declaration, or a certificate issued by a competent body of NATO or another NATO member authorized to assess the conformity of radio equipment with the essential requirements.

Conformity certificate: a document specified in Annex 1 of 7/2017. (VII. 28.) NMHH Decree.

EU conformity declaration: a document specified in Annex 5 of 2/2017. (I. 17.) NMHH Decree.

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 (frame) is an official decision authorizing the licensee to operate a radio system intended to operate on a frequency allocated for non-civil use in the framework of user management or according to a frequency list and by on-board radio equipment for airways or waterways.

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;
• 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 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.

The Office shall revoke or amend the radio licence 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