2021 will be a watershed year in electronic communications

What will NMHH control in the year to come?

Published: 21 December 2020

The National Media and Infocommunications Authority will focus on the observance of the new European Electronic Communications Code in its market supervisory plan for 2021.

The new European Union regulation will bring about substantial changes

As of next year, the European Electronic Communications Code that serves as the new framework for European Union regulations – the provisions of which are implemented in domestic law through the Electronic Communications Act and the amendments of the related NMHH Decrees – will fundamentally affect the operation of communications service providers and the Authority’s supervisory efforts. First of all, the range of services covered by the regulations will be significantly extended (this field already includes e-mail and M2M – machine-to-machine – services). Secondly, the names of the service categories will also change; e.g. the previous term of telephone and mobile telephone services will be replaced by number-based interpersonal communications services.

Accordingly, in 2021, the National Media and Infocommunications Authority (NMHH) will closely monitor whether the service providers are prepared for the new regulations and apply them in practice, including fundamental rules on subscriber agreements that have been substantially amended.

Communications service providers can only conclude two-year subscriber agreements for a definite term at the subscriber’s request upon the purchase of a device, in all other cases, the definite term of agreements cannot exceed one year. Subsequent to 2020, the NMHH will continue to control the observance of this measure both in the general terms and conditions (GTC) of service providers and in practice.

In the year to come, the Authority will place special emphasis on the troubleshooting practices of service providers, as the Authority continues to receive many complaints in this regards. In the case of the troubleshooting of mobile, mobile internet and television services, service providers must follow established protocols and, for example, must pay liquidated damages in the case of late fault resolution, yet in light of the requests submitted to the NMHH, they often fail to observe the rules.

Postal services, radio and electrical devices

On the postal services market, amongst other things, the NMHH will control the service providers’ handling of user complaints and the fulfilment of quality requirements in the case of Magyar Posta Zrt., which provides universal postal services, by conducting measurements via trial postal consignments. Similarly to 2020, next year the Authority will continue to devote attention to uncovering companies performing postal services without the Authority’s permit or notification thereof. The National Media and Infocommunications Authority will also control whether the various postal intermediaries – which, for example, compile and deliver the items of a particular company – perform activities that constitute postal services, as this is tied to notification or licensing.

In 2021, the Authority will continue to control manufacturers’ and distributors’ compliance with electromagnetic compatibility in the case of radio equipment and electrical appliances (such as washing machines or microwave ovens). Products available on the market may only include electrical devices that do not cause harmful interference in the operation of various wireless networks and systems. The NMHH will control whether the manufacturers of the devices and the operators involved in their distribution comply with the obligations relevant to them.