1. Type of matter

Notification of electronic communications provider(s) and/or service(s)

2. Competent body

Office of the National Media and Infocommunications Authority
Department of Service Registration and Information
Electronic Communications Services Registry Unit

Address: Visegrádi u.106. H-1133 Budapest, Hungary
Mailing address: Pf.: 997. H-1376 Budapest 62.

Customer service: Visegrádi u.106. H-1133 Budapest, Hungary
Telephone: +36 1 468 0673 Fax: +36 1 468 0509

Customer service opening hours:

• Monday-Thursday: 8 a.m. to 4 p.m.
• Friday: 8 a.m. to 1:30 p.m.

3. Jurisdiction

National

4. Documents required for the administration

I. Submission of a notification to the competent body (see point 2) with the information pursuant to Section 76(2) of Act C of 2003 on Electronic Communications (hereinafter: the Electronic Communications Act):

• the name (corporate name), legal status (company form), address (registered office, branch) of the service provider;
• the service provider’s registration number, and/or other official registration or identification codes;
• name (corporate name) of the person in charge of communication with the Authority, contact details (postal address, telephone number, electronic mail address);
• an indication and brief description of the electronic communications services, or the electronic communications network if the notifier operates an electronic communications network; an indication of Union Member States affected by the service;
• planned date of launching the service; and
• the provider’s website address, associated with the operation of the electronic communications networks or the provision of electronic communications services.

 
Providers of electronic communications services shall notify the Authority of the actual time of commencement of the supply of services. The Authority shall strike the service from the register if the electronic communications service provider fails to commence supplying the service at the time indicated in the notification. (Section 76(6) of the Electronic Communications Act)

The Authority shall register the service provider under the class determined according to the description the service provider has supplied according to Paragraph d) of Subsection (2) of Section 76 by the system of classification adopted and published by the Authority for the organization of electronic communications networks and electronic communications services.

The register maintained by the Authority shall be treated as public information and shall be published and made available to the public accordingly. (Section 76(7) of the Electronic Communications Act)

Related document: “Form for the notification of electronic communications provider(s) and/or service(s)”

II. Submission of General Terms and Conditions (hereinafter: the GTC) to the Authority – by the commencement of the electronic communications service

The preparation of the GTC and its submission to the Authority is governed by NMHH Decree No. 22/2020. (XII.21.).

III. Submitting a notification of interface

The operator of an electronic communications network or the service provider is required to notify the authority of the specifications of subscriber and network interfaces used in connection with the performance of electronic communications activities or for the provision of services, and shall make them available to the public. (Section 82(1) of the Electronic Communications Act)

The interface shall be notified before the commencement of services. (Section 82(2) of the Electronic Communications Act)

An administrative form is available through the NMHH Data Gateway, which can be accessed under related content.

5. Administrative Time Limit

The Authority shall enter the service provider, based on the information supplied in the notification, into the register of electronic communications networks and providers of electronic communications services, and shall send a confirmation of registration within seven days from the date of registration. With the confirmation the Authority shall inform the service provider about the circumstances under which the service provider is authorized to install facilities, negotiate interconnection, and obtain access or interconnection as provided for in this Act. The Authority shall issue a certificate - if requested by the service provider in writing - indicating the service provider’s authorization to engage in the activities specified in Subsection (1) of Section 74. (Section 76(3) of the Electronic Communications Act)

The Authority shall refuse to admit an electronic communications service provider if the information supplied in the notification is insufficient for the identification of the service provider or the services it intends to provide, and shall order the service provider to re-submit the notification within eight days. (Section 76(5) of the Electronic Communications Act)

Pursuant to Section 118(3) of Act CL of 2016 on General Public Administration Procedures (hereinafter: the Administrative Procedures Act), an appeal shall be lodged with the authority that has brought the decision within fifteen days following the date of delivery of the decision.

6. Administrative service fee rate and method of payment

Based on the interpretation of Section 2(1) of NMHH Decree No. 5/2011. (X. 6.) the on administrative service fees and the method of payment of fees for certain procedures of the National Media and Infocommunications Authority and Section 29(1) of Act XCIII of 1990 on Duties, a fee shall be paid for the conduct of the regulatory procedure, which shall amount to HUF 3,000 per service in the case of the notification of electronic communications services and HUF 3,000 in the case of an application for the issuance of a certificate.

The administrative service fee must be paid by transfer to the payment account 10032000-00300939-00000017 of the National Media and Infocommunications Authority held with the Hungarian State Treasury prior to the filing of the notification. In the payment reference field of the transfer order, the name of the applicant, their tax number and the subject matter of the procedure must be indicated. If the payer has requested a payer identifier in advance, it is sufficient to indicate the payer identifier in the payment reference field.

Bank account information

Nemzeti Média- és Hírközlési Hatóság
IBAN: HU17100320000030093900000017
SWIFT code: HUSTHUHB

Natural person applicants may also pay the fee by postal money order to the above account number, in which case the subject matter of the procedure must be indicated in the payment reference field.

Proof that the fee has been paid – a daily bank statement showing the debit to the bank account – must be included in the notification. In the case of payment of fees by postal money order by a natural person applicant, proof of payment of the fee – the receipt – must be included in the notification.

Payer identifier can be requested by submitting the payer identifier request form available at https://e-nmhh.nmhh.hu/e-nhh/4/urlapok/esf00126/index.html. The Authority requests that when making a payment, whether by bank or postal transfer, service provider should indicate the generated payer identifier number (format: NMHH-xxxxx-xxxxx-xxxxx-xxxxx) in the payment reference field.

The Authority will terminate the procedure if the client fails to comply with the obligation of advancing procedural costs. (Section 47(1)(d) of the Administrative Procedures Act)

7. Form(s) used for the administration

The “Form for the notification of electronic communications service provider(s) and/or service(s)” can be downloaded from the Related Content window.

8. Relevant legislation

• Act C of 2003 on Electronic Communications
• Act CL of 2016 on General Public Administration Procedures
• Act XCIII of 1990 on Duties
• Act LXXIV of 2007 on the Rules of Broadcasting and Digital Switchover
• NMHH Decree No. 5/2016. (VIII. 16.) on the content requirements and accessibility of technical specifications related to the notification of interfaces
• NMHH Decree No. 5/2011.(X. 6.) on administrative service fees and the method of payment of fees for certain procedures of the National Media and Infocommunications Authority
• NMHH Decree No. 22/2020. (XII.21.) on the detailed rules of electronic communications subscriber contracts

9. The rights and obligations of the client

Rights of the client

The client has the following rights under the Administrative Procedures Act:

• the right of access to documents, right to make copies or extracts,
• the right to make a statement and to submit a motion for evidence,
• the right to legal remedy,
• the right to information,
• the right to use one’s own language,
• the right to the protection of data protected by law.

Obligations of the client

The client has the following obligations under the Administrative Procedures Act:

• the client must act in good faith and must not act in such a way as to deceive the authority or unduly delay decision-making or enforcement.