Rules concerning dispute resolution procedures
Infringement of a right or legitimate interest in electronic communications may be based on:
- a rule on electronic communications, or a contract concluded under such rule,
- the requirements for wholesale open access imposed on the successful tenderer in a network development tender financed in whole or in part from European Union funds, or a contract based on those requirements, or a network contract under the Electronic Communications Act.
The NMHH decides on such requests within the framework of a so-called dispute resolution procedure, which is similar to a court procedure in several respects: the NMHH examines the dispute between the opposing parties on request, in view of its subject matter, with its decision being binding on both parties. The NMHH acts as a three-member board when conducting such special official procedures.
The presiding board may opt to hold a hearing for any dispute settlement procedure, but will always hold a mandatory hearing in cases concerning the roll-out of a high-speed electronic communications network. The purpose of these hearings is to reach a solution that is acceptable to both parties.
The rules of dispute resolution procedures under Act C of 2003 on Electronic Communications are set out in Annex 1 to the Organisational and Operating Rules of the National Media and Infocommunications Authority.