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Act C of 2003
*
on electronic communications
The Parliament is the further development of the electronic communications infrastructure of the information society, the reliable,
in order to provide electronic communications services that are secure, of adequate quality and at the lowest possible cost,

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ensuring effective competition in the electronic communications market, regardless of the technology used; and the European Community
the following law on electronic communications in order to comply with its legislation:

FIRST PART
GENERAL PROVISIONS

Chapter I.
SCOPE, OBJECTIVES AND PRINCIPLES OF THE LAW
*
§ 1. (1) The
scope of this Act extends

the) *

electronic communications activities carried out in or for the territory of Hungary, as well as all such

an activity in the exercise of which a radio frequency signal is generated,
(b) to any natural or legal person pursuing an activity or providing a service referred to in point (a) or in connection therewith; or
other organizations without legal personality and their senior officials,
(c) *users, end-users, consumers and subscribers,
*
d) for
a) performing activities or recipients of points or in connection with a domestic or foreign natural or

legal persons or other entities without legal personality and their senior executives,
*
e) 159
/ B-159 / D. § and § 182 (3) for electronic commerce services as well as information

a search and caching service as defined in the Act on Certain Issues of Social Services
(hereinafter collectively referred to as search and caching providers),
f) a *83 / A-83 / B. §, a 93 / A-93 / B. § and 94-95. § with regard to the production of natural gas, electricity, district heating,
transport, distribution or transmission services, public lighting, water utility services and rail, road,
the owner and operator of the physical infrastructure for the provision of shipping, airport and other transport services,
*
g) 99
/ A-99 / C. § and 100 / A. § the person entitled to have the physical infrastructure inside the building,

h) a*participant in the construction process of an electronic communications structure,
(i) *with respect to Section 47, engaged in activities in the electronic communications industry or in other sectors directly related thereto
business organization,
(j) *in the case provided for in Article 61, to a service provider or undertaking established in another Member State.
*
(2) This
Act is necessary for the performance of public tasks specified by law in the case of an electronic communications network which:

physically or logically separate from a public electronic communications network (hereinafter
with regard to electronic communications activities related to such networks are covered by specific legislation applicable to them
shall apply with derogations.

*

*
§ 2 Objectives
and principles of this Act:

the) *

the development of electronic communications infrastructure and electronic communications services, terminals and new

predictable, consistent, transparent competition independent of the technology used, which facilitates the diffusion of technologies; and
establishing rules to promote infrastructure-based competition in areas where possible;
*

b)

the diversity of conditions relating to infrastructure, competition and end-user conditions

a high level of protection of end-users' interests with all actors in the electronic communications market
in their relationships, in particular to ensure that end-users, and in particular consumers,
(ba) access and use ultra-high capacity networks and have
communications services necessary to access, subject to
electronic means of communication and to disseminate them,
media content and use the applications and services of their choice,
(bb) be free to choose between electronic communications networks, electronic communications providers or services, and
decide which network, service provider or service they want to use,
(bc) establish contact with other end-users by electronic means, whether they are in the same or different
have a contractual relationship with a service provider,
bd) be free to choose between the service providers and services they use, regardless of the service provider,
(be) electronic communications services are made available to the public under defined and fair conditions and are affordable;
at the same price, in the highest quality,
(bf) reliable, transparent and up-to-date information on the characteristics of the services and the conditions for using them
get
(bg) enjoy a high level of protection for the simple and expeditious settlement of their disputes with service providers;
*
(c) high
quality and efficient electronic communications services defined for the benefit of society as a whole

in particular through the professional and efficient use of radio spectrum for high-speed broadband wireless electronics
ensuring access to telecommunications services in the country;
*
(d) consumers
and specific social groups in the same geographical area, in particular people with disabilities

increased consideration of the needs of individuals, the elderly and socially deprived users, in particular
to provide terminal equipment to facilitate access to electronic communications services for such persons, and
to provide end-users with adequate choice and equivalent access;
*
(e) barriers
to competition that distort or restrict competition in converging electronic communications markets, including the transmission of content;

in particular the removal of barriers specific to or occurring in different geographical areas and effective competition
harmonized conditions, common and long-term, predictable regulatory approaches
through its application;
(f) the freedom, rights, obligations, equal opportunities, advocacy and market access of market participants;
creating a legal and economic environment that ensures the stepping stone of the market, in particular the influence of those with significant market power
to the extent necessary to establish and maintain market competition, and to ensure that the market
participants shall conduct their business in accordance with the requirements of business integrity, respecting the interests of competitors;
*
(g) the
smooth and efficient functioning of the electronic communications market and the

and the protection of users' interests in cooperation with other relevant sectors, as well as fair and effective market competition
and the promotion of effective investment and innovation are risks borne by investors
in setting access obligations, while ensuring that market competition is maintained and
the principle of non-discrimination;
*
(h) procedures
and services for the application of the principle of equal treatment in converging electronic communications markets, in particular:

end-users on the basis of their Member State of nationality, residence or
Ensuring that discriminatory discrimination is avoided in organizations and individuals engaged in electronic communications activities
by monitoring its compliance with the law;
i) facilitating or implementing data protection related to electronic communications;
(j) enforcement of environmental requirements in the context of electronic communications;
(k) to promote the transmission of cultural, scientific and social values ​through broadcasting as electronic communications
through appropriate regulation of the service, in particular ensuring the availability of public service radio and television programs,
and the definition of basic public service tasks related to the quality and continuous availability of these services;
(l) *maintaining the integrity and security of public electronic communications networks and services;
*
(m) efficient
and professional management of radio spectrum and identifiers, ensuring that any

technology of an internationally available type can be used within the legal framework; the most appropriate and as small as possible
the application of an efficient burden-sharing licensing system, including flexible and, where appropriate, shared spectrum use
also allows usability and alternative use to be taken into account when setting radio spectrum charges;
*
n) the
radio spectrum is efficient, professional, free from harmful interference with the latest technical solutions and technologies

promoting its use;
*
o) the
free movement of electronic communications services in accordance with Hungary's international treaties

and fulfill Hungary’s international obligations, including the provision of cross-border services
harmonized use of harmonized radio spectrum in such a way that
ensure the use of a given harmonized radio spectrum in neighboring EU Member States in accordance with EU law;
*
p) the
integration of the Hungarian electronic communications markets into the unifying electronic communications markets of the European Union, in particular

having regard to the establishment and development of the trans - European networks, including the trans - European transport network
promoting interconnection and facilitating access to and use of ultra-high capacity networks,
and the interoperability of pan-European services and end-to-end connectivity
encourage the use of radio spectrum by electronic communications networks and services
harmonization of consumer benefits - in particular competition, economies of scale, and networks and services
cooperation;
*
(q) the
definition of basic rules for the performance of public electronic communications tasks, in particular

the security and vulnerability of electronic communications, the order of preparation for the period of the special legal order.
*

§3

SECOND PART
STATE RESPONSIBILITIES FOR ELECTRONIC COMMUNICATIONS

II. Chapter
DUTIES OF THE GOVERNMENT AND THE MINISTER
Duties of the Government

Section 4 (1) The Government:
*
(a) adopt
the strategies and sectoral policies established by the National Media and Communications Authority (hereinafter referred to as the Authority);

strategy papers on electronic communications policy and radio spectrum policy prepared by the Authority,
which specify, in particular, electronic communications activities and services and the frequency and
basic principles and conditions of identification management;
*

b)

*
(c) manage
the performance of tasks related to membership of the European Union and other international tasks in electronic communications and informatics

and ensure that the necessary legislative tasks are carried out;
*

d)

ensures the enforcement of consumer interests, independently ensures the

exceptional support for its groups;
(e) *ensure that a free hotline for reporting missing children is available to end-users;
operating service;
*

f)

*

g)

sets out the principles of security of electronic communications, preparing it for the duration of the special legal order

system, ensures the conditions for the performance of the tasks assigned to the state administration;
(h) determine the conditions necessary for the implementation of national security interests in the field of electronic communications; and
rules for monitoring their implementation;
(i) *provide a public alert system;
*
j) perform
additional tasks related to electronic communications, specified by law.
*
(2) The
Government shall consult the interested parties in connection with the draft legislation regulating the electronic communications market.

Duties of the Minister

§ 5. (1) The* Minister responsible for electronic communications (hereinafter: the Minister) shall, in accordance with this Act, as well as
under the law establishing:
*
(a) ensure
that the public is adequately informed about harmonized services of general interest and their use, in particular:

through initiatives specifically targeted at people traveling in the Member States and that people with disabilities are made possible
maximum access to these services and encourages the provision of harmonized services of general interest;
*
(b) ensure
that citizens are properly informed about the use and use of the single European emergency call number "112",

in particular through initiatives specifically targeted at people traveling between Member States, and that people with disabilities
persons have equal access to emergency services to other end-users;
c) in* the field of the discipline and competence, a broad social, industrial or scientific activity
Partnership and co - operation agreements for direct co - operation with
the implementation of infocommunication strategic objectives;
d) - i) *
*

j) -l)
*

m)

*

n)

She)*
p)

*

q)

*

r)

*

s)

*

t)

*

u) performs other tasks delegated to him / her in his / her other legislation.
(2)

*

*
(3) In
the case of a special legal order or in order to eliminate its consequences - the Defense Council, the President of the Republic or the

On the basis of a decision of the Government - the Minister shall establish a temporary restriction on electronic communications activities or
pause.
§6

*

§7

*

§8

*

III. Chapter
*
TASKS AND STRUCTURE OF THE NATIONAL MEDIA AND COMMUNICATION
AUTHORITY
*
The National Media and Communications Authority

*

§9

*
§ 10. (1)
The Authority

1. declare, as necessary, but at least annually, the legislation on electronic communications related to its competence
contributes to the preparation of legislation related to its competence;
2. hold a public hearing;
3. assess and continuously analyze regulatory, policy, stimulus and tendering decisions
the functioning of the communications and related IT market;
4. to provide a methodological basis for regulatory and communications policy decisions and analyzes, and for the
continuously assess the state of the communications market to ensure the provision of user-friendly information
prepares comparative analyzes;
*
5. determine
the relevant markets, analyze the competition in the relevant markets as defined in this Act, and

its effectiveness, identify the service providers with significant market power in each of the relevant markets and identify the
obligations on service providers with significant market power;
6. act on a provider with significant market power or on a number and without significant market power
in connection with the fulfillment and breach of certain obligations imposed on the service provider;
7. act of its own motion or on request in a decision taken within its competence or in an official contract concluded within its competence
in proceedings for breach of the law or in disputes relating to the conclusion of a contract;
*
8. monitor
the provision of the universal electronic communications service (hereinafter referred to as "universal service")

and take action to ensure the service;
9. publish the registers, data and decisions prescribed by law;
*
10. exercise
state ownership of radio frequencies and identifiers in accordance with government policy,

management of radio frequencies and identifiers, decide on the
auctioning and tendering procedures and conducting auctioning and tendering procedures for the acquisition of frequency use rights, and
implements the European Union acts on spectrum management addressed to the spectrum management authority;
11. co-ordinates the defense, law enforcement,
national security and defense preparation and related reporting tasks,
IT and communications sector on-call service;
12. proceeds with the notification of electronic communications services, frequency management, identification management,
supervision of existing concession contracts, the keeping of statutory records,
in matters related to the use of real estate, licensing of electronic communications structures, construction supervision;
*
13. in
the field of the protection of the interests of users and subscribers in the context of general regulatory and market surveillance activities

check the 6-7. The rules on electronic communications by electronic communications service providers are not mentioned in points
and take action in the event of breaches;
14. In the course of the establishment, interconnection, development and modernization of governmental networks, the
consult with network operators in accordance with the law;
15. inspect the activities of the conformity assessment bodies designated by the Minister;
*
16. performs
the tasks specified in the law as the legal successor of the Universal Electronic Communications Support Fund;

17. In order to provide users with the same level of care, access and freedom of choice, the network shall be uniform and
requirements for electronic communications service providers, taking into account its smooth operation and sustainability
may determine;
*
18. participates
in the preparation of the Government's international activities related to electronic communications, participates in the

in the implementation of obligations under international and European Union acts and shall implement the obligations arising from that obligation
represents Hungary in international organizations related to electronic communications,
liaises with the European Commission and, by decision of the Government, with the Council of the European Union, other Member States' regulators
authorities and the Body of European Regulators for Electronic Communications (BEREC)
takes;
19. perform other tasks specified by law;
20. Ensures, on the basis of policies and programs established by the Government under section 4, that the person is disabled and has changed
able-bodied persons have access to electronic communications at the same level as those provided to other users
services, in particular publicly available telephone services;
21. Contribute to the standardization tasks of electronic communications in cooperation with standardization stakeholders
in the care of;
22. ensure that the national frequency allocation is established and, if necessary, at least every three years
international Atlantic membership in the context of its obligations under international law
protection of frequency bands;
*
23. provide
identifiers in accordance with the obligations set out in international legal acts and European Union acts

the breakdown of the totality between each activity and service, the type, structure and scope of the identifiers
On the issuance of a National Allocation Plan for Identifiers (hereinafter: ANFT) and, if necessary, but at least every three years
review;
24. in accordance with its obligations under international law, establish in a regulation, within the framework of national frequency allocation, the
rules for the use of certain civil, non-civil and common frequency bands, which shall include
frequency management requirements for radio systems, frequency management requirements for radio equipment,
the conditions for the use of the band related to the authorization and use of frequencies, in particular the radio interface requirements, and
if necessary, but at least every three years, ensure that these rules are reviewed;
25. submit to the Government and represent the electronic communications policy and radio spectrum policy prepared by the Authority;
26. provides state representation in relation to existing concession contracts and acts in accordance with existing concession contracts
in official matters relating to the conversion of contracts into official contracts;
27. perform planning and organizational tasks related to the operation, maintenance and modernization of the air alert system;
*
28. organize
and control the temporary or permanent imposition of data published in the electronic communications network;

making it inaccessible and making it inaccessible by an authority specified in a separate law
and, to that end, operate a database of central electronic decisions to deny access, and
contribute to providing the technical environment necessary for making it inaccessible;
*
29. cooperate
with public and private authorities in the context of events affecting the information security of electronic communications services

with the government event management center according to the Act on Electronic Information Security of Municipal Bodies.
*
(2) The
Chairman of the National Media and Communications Authority (hereinafter: the Chairman) shall perform the tasks referred to in Paragraph 1, Sections 2, 4-8 and 22-28. points

perform tasks arising from specific powers, performs other tasks specifically within the competence of the President by law,
adopt the annual market surveillance plan and monitor its implementation, as well as designate national defense and disaster management tasks;
electronic communications service providers involved in the provision of information and define their preparatory tasks. The National Media and Communications
The Office of the Authority (hereinafter referred to as the Office) shall act in accordance with paragraphs 1, 3, 10 and 12 to 21 of paragraph 1. in the matters set out in points
by the President - as Chairman of the Authority and by the Media Council of the National Media and Communications Authority (hereinafter: Media Council)
as President of this Act and Act CLXXXV of 2010 on Media Services and Mass Communication. within the framework of the law,
or the tasks assigned to it by other legislation pursuant to the authorization of these laws. The National Media and Communications Authority
(hereinafter referred to as "the Director-General") shall act in the matters set out in points (9) and (11) of paragraph 1 and shall
- as Chairman of the Authority and Chairman of the Media Council of the National Media and Communications Authority (hereinafter: Media Council) - this Act,
and CLXXXV of 2010 on media services and mass communication. within the framework of this law
tasks conferred on it by other legislation.
§ 11. (1) In* order to enforce the radio telecommunications and radio spectrum policy, the Authority, as a frequency management authority,
and in coordination with non-civilian spectrum management aspects, prepare a technical plan for the preparation of the regulation:
(a) the reallocation or rearrangement of frequency bands;
(b) the allocation of frequencies (channel allocation plans);
(c) conditions of use for each radio application;
(d) the conditions for the use of frequencies.
2. In*order for the Authority to use frequencies without harmful interference and to enforce international obligations
operational international frequency coordination shall be carried out as necessary.
(3)

*

The Office shall be bound by international agreements based on national or international agreements relating to the use of frequencies

radio surveillance, control, reconnaissance, interference testing and interference
for the technical-traffic monitoring of radio broadcasts and their recording, in accordance with the conditions specified by law.
*
4. The
protection of communications, the efficiency of the use of frequencies and their freedom from harmful interference, and the

In order to ensure compatibility (EMC), the Office maintains a radio meter and radio interference suppression service.
*
11 / A. § (1)
The President shall examine the following aspects when establishing the rules for the use of frequency bands

imposes an individual authorization obligation after
a) avoidance of harmful interference,
b) ensuring the technical quality of the service,
(c) ensuring efficient use of spectrum; or
(d) the pursuit of other general interest objectives defined in accordance with Community law.
(2) In the case of an individual licensing obligation, limiting the number of licenses shall ensure efficient use of spectrum
in order to
(3) In* the case of a frequency band which may be used for the purpose of an electronic communications service, provided that the frequency is used
an individual permit is required and the permit is valid for a definite period of time, the President shall take this into account when determining the duration
a) the objective to be achieved,
(b) the amortization period of the investment; and
(c) the service to be provided.
4. In the case of authorizations valid for more than ten or ten years, where the right to use the frequency is non-transferable and not
the President shall keep under review the period of validity of the authorization to ensure that the provisions of paragraph 1 are complied with.
whether it is justified to maintain the individual licensing obligation or to exclude transferability or leasing.
If necessary, the rules existing upon the acquisition of the right to use the frequency shall be amended by the President.
§ 12 In* connection with frequency management, the Authority shall:
(a) publish the requirements and conditions for the use and allocation of radio frequency bands for the use of radio frequencies;
(b) publish the conditions and procedures for obtaining the right to use radio frequencies, as well as the fees and charges;
information on fees;
(c) publish decisions on the granting of rights of use for radio frequencies and identifiers for the provision of services;
and
(d) ensure the regular, up-to-date recording of the information referred to in points (a ) to ( c) and the development of the relevant database.
*
12 / A. § (1)
The Authority shall liaise with the European Communications Office (hereinafter: ECO) on a common access point established by the European Commission.

(hereinafter referred to as ‘EFIS’) for the purpose of
provide comparable data on the use of radio spectrum to the public.
2. The Authority shall upload the following data on the use of the radio frequency band to EFIS:
(a) per frequency band:
(aa) the division of radio services as defined in the International Radio Regulations;
(ab) radio applications corresponding to the categories valid in EFIS,
(ac) radio interface specifications in accordance with the format set out in paragraph 3,
(ad) information on individual rights of use of frequencies pursuant to paragraph 4 in respect of electronic communications
in the case of frequency bands used for the purposes of services in which the right or right to use the frequency is transferable, or
in which the acquisition of the right to use frequencies takes place in the framework of an auction or tender procedure;
(b) the details of the national contact point requested by EFIS that is able to answer public questions
domestic spectrum information not available on the European Spectrum Information Portal, and to provide information to
the procedure and conditions for the process of allocating frequency use rights;
(c) where available, a report containing the national radio spectrum policy and the national spectrum strategy.
3. When uploading radio interface specifications, the Authority shall, by indicating the relevant standard or a textual description,
accompanied by the necessary remarks - must provide the following parameters:
(a) channel layout;
b) modulation, occupied bandwidth;
c) duplex direction, duplex distance;
d) transmission power, power density;
(e) channel access and channel reservation rules;
(f) method of authorization;
g) additional essential requirements pursuant to Section 80 (3);
(h) baseline conditions for frequency planning.
*
4. For
the frequency bands specified in paragraph 2 ( a) ( d) , the Authority shall

the provisions of the Law on Freedom of Information and Freedom of Information, as well as the legal requirements for trade secrets
shall provide:
(a) the person authorized to use the frequency;
(b) the expiry date of the frequency use right or right or, failing that, the expected duration of the right;
(c) the territorial scope of the right or right to use the frequency, indicating at least that it is local (ie to a single station);
regional or national law;

(d) whether the right or right is transferable.
(5) The Authority shall establish tables containing national frequency allocation and frequency use information in accordance with the regulations
within three months of its entry into force to the ECO in the electronic format specified by it.
6. The Authority shall update the information provided for in paragraph 2 at least twice a year.
(7) The control, monitoring and monitoring activities provided for in a Union act relating to radio spectrum policy in the European Union
Reporting and notification tasks to the European Commission are performed by the Authority. The Authority shall submit a report to the European Commission
it shall consult the Minister in advance.
*
Section 13 (1)

The Authority shall notify the European Commission of the regulated free movement of goods and certain services

notification, notification, information and reporting required by certain European Union acts in relation to the provision of
interfaces not declared in accordance with specific legislation on the fulfillment of obligations.
*
2. The
Authority shall notify the European Commission of the types of interfaces that public electronic communications networks

operators offer.
*

(3)

The Authority shall notify the European Commission if it finds that equipment is in conformity with the placing on the market

requirements, however
(a) causes serious damage to the network or harmful radio frequency interference, or
(b) adversely affect the network or its operation,
and has therefore authorized you to refuse the connection, to disconnect the device, or to disconnect the device.
to withdraw.
*
The President and the Office

*

§ 14

On the organization of the Authority, the Chairperson, the Vice-Chairperson and the Office on media services and mass communication

provided by law.
14 / A. §
§ 15

*

§ 16

*

§ 17

*

*

17 / A. § *
*

§ 18

18 / A. §

*

*

§ 19

Cooperation with the Hungarian Competition Authority

§ 20. (1) The* Authority and the competition authority shall ensure the protection of competition in matters affecting competition in the electronic communications market.
cooperate closely to ensure the consistent application of the acquis and to promote the uniform application of the law, in particular
(a) the definition of relevant markets for the electronic communications market,
(b) an analysis of competition in the relevant markets,
(c) identifying service providers with significant market power and imposing obligations on them,
d)

*

proceedings.
*
2. The
Authority shall identify relevant markets for the electronic communications market, analyze competition in those markets and

take into account the professional position of the competition authority when identifying service providers with significant market power,
if it deviates from it, it shall inform the competition authority of the reasons therefor.
3. In *their cooperation, the Authority and the competition authority shall ensure that their procedures comply with data protection rules.
comply with the law and the interests of business secrecy are not prejudiced. In this context, the data is the other
the transmitting authority shall, inter alia, notify the data subject of the transfer and the receiving authority shall ensure that the
the data transferred shall enjoy at least the same protection as the transferring authority.
(4)

*

The Authority and the competition authority shall record the details of their cooperation, review them annually and make them public

including methodologies developed as a result of cooperation.
*

§ 21

Cooperation with the National Data Protection and Freedom of Information Authority

*

*
§ 22. (1)* The Authority
and the National Authority for Data Protection and Freedom of Information with the electronic communications market and the

cooperate on personal data breaches related to information society services.
*
2. The
Authority and the National Authority for Data Protection and Freedom of Information shall agree on the modalities of their cooperation on an annual basis.

agreement to be reviewed. The agreement between the Authority and the National Data Protection and Freedom of Information Authority a
make it available to the public.
3. In*the agreement referred to in paragraph 2, the Authority and the National Data Protection and Freedom of Information Authority shall, inter alia:
determine the conditions of cooperation, which are the powers of data protection under the provisions of this Act
ensure their proper enforcement and practicability.
*

Cooperation with the Minister
*

22 / A. §

(1) The Authority and the Minister for the Electronic Communications Market and the Information Society

cooperate to promote the provision of related services, in particular
(a) the Ministerial Information Society, the Digital Economy, Innovation and Broadband Infrastructure
preparation of related programs,
(b) developing investment incentives in the field of infocommunications
connection.
(2) Upon the invitation or decision of the Authority pursuant to Section 47, the Authority shall be provided with the information provided to it for the purpose of market definition and market analysis.
provide information to the Minister upon request for the performance of his duties arising from the co-operation under paragraph 1,
even if they contain a secret protected by law.
(3) The Authority and the Minister shall, in the course of cooperation, ensure compliance with data protection legislation,
and that the interests of business secrecy are not prejudiced. To that end, the Authority shall notify the data provider of the data
transfer. The Minister shall ensure that the data transmitted enjoy at least the same protection as the Authority.
(4) The Authority and the Minister shall lay down detailed rules for their cooperation and, in this context, for the transmission and use of data,
an agreement to be reviewed annually. The agreement shall be made available to the public by the Authority and the Minister
do.
*

Cooperation with the organization operating the e-utility
*

22 / B. §

1. The Authority and the organization operating the unified electronic utility register (hereinafter: e-utility)

cooperates with the operator of the electronic communications network on the unified electronic utility register
in matters related to the obligation to provide information specified in a government decree.
(2) The data required by a government decree issued on the basis of the authorization of this Act on a quarterly basis shall be
to the organization operating the e-utility.
*
ARC. Chapter

GENERAL RULES OF PROCEDURE FOR THE AUTHORITY

*

*

Application of the general rules of administrative procedure

*
§ 23. The
Authority shall issue general administrative rules, except for non-civil frequency management authority procedures

on CL of 2016 (hereinafter: Ákr.) with the derogations and additions contained in this Act.
Procedural principles *
*
§ 24. (1)
In the course of its activities, the Authority is obliged to enforce:

a) legality,
b) equal treatment,
c) objectivity,
d) transparency,
e) proportionality,
f) the public,
g) the procedure is reasonable and justified,
h) impartiality,
(i) efficiency
principles.
2. In*its proceedings, the Authority shall, within the framework of its legislation, take into account the provisions of the European Electronic Communications Code.
Article 38 (1) of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing a
Commission recommendations issued pursuant to paragraph 1 and shall take the utmost account of the relevant guidelines.
If the Authority does not act on the recommendation, it shall inform the European Commission, stating the reasons.
(3) The Authority supports the objectives of BEREC to promote greater regulatory coordination and coherence,
and in its proceedings shall take the utmost account of the common positions, opinions and opinions issued by BEREC
regulatory best practice.
*
4. The
Authority shall cooperate with other authorities to develop consistent application of the law best suited to regulatory purposes.

regulatory authorities of the Member States, the European Commission and BEREC.
*

Announcer

*
§ 25. (1)
In connection with the tasks and powers of the Authority specified in this Act, the rule concerning electronic communications

or to impose an obligation on a provider with significant market power, or
in the event of a significant circumstance giving rise to a review, any person who does not
qualifies or would not qualify as a customer under the law (hereinafter: notifier).
2. The notification shall indicate the name and address of the notifier, the circumstances giving rise to the proceedings before the Authority and the activity
or conduct on the basis of which a breach of the electronic communications rule is likely and the notification
underlying facts.
3. On the basis of the notification, the Authority may, in its discretion, initiate proceedings ex officio. If the Authority does not notify
initiate the procedure, it shall inform the notifier thereof without any obligation to state reasons.
(4) The notifier shall not become the subject of an official procedural relationship initiated on the basis of the notification;
does not have the right to appeal against an official decision taken ex officio in an official procedure.
(5) The notifier may request the closed processing of his data.
6. If, according to the content of the notification, it qualifies as an application and as a notifying client, the Authority shall
inform the notifier separately of his rights to initiate official proceedings.
*

Succession

*
*
§ 26. (1)
A client
entitled on the basis of a decision that has become final may be replaced by his or her legal successor.
*
(2) Replacing
a client who is bound by a final decision - if the purpose and legal basis of the obligation are also against the legal successor

survives - its successor enters into force. In the case of an obligation imposed by a decision which has become final, the time limit for performance shall be justified
the successor may fulfill the obligation voluntarily. The Authority and the
successor may also agree in an official contract.
*
(3) In
the case of an obligation established by a decision which has become final, the legal successor of the client shall also be the third party to whom

the original (predecessor) obligated client transfers the conditions for the performance of its activities by agreement.
4. Where the succession takes place in the course of an official procedure and the succession is based on law, the Authority shall
establishes the fact of succession in its order.
*
5. Where
the succession takes place in an official procedure and the succession is based on a contract, the Authority shall

the fact of succession necessary for the exercise of its powers.
Confidentiality*
*
§ 27. (1)
Persons who are or have been in a public service legal relationship with the Authority and in other legal relations for the performance of work - the

except for the provision of data required by law to another organization - during the existence of this legal relationship and even after its termination
are obliged to keep the personal data, classified data that have become known to them in connection with the activities of the Authority and its performance,
or business secrets, as well as any data, facts or circumstances which the Authority is not required by law to
made available to the public.
2. The persons listed in paragraph 1 shall be informed of any information, fact or circumstance which comes to their knowledge in the course of the performance of their duties.
they may not be unauthorizedly disclosed, exploited or disclosed to third parties.
*

Electronic communication

*
§ 28. (1)
In the*powers and procedures specified in this Act, the Authority may determine in a decree of the Chairman of the Authority

the scope of the procedures in which electronic communication is mandatory or exclusive.
(2) In proceedings involving only service providers, electronic communication may be required only.
(3) Electronic communication shall not be required exclusively in proceedings involving users and consumers.
*

Initiation of proceedings

§ 29. (1)* The Authority may also initiate proceedings ex officio in matters within its competence, unless the proceedings are initiated in accordance with this Act.
can only be started on request.
*
2. Where,
in the course of proceedings before the Authority, a matter which is outside the scope of an individual official case but which is closely or indirectly related to it

becomes aware of an infringement, it may, of its own motion, extend its proceedings of its own motion before taking an official decision. The
on the ex officio extension of the procedure to customers under the Act. shall be notified in accordance with the relevant provisions of The procedure is ex officio
the administrative time limit is extended by the administrative time limit governing the procedure.
3. The Chairperson shall lay down in a decree the procedures of the Authority for which an administrative service fee is payable.
Examination of competence and competence

*

§ 30. In* the absence of competence or competence, the Authority is entitled - in accordance with the competence of the authority with competence and competence
reject the application or terminate the procedure without examination or referral.
Deadline for administration and suspension of proceedings*
*
§ 31. (1)
The term for the administration of the proceedings of the Authority shall be sixty days, unless otherwise provided by this Act.

(2) In proceedings requiring consultation with interested parties, the time limit for administration shall be ninety days.
(3) In general official supervision and market surveillance procedures, the administrative period shall be ninety days.
(4) If the decision on the substance of the case depends on the preliminary examination of a matter in which the proceedings fall within the competence of another body, or
Page 2

cannot be reasonably decided without another official decision of the same authority closely related to the case, the authority
suspend the proceedings.
(5) Upon suspension of the proceedings, all time limits shall be interrupted, and upon termination of the suspension of the proceedings, the administrative time limit shall be
starts again except. All procedural acts taken during the period of suspension shall be null and void, except those which:
to eliminate the reason for the suspension.
Request
*

§ 32

*

*
(1) The
client's request on a form provided for that purpose by the Authority - in the case of electronic communication

on an electronic form. The application cannot be submitted at the steering window.
2. If *the consumer's application is not submitted on a form to the Authority within eight days, an appropriate time limit and
in addition to a request for legal consequences of failure to act, you may request that the application be submitted on the appropriate form. This call is not
the Authority may reject the application, unless the version of the form can be completed and downloaded to complete the
was not published within the specified time limit.
*

View documents, a secret protected by law

*
§ 33. (1)
A person participating in the settlement of a matter in a public service relationship with the Authority or in another legal relationship for the performance of work

unrestrictedly entitled to know the secrecy protected by law to the extent necessary to
are entitled to access classified information in accordance with the provisions of the Classified Data Protection Act.
(2) The client and other participants in the proceedings may designate - in the public interest as defined by law or by law.
data which cannot otherwise be classified as secret protected by law, and with the exception of the provisions of paragraphs (3) to (4),
trade secrets, other legitimate interests, and significant communications policy or
data which it considers necessary to treat in a closed manner by reference to a competition aspect. In this case, the
the client and the other participant in the procedure are also obliged to prepare a version of the file that does not contain the data specified above.
included.
(2a) In* the tender procedure for the acquisition of the right to use frequencies pursuant to Section 55, the decision terminating the procedure
cannot be considered as an assessment criterion according to the tender dossier until the date of its publication
in the document containing the undertaking and in the invitation to tender issued in support of that undertaking.
to a document specified in its file, the knowledge of which indicates the effectiveness, purity or
would jeopardize the purpose of the tendering procedure as set out in the tender dossier.
3. In reference offer procedures, the part of the reference offer which the obligor
generally available to third parties during the conclusion of the contract, in accordance with the electronic communications rule
would release.
*
(4) Observations
submitted during the consultation with the stakeholders specified in Section 40, as well as the President's 62-65. §

the data and information ordered to be published within the scope of the obligation of transparency pursuant to § 102 imposed in the decision made in the procedure
shall not be considered a business secret. A service provider with significant market power may not classify a business secret as Chairman
market definition, the identification of service providers with significant market power and the imposition of obligations
set out the accounting data in respect of which the President has identified the barriers to competition identified by the market analysis
provides for disclosure within a reasonable, proportionate obligation under Section 105.
*
(4a) Of
the data provided pursuant to Section 47 (1) ( b) , the number of subscribers and subscriber contracts concluded,

statistical data on the traffic (minute traffic, amount of data, number of units) and availability (coverage) of the service,
furthermore, the subdivisions of this data according to any further breakdown and grouping cannot be classified as business secrets.
*
(5) To
the extent necessary for the performance of their activities related to the subject matter of the official matter, you may get acquainted with the data processed in private

and, at the discretion of the Authority, another administrative authority or public body, provided that it ensures that the data transmitted
receive at least the same protection as the transferring authority.
(6) Where, in order to properly enforce the law or to enforce law and the rights of clients,
where appropriate, the Authority may call upon the client and any other participant in the procedure to lift the closed data processing pursuant to paragraph 2.
7. If*the client and the other participant in the proceedings do not withdraw their qualification in accordance with paragraph 2, the Authority shall:
necessary for the exercise of law or the enforcement of clients ’
you can order the release of closed data management. That order may be challenged in an administrative action, the suspensory effect of bringing an action
van. The court shall decide within thirty days.
Exclusion*
*
§ 34. (1)
In the substantive settlement of the case, Ákr. may not participate in addition to the provisions on exclusion set out in point ( a)

with the client or with a controlling interest in the client or with a controlling interest in the client
*

within one year prior to the commencement of the proceedings or to whom he is a relative
(a) has an employment relationship, other employment relationship or membership relationship with the client, or
official,
b) has an ownership interest in the client,
(c) has an employment relationship with a private individual, legal person or unincorporated
in another legal relationship or membership relationship, or its senior official, or has an ownership interest in it,
which has a regular business relationship with the customer,
(d) has an employment relationship with an organization that is the client’s supervisory or subordinate organization or that
provided any support or exclusive license to Customer, excluding Media Services Support and
Legal relationship for employment with the Trust Fund or the Authority.

(2) A member of the staff of the Office shall immediately notify the Director General if there are grounds for exclusion. The office
shall be liable to disciplinary action and payment of compensation as a result of failure to notify or late notification. The office
The Director General shall decide on the exclusion of his staff member and, if necessary, appoint a member of the staff of the Office.
(3) The Director General shall immediately notify the President if there are grounds for exclusion. The general manager of the announcement
shall be liable to disciplinary action and payment of compensation as a result of failure to comply with it. The President shall decide on the expulsion of the Director General.
If there is a ground for exclusion against the Director-General, the President shall consider in his decision that the Director-General shall act in that case.
that he shall send his decision to the President or appoint one of the Deputy Directors-General to exercise his powers.
(4) If the client makes a declaration of exclusion which is manifestly unfounded, the order refusing the exclusion shall contain the procedural requirements of this Act.
may be fined.
(5) In the event of a ground for exclusion against the President, the Vice-President appointed by the President shall act on the merits.
Clarification of the facts

*

*
§ 35. (1)
The Authority is entitled to maintain secrets related to electronic communications activities and services, even those protected by law.

or all assets, documents, including data classified as authorized by a separate legal act.
view and examine documents, make copies and extracts from them.
2. The Authority shall inform the client, other participants in the proceedings, as well as their agents, employees, or the client and other parties to the proceedings.
other legal relationships with its participants to provide information or to perform tasks orally or in writing
to provide the necessary data in a comparable format specified by it, as well as other
may be required to provide information. The reporting obligation must comply with the proportionality requirement.
3. In*duly justified cases, the Authority shall, in order to clarify the facts, provide other information to the client and other participants in the proceedings.
it may also oblige a person or organization to provide data or means of proof. That order may be challenged in an administrative action,
the filing of the application has suspensory effect. The court shall decide within thirty days.
*
3a. The
client may not replace the missing evidence with his statement, even if it is not possible to obtain it, unless the

authority shall invite the client to make a statement in order to remedy the missing evidence in order to clarify the facts.
*
3b. The
Authority may, when clarifying the facts, require the client to provide the original document or a certified copy thereof to the

Make it available to the Authority.
(4)

*

If the clarification of the facts so requires, the Authority shall inform the client of the legal consequences pursuant to Section 38.

may, in addition to drawing attention, make a declaration and provide information.
(5)

*

In order to clarify the facts, the Authority shall set an appropriate time limit and the legal consequences of failure to act.

with a warning - you can call the customer to fill in the gaps.
(6) Documents, data, documents or other means of proof of individual official procedures of the Authority - exceptionally justified
In other cases, it may also be used in its other proceedings, provided that it reduces the procedural burden on clients or is appropriate or effective
enforcement makes this necessary.
(7) In the course of the proceedings of the Authority, in order to perform the tasks specified by law - its business operations affected by the measure
with the least possible disturbance or obstruction
(a) natural and legal persons and organizations without legal personality falling within the scope of this Act
to enter its premises, registered office, commercial units and warehouses related to electronic communications activities,
b) to take samples and counter-samples,
c) to make a trial purchase,
(d) inspect the customer, enter any of his premises, including the inspection of vehicles and the
any area or other information on site,
e) perform measurements and technical tests,
(f) seize or seal evidence.
*
(8) In
clarifying the facts, the Authority shall, inter alia, rules on fact-finding and official controls

you can apply.
(9) In* a situation of danger to life or serious damage, the performance of an immediate procedural act and the protection of public security, public order
and in the event of the management or operation of other service providers or users being seriously and
necessary to address an imminent threat, the Authority shall carry out an on-site inspection of the sealed area, building, premises
it is entitled to retain it against the will of the persons present.
§ 36

*

*

Interim precautionary measure

§ 37. (1)* Within* the framework of official proceedings, the Authority shall ensure the protection of life, health, physical integrity and the environment, public safety, public order
protection or affecting a wide range of users, in particular those threatening serious harm, and other service providers or users
as a temporary precautionary measure to address a serious and imminent threat to the management or operation of
the disputed network or subscriber contract provision or the price or charge, the use of radio spectrum and
may restrict or prohibit the use of identifiers and the distribution of electronic communications equipment by order. Identifier
In the event of fraud or abuse, the Authority may order that the
suspension of the right to use the number for the purpose of using the identifier and withholding of the fees payable for accessing the identifier.
*
2. The
provisional safeguard measure shall remain in force, unless it is withdrawn earlier, until the definitive termination of the proceedings, but not later than:

It lasts for 90 days, which can be extended once for another 90 days.
(3) There shall be no separate appeal against an order of the Office in respect of an interim measure. The temporary
an administrative lawsuit against the precautionary measure within five days of the notification of the order, alleging an infringement of the law
you can start. The court shall decide on the matter within fifteen days.
Official action

37 / A. §

*

*

*
(1) Illegal
unauthorized use of a radio frequency or unlawful use of a radio frequency without an individual license

In the case of frequency use, the Office is entitled to use the equipment and devices used to carry out radio frequency activities.
sealed as an official measure and, if necessary, transported to a place of detention designated by the Office. This official measure does not
constitutes an administrative matter.
(2) If the use of the radio frequency referred to in paragraph 1 is detected by the Office during an on-site inspection, it shall immediately apply the
The measure set out in paragraph 1.
3. Except in the case provided for in paragraph 2, the official measure shall be taken ex officio, the circumstances giving rise to the official measure or the
It shall be ordered in writing by the Director General immediately after it has become known to the Office. Defined by the Director General
the Office shall take the official action within that period.
(4) An official measure may be performed by an administrator of the Office.
(5) Within the framework of an official measure, the Office may use all the means necessary for the successful completion of the measure,
necessary and proportionate to achieve its objective.
(6) A report shall be drawn up on the official measure. Included in the minutes
(a) the name of the Authority, the place and date of sealing,
(b) the identity and address of the operator of the radio station, whether or not having legal personality;
in the case of a competent body, the name, registered office and tax number or registration number of the company,
c) a warning of rights and obligations,
d) the type, serial number or other identifying mark of the sealed radio equipment,
e) the reason for the sealing,
f) the method of sealing,
g) the number of the radio license,
h) the place of storage of the sealed radio equipment,
(i) The operator 's material declaration and findings; and
j) the name and signature of the civil servant or registrar performing the sealing.
(7) When a device or equipment is removed, it shall be stored in such a way that it remains unchanged and its identity can be easily established.
be. The place of storage of the sealed equipment shall be determined by the Office.
(8) The seal may be removed only by the Office or with the written consent of the Office. The seal shall be removed by the Office if the
the reason for ordering the sealing has ceased to exist, or if, in the opinion of the Office, the sealed device or equipment
would not be used in an unlawful manner. The removal of the seal is a particular consideration for the Office
a statement by the licensee or the operator or owner of the sealed device or equipment that the device,
equipment is no longer used in an unlawful manner.
(9) In case of unauthorized removal of the seal or re-commissioning of the sealed device or equipment by bypassing the seal
against the operator, in case of unauthorized removal of the seal, provided for in other legislation - the authority specified therein,
applied by the court - in addition to the legal consequences of the Authority shall be entitled to § 49 paragraph (4) c) as defined in
apply a legal sanction.
*
(10) Devices
and equipment transported to a place of guard specified by the Office shall be removed within eight days after the removal of the seal.

shall be given to the person from whom it was removed.
(11) The Office may decide on the advance sale of the transported equipment if, within ten days of the Office's invitation, the
no one has declared a legitimate demand for the release of the removed thing and the device, equipment

*

(a) its handling, storage or preservation, in particular with regard to the value of the thing or its foreseeable long-term storage,

would be disproportionate and significant,
(b) its value would be significantly reduced as a result of the expected long-term storage.
(12) The consideration received from the sale referred to in paragraph (11) shall replace the device or equipment delivered to the storage place. If the device
equipment can no longer be issued due to the pre-sale, based on the consideration received from the pre-sale of the thing, the
increased by the central bank base rate for the period up to the date of reimbursement, reduced by the cost of handling and storing
shall be reimbursed. The claimant may assert his claim in excess of this in accordance with the rules of civil law.
(13) If the device or equipment delivered to the place of storage is worthless and no one needs it, it shall be removed after the seal has been removed.
destroyed. The costs of destruction shall be borne jointly by the owner of the thing removed and the holder before removal.
(14) The thing to be released to the right holder may be withheld in order to secure the obligation to pay the frequency fee established against him.
*
37 / B. § (1)

*

(2) If the Office deems it necessary, in order to ensure the smooth conduct of the official action, the police shall:
may request your assistance. At the request of the Office for assistance in the framework of an official measure, the
the police are obliged to provide assistance within the time limit specified in the request. A 37 / A. § (2),
to prevent a situation of serious harm and in the interests of national security or
immediate official action is required, the police shall, at the request of the Office,
shall provide assistance at the place and for the time specified.
(3) The Office shall be responsible for the legal basis of the official measure and for the legality of the administration of communications.
(4) The Police Act provides for police assistance and police measures within the framework of an official measure.
the rules on participation in the implementation procedure shall apply.
(5) If the official measure is taken on the grounds of national security or overriding public order reasons related to the use of frequencies
the Office, with the assistance of the police, shall take action on the closed area, building, premises, private dwelling and
by opening another room that does not qualify as public space, against the will of the persons staying there.
(6) In order for the police to be contacted by the Office referred to in paragraph 2, the police
participation, action or official action in accordance with paragraph 5
prior approval is not required. If the official action is taken to close an area, building, room, private dwelling and
opening of another room which is not a public place, against the will of the persons staying there, the official measure
The Office shall send the report on the execution of the report to the prosecutor within seven days.
(7) With regard to police cooperation in the framework of an official measure, the Authority and the police
may conclude an agreement.
*
37 / C. § (1)
A person or organization directly affected by the measure against an official measure of the Office - in particular the

operator, owner, possessor of a device or equipment - with reference to a violation of the law, from the implementation of the measure 10
may lodge a complaint with the Director-General within The deadline for filing a complaint is forfeit, against failure to provide proof
there is no place for the request.
(2) The Director General shall decide on the subject of the complaint within 30 days from the submission of the complaint. If ordered by the Director General
finds that the official action was unlawful, the Office shall release the device, equipment or
removes the seal.
*
(3) The
order referred to in subsection (2) - rejecting the complaint - may be challenged in an administrative lawsuit.

(4)

*

*

Procedural fine

*
§ 38. (1)
The Authority may impose a fine - in the event of a repeated infringement - on the client, other participants in the proceedings, and

the person required to assist in clarifying the facts in the event of a breach of the rules of procedure, in particular if
(a) provides incorrect or false information,
b) withholds data relevant to the adjudication of the case,
(c) does not provide information or does not provide information within the time limit,
(d) access to documents relating to its electronic communications activities or the conduct of proceedings in any other way
impedes or
(e) engages in conduct during the proceedings which prolongs the proceedings, fails to disclose the facts;
may result.
*
(2) The
maximum amount of the procedural fine shall be 0.1% of the net turnover of the infringer pursuant to Section 49 (11). Sales data,

or in the absence of disclosure of sales revenue, the amount of the fine shall not exceed HUF 10 million.
*
(3) In
the case of a natural person infringing, the procedural fine, the maximum amount of which is one million forints.
*

(4)

Market analysis, identification of service providers with significant market power, and significant market power

in an official decision on the obligation imposed on service providers under this Act (for the purposes of this paragraph, the
hereinafter referred to as ‘the decision’) and the other procedures provided for in the decision.
the obligation to initiate and the obligation to provide information, as well as the accounting records based on the decision are separated
management, cost of network services and other obligations imposed
in case of non-performance or late or improper performance, the minimum amount of the procedural fine shall be HUF 100,000, the fine shall be
the maximum is 0.5% of the net sales of the infringer pursuant to Section 49 (11). In the absence of sales data or sales reporting a
the amount of the fine is at least one hundred thousand forints and no more than fifty million forints.
5. In *addition to paragraphs 1 to 4, the obstruction of the procedure or the provision of information shall not be
the Authority may impose a fine of up to HUF 3 million - in the event of a repeated infringement - the
official.
*

Public hearing
*

§ 39

*
1. The
Authority shall, in relation to a significant number of end-users and consumer rights, and

in the performance of its tasks or in the interests of consumers in the electronic communications market
otherwise necessary and justified or, if required by the rules on electronic communications, by electronic means
preparing legislation and enforcement measures relating to communications or law enforcement practice,
the scope of this Act in order to get to know professional opinions and opinions related to the development of
professional self - regulatory organizations, relevant non - governmental organizations and others, in particular consumers and
inviting end-users with disabilities - holds a public hearing.
*
2. The
Authority shall provide information on the public hearing, its date, place and subject matter, as well as information on the public hearing.

preparatory documents related to the subject of the hearing - unless otherwise provided by this Act - at least thirty days a
before the date of the public hearing.
*
3. Where,
in connection with the sale of a right to use radio spectrum by a tendering procedure, the Authority:

holds a public hearing, publishes the number of permits 11 / A. § (2).
4. Eight days before the date of the public hearing, the Authority shall publish on its website the
materials sent to him as an electronic document in connection with
5. The Authority shall prepare a summary or minutes of the public hearing, which shall include the
comments and suggestions made, except for information classified as a business secret by the commenter or suggestion. The
a summary shall be published by the Authority within 30 days of the date of the hearing.
Consultation with stakeholders on significant issues

*

*
§ 40. (1)
The Authority

(a) the identification of suppliers with significant market power and, in the identification procedure, the undertakings with significant market power
the official decision made on the obligation imposed on the service providers in accordance with this Act, as well as the XII. obligations under Chapter
an official decision to amend or repeal
b) decision on reference offers,
(c) for a service provider without significant market power in accordance with Annex XI. to impose, amend or repeal an obligation under this Chapter
official decision to exclude
d) the right related to the provision of the electronic communications service, the identification license, the electronic
a permit for the construction of a communications structure and the amendment of the right to use radio spectrum by the Authority,
decision to extend or renew the proposed amendment, unless the proposed amendment is required by law or the amendment is minor.
and the right holder concerned has consented to it,
(e) the right to establish an electronic communications structure in connection with the provision of electronic communications services
authorization, identification license or decision to limit or revoke the right to use radio spectrum
unless the decision was requested by the rightholder concerned or referred to in Articles 48 to 50. § -,
f) unless otherwise provided by this Act, Article 66 / B. § to approve a voluntary commitment under §
and, if it deems it otherwise necessary, in matters falling within its competence
initiate consultations with interested parties (hereinafter referred to as "consultation"), with the exception of paragraph 2.
2. Conciliation may be dispensed with where, in cases of exceptional urgency, the Authority, in order to protect competition and end-user interests,
defining the relevant markets, identifying service providers with significant market power and imposing or amending obligations, or
the maintenance and repeal of Annex XI for a service provider without significant market power. according to chapter
take an interim decision to impose, amend or repeal an obligation.
3. In the context of the consultation, the Authority shall publish at least forty days before the official decision is taken.
a) of paragraph (1) a) to e) cases in point in the draft decision,
(b) in the case referred to in paragraph 1 ( f) , an application for approval of the voluntary commitment; and
(c) in the cases provided for in paragraph 1, the preparatory work required for the conciliation
materials.
4. In the case of a draft decision under points ( a) to (e) of paragraph 1, the Authority shall, taking into account the complexity of the case,
within at least thirty days of the publication of the draft regulatory decision - the right to use radio spectrum (1)
within ninety days of the extension referred to in point ( d) of paragraph 1, any person may send the Authority the
its position, proposal or other comments on the decision (for the purposes of this section, hereinafter together: comments). The comments a
Authority, they shall be informative to the Authority and shall not be taken into account by the Authority in reaching its decision.
must take into account.
(5) The Authority shall, in accordance with Article 66 / B. In the case of a voluntary commitment pursuant to § (1) and (2), it is relevant in relation to the conditions undertaken
publish information and documents on its website within 45 days of their receipt.
(6) From the publication of relevant information and documents related to the voluntary commitment pursuant to subsection (5)
Anyone may send a written undertaking to the Authority in writing within 30 days of
in particular its opinion on the legal adequacy of the undertaking, or on the undertaking
proposed amendment. The comments shall not be binding on the Authority, shall be for the information of the Authority and shall be
the Authority shall not be required to give reasons for considering or disregarding comments.
7. In the case of a decision as referred to in point ( b) of paragraph 1 , the comments received shall be taken into account or disregarded.
the Authority shall not be required to state reasons.
8. An interested party submitting a comment pursuant to paragraphs 4 and 6 shall not become a party to the consultation.
subject to an official procedural relationship affected by an official decision. The interested party does not have any comments - the decision of the authority
nor in the parts affected by the comments - with a right of appeal.
Consultation with interested parties prior to the launch of a tendering procedure for the acquisition of frequency use rights
*

40 / A. §

*

(1) The Authority shall use the tendering procedure for obtaining the right to use the frequency (auction, tender).

consult stakeholders in accordance with paragraphs 2 to 7 before
2. The Authority shall submit the draft tender dossier to the tender procedure for the acquisition of the right to use the frequency.
at least thirty days before its launch by posting on its notice board and publishing it on its website.
*

(3)

Any person may, within thirty days of the publication of the draft tender dossier in accordance with paragraph 2,

may send to the Authority its position, proposal or other comments on the draft tender dossier
hereinafter referred to as the ‘comment’). The comments received are not binding on the Authority for the information of the Authority
and the Authority shall not be required to give reasons for considering or disregarding comments.
4. The Authority shall consult on the draft tender dossier. The call for consultation is included in the tender dossier
shall be published by the Authority at the same time as the draft. In the call, the Authority shall specify the place and time of the consultation, the
the conditions of participation, in particular the method of registration of participation, the number of participants.
5. In the course of the consultation, the information shall focus on the characteristics, use and use of the available frequency set.
the activities that can be carried out using the frequency, as well as the procedure and process of the auction and the tender,
form, its basic rules.
6. Written questions put orally at the consultation or received at the consultation shall be answered by the Authority within ten days of the date of the consultation.
It shall reply in writing within one day and publish it on its website, except for the secrecy protected by the law contained in Section 33.
(7) The answers published by the Authority pursuant to paragraph 6 are for information purposes only and do not have legal effect against the tender dossier,
nor do they have binding legal force on an individual official case and official decisions.
*

(8)

Following the publication pursuant to paragraph 2, the Authority shall notify the

Radio Spectrum Policy Group (RSPG) on the planned tender procedure and decide on the
possible initiation of proceedings.
*

Radio spectrum coordination

*
40 / B. § (1)
The Authority shall cooperate with the countries concerned and the RSPG in coordinating the use of radio spectrum.

(2) The Authority shall regulate and authorize the use of radio spectrum in the border area in such a way that the neighboring
Member States to ensure the use of a given harmonized radio spectrum in accordance with Union law.
3. The Authority may request the RSPG to make a proposal on border coordination or harmful cross-border disturbances.
to resolve any problems or disputes that may arise in connection with
*

Official contract

*
*
§ 41. (1)
The Authority,
in a matter within its competence with the client, the settlement of the matter in the public interest and from the point of view of the client

on the basis of the rules contained in the Act, with the exceptions and additions specified in this Act - an official contract
can bind.
*

(2)

If, in the course of the official proceedings, the client initiates the closure of the case with an official contract, the

the time required for concluding an official contract is not included in the administrative deadline.
(3) The non-validity condition for the conclusion of an official contract is the third party affected by the contract in its legal interest
the consent of the persons in respect of the terms of the contract which they are required to fulfill by operation of law
would be binding on the contractor.
(4)

*
*

§ 42

*
1. The
Authority shall monitor compliance with the official contract as part of official controls. If the

as a result of the audit, the client violates the provisions of the official contract, the facts revealed during the audit, the
the effectiveness of the breach of contract, the effective enforcement of the law, the social, economic and legal relations covered by the contract and the
principles and objectives of the Treaty and the public interest underlying the
decision on the violation of the decision of the Ákr. enforcement proceedings under this Act or for the application of the legal consequences under this Act
initiate official proceedings.
(2) - (3) *
(4) In official proceedings initiated as a result of an official inspection - in respect of a breach of contract by a client - the Authority shall, in this Act,
and may apply the legal consequences specified in the official contract.
(5) Proceedings before a court concerning the amendment of an official contract shall not affect the performance of the official contract,
and has no suspensive effect on the implementation and enforcement of the official contract.
Disclosure

*

Section* 43 (1)*
*
2. The
Authority shall publish on its website, with regard to the protection of personal data and data processed in a closed procedure:

(a) Articles 62 to 65. §, identification of service providers with significant market power and imposition of obligations
in proceedings before it;
b) by* fulfilling and violating certain obligations established under this Act for service providers with significant market power
in proceedings instituted in connection with the proceedings, as well as in legal proceedings conducted on a matter pursuant to Section 57 (1) ( a) ;
c) taken in the market surveillance procedure pursuant to Section 54;
d) frequency use that can only be obtained as a result of a competitive procedure (auction, tender) on the basis of legislation
made final or immediately enforceable in a tendering or auction procedure for the exercise of a right
declared decision.
(3)

*

*

Appeal against a decision of the Authority

*

*
*
§ 44. (1)
The client
may appeal against the first-instance official decision made by the Office to the President, except for the decisions which

there is no right of appeal against it by law.
(2) An appeal against a decision of the Office at first instance may be brought only by a client who has been duly notified of the proceedings.
participated in the proceedings at first instance.
*
(3) Against
the decision of the President at second instance, referring to an infringement of law, only the client or the

other party to the proceedings may institute administrative proceedings in respect of this provision.
*
(4) Frequency
use pursuant to the NMHH decree created on the basis of the authorization contained in Section 182 (3) (2)

in an auction or tender procedure for the acquisition of the right to refuse registration in the auction or tender
an order that has become final may be challenged in an administrative action within fifteen days of the notification of the order.
*
(5) In
the case of an application under paragraph (4), the Office shall proceed with the auction or tender procedure until a final decision of the court.

suspend. The court shall rule within forty-five days of receipt of the application by the court. The Office shall stay the proceedings
there is no independent remedy against the order. Against an order refusing to register for the auction or tender
there is no place for retaliation against a judgment given in an administrative lawsuit.
6. An* application for review of a decision of a court under paragraph 5 shall be made within fifteen days of notification of the decision.
may be submitted by requesting a certificate in the event of failure to meet the deadline for submitting a request for review
there is no place for it. The Mansion shall accept the application for review or refuse to accept it from the submission
within fifteen days of the The Mansion is the order accepting the application for review, if it is accepted
within 30 days of its notification and shall record its decision in writing within that period.
*

(7)

According to the NMHH decree created on the basis of the authorization contained in Section 182 (3), Item 2

in an auction or tender procedure for the acquisition of the right to use a frequency, the auction or tender
ineffective or, in the event of success, the decision to award the contract or the
may be challenged in an administrative action within fifteen days of its notification.
*
(8) The
court or tribunal shall issue the application pursuant to subsection (7) from the date on which the application is sent to the court by the Office.

it shall adjudicate within sixty days and record its decision in writing by the date of publication. There is an appeal against the court's decision
in the event of failure to meet the time limit for lodging an appeal, no
place. There is no room for renewal.
*

45-46. §

Data provision

*

*
§ 47. (1)
The Authority shall determine the electronic communications service provider performing electronic communications activities falling within the scope of this Act.

even if it qualifies as a secret protected by law, with the exception of classified information,
to provide all data that
(a) to perform the tasks assigned to it by the Authority; and
(b) performing the Authority's statutory non-official tasks, in particular those of the European Union; and
compliance with the obligation to provide information to international electronic communications organizations, regulatory,
basis for telecommunications policy, market recovery decisions, analyzes, as well as continuous analysis and analysis of the electronic communications market;
necessary for the assessment of
*
1a. Where
the information provided pursuant to points ( a) or (b) of paragraph 1 is not sufficient for the

for which it has ordered the provision of data, the Authority shall provide the necessary data to the electronic communications
may also be obliged to operate in an industry or other sector directly related to it.
*
1b. The
Authority may, upon a reasoned request, request the transmission of information submitted to another regulatory authority of a Member State,

where the data concerned are necessary for the performance of the Authority's tasks under Union law and are used by other national regulators
authority. The Authority shall ensure that the transferred data enjoy at least the same level of protection as the transferring regulator
authority.
*

(1c)

The Authority may also contact the one-stop information point specified in this Act in order to provide information,

provided that the necessary information is available to the one-stop shop.
(2) The Authority shall approve an official communications service provider performing electronic communications activities falling within the scope of this Act.
may also require periodic or continuous reporting in its decision.
(3) The Authority shall certify the electronic communications service provider carrying out electronic communications activities falling within the scope of this Act.
from the control system installed or in progress on the spot or in the official register.
may provide information.
*
3a. The
Authority shall monitor the activities of builders of electronic communications structures covered by law and the

operators of telecommunications networks as defined in the Government Decree on the Unified Electronic Utility Register
the unified electronic utility registration system for the obligation to provide data and make declarations during public utility conciliation
towards fulfillment. In the event of non-compliance or inadequate compliance with the information or declaration, the Authority shall:
builders of electronic communications structures and operators of electronic communications networks
to comply with the obligation to make a declaration. With regard to the amount of the fine imposed by the Authority, electronic communications structures
builders and operators of electronic communications networks may not increase the charge for the service.
*
(3b) The
Authority may transmit the data pursuant to paragraph (1a) to electronic communications service providers in accordance with Section 52 (2) ( j).

for the purpose of providing the data related to the keeping of the register referred to in point
the communications service provider shall ensure the protection of the transmitted data at least as much as that provided by the Authority or the transmitting agency.
company.
(4) In order to define and analyze the market, electronic communications service providers are required to provide data. The Authority shall
In its proceedings under Section 66, it may also use the data provided in other proceedings, provided that they are used for electronic communications
service provider without the mandatory decision of the Authority or the provision of data prescribed by law without a separate decision of the Authority
provided on the basis of an obligation. The Authority shall inform the electronic communications service provider of the data provided by it in other procedures 62-66. §
shall be given prior notice of its possible use in the procedure provided for in
*
4a. The
President shall act in accordance with Rule 83 / C. The data, documents and documents provided in the proceedings pursuant to § 62-66. § and § 69

you can use. With regard to such data, the electronic communications service provider may be obliged to provide data only to the extent that:
provided that the data do not contain the content, breakdown or systematisation required for market definition and analysis
are available to the President.
4b. The* President shall, in accordance with Rule 83 / C. § in order to perform its tasks
may submit to the Office and in accordance with Article 22 / A. § (2) - (3) to the Minister. With respect to this data, electronic communications
the service provider may be obliged to provide data only to the extent that the data with the content necessary for the performance of the official task,
they are not available to the Office, broken down or organized.
5. No* appeal shall lie from a decision under paragraphs 1 to 3. The application against that decision was notified from the date of its notification
must be submitted within fifteen days. The filing of an application has suspensory effect. The court shall decide on the matter within thirty days.
*
(6) The
electronic communications service provider, the electronic communications service provider or the

No information provided by BEREC to the Authority may be requested from an undertaking in a related sector.
*
7. An
administrative action against the decisions referred to in paragraphs 1 to 3 may be brought only by a client who is involved in the official proceedings.

water.
*
8. If the
reporting obligation does not or does not comply with the reporting obligation set out in paragraphs 1 to 3a

the Authority shall impose a fine, the amount of which - the net amount achieved by the infringer in the previous year pursuant to Section 49 (11)
taking into account the sales revenue and the recurrence of the infringement - no more than 0.05% of the infringer's net sales revenue, but at least HUF 100,000.
In the absence of sales data or disclosure of sales revenue, the amount of the fine shall be at least fifty thousand forints and no more than one hundred million forints. On this
In addition, in the event of non-compliance or inadequate performance of the data provision, the Authority shall pay from HUF 50 thousand to HUF 3 million.
may also impose a fine on a senior official of the infringing service provider.
(9) Decisions under subsection (8) may be appealed against under this Act.
(10) In setting the amount of the fine, the Authority should consider and compare all the circumstances of the case,
the turnover of the infringer, the seriousness of the disadvantages caused by the non-performance of the data provision.
(11) An appropriate deadline for the submission of data should be set.
(12) During the provision of data pursuant to paragraphs (1) - (3), the data provider shall be responsible for the adequacy of the content of the data,
for timeliness, authenticity, accuracy, verifiability and correctness.
13. In* its decision under paragraph 1 ( b) , the Authority shall
In accordance with points ( a) and (b) of paragraph 1, the data processing shall be
inform the data subject of its purpose.
(14) Paragraph (1) ( b) of the Authority issued in order to perform the non-official tasks of the Authority contained in this Act
on the basis of the information requested in its decision pursuant to paragraph 1, it may not be subject to general official supervision or
market surveillance procedure and may not use this data in the course of its activities, unless expressly stated by the service provider,
procedures or otherwise with respect to the reporting agent. In its decision under paragraph 1 ( b) , the Authority shall:
shall inform the data provider.
Legal consequences

§ 48

*

*

1. The Authority shall comply with the rules on electronic communications and the general terms and conditions

may impose a sanction on the infringer (hereinafter referred to as the infringer) as set out in this Chapter.
2. In applying the sanction, the Authority shall, in accordance with the principles of equal treatment and proportionality, take into account the principles of equal treatment.
is acting; apply the principle of gradation according to the gravity and repetition of the infringement and to all the circumstances of the case; and
apply a sanction proportionate to the aim pursued, taking into account that the fine imposed
be capable of deterring the offender or another person from further infringement.
*
§ 49. (1)
The Authority shall determine the legal consequence and its extent - depending on the nature of the infringement - on the gravity of the infringement, the

recurrence, continuity, duration, the material benefit to the infringer and the
the number of persons affected and at risk and the impact of the infringement on the market, and
other aspects that can be assessed in the individual case.
2. Without applying the considerations set out in paragraph 1, where the infringement is minor and repeated
the Authority may, in addition to establishing and warning of the infringement,
to put an end to the infringing conduct, to refrain from future infringements and to
and may lay down the conditions for such certification.
3. If the summons referred to in paragraph 2 is not applicable in all the circumstances of the case or if the infringement
an effective means of enforcing the obligation to terminate the obligation, the Authority - justification for not issuing the invitation
prohibits the certification of infringing conduct and enforces the provisions of the rule on electronic communications
may impose an obligation, impose additional legal consequences or enter into an official contract with the infringer.
*
4. The
Authority shall impose a fine on the infringer up to a maximum of

(a) the rules governing electronic communications, the service provider's notice or the general terms and conditions
0.25% of the infringer's turnover in the event of a breach of the law or failure to notify;
(b) the net purchase value for each piece of illegally placed electronic communications equipment placed on the market
five times;
c)

*

in case of irregular or illegal, unauthorized use of radio frequencies or identifiers, as well as official

unauthorized removal of the seal from the device or equipment sealed under the measure or bypassing the seal
1% of the infringer's turnover in case of re-commissioning of sealed devices and equipment;
(d) failure to fulfill an obligation imposed on a provider with significant market power by a decision; or
0.5% of the infringer's turnover in the event of late or inadequate performance;
(e) in other market regulation matters not covered by points (a) to (d) , in the event of a breach of the electronic communications rule,
0.1% of the infringer's turnover;
f) in case of violation of the obligations related to the National Security Service - specified in this Act - the infringing
0.5% of the service provider's turnover;
g) in the absence of sales data or the disclosure of sales, the amount of the fine shall be at least fifty thousand forints, but not more than one hundred million forints.
(5) In the event of a repeated infringement, the Authority may impose a fine of between fifty thousand forints and three million forints on the head of the infringing organization.
according to the gravity and nature of the infringement and the specificities of the individual case.
(6) In the event of a serious or repeated breach of contract by a client, the Authority is entitled - a different provision of the official contract
in the absence of such notification, terminate the official contract with immediate effect.
(7) The Authority
(a) oblige the infringer to publish the notice contained in the decision or the decision on the homepage of the infringer's website;
or for publication in a press release in the manner and for the period specified in the decision;
(b) at the expense of the infringer, the decision finding the infringement or the notice contained in the decision in a national daily newspaper
it may be disclosed, in particular where this is intended to prevent or reduce serious harm;
*
(c) suspend
electronic communications for a period of 10 to 90 days in the event of a serious and repeated breach of obligations;

the right to provide a communications service and licenses for the use of radio spectrum and identifiers;
*
(d) in
the event of a particularly serious and repeated infringement, prohibit the pursuit of an electronic communications activity, revoke the

licenses for the use of radio spectrum and identifiers;
(e) order the compulsory sale or lease of the right to use the frequency;
(f) order a service that significantly impedes competition with regard to the obligations imposed following a market analysis
or the termination or delay of the provision of a package of services;
*
g) for
overdue frequency or identification usage fee arrears exceeding 2 months - the payment obligation, its

the 15-day additional performance period for the payment of the overdue fee debt, as well as the voluntary performance
including a warning of the legal consequences of non-compliance, in the event of
revoke its authorized licenses (frequency assignment, radio license or identification assignment);

h) in* the event of fraud or misuse using an identifier, prohibit the further use of the identifier, oblige the
the service providers concerned to prevent access to the identifier, may impose charges for access to the identifier (in particular
termination fees) and the crediting or reimbursement of fees charged to or collected from subscribers;
(i) *may impose other sanctions provided for by law.
Page 3

(8) The legal consequences specified in paragraphs (4) to (7) may be determined jointly.
(9) A fine may be imposed repeatedly in the event of a repeated infringement.
(10) It*shall be deemed to be a repeated infringement if the infringer has committed the infringing conduct established in the official decision which has become final.
on the same legal basis and with regard to the electronic communications rule, on the same subject matter.
(11) For the purposes of this section, below sales revenue from sales to a participant in the proceedings related to a communications activity
shall be deemed to be the net turnover of the preceding business year in relation to the date of the decision.
*
(12) The
Authority should not impose a sanction if five years have elapsed since the infringement was committed.
*

§ 50

Illegal, unlicensed use of a radio frequency or unlawful without an individual license

in the case of frequency use, the Authority is entitled to use the device used to carry out the infringing activity or used without authorization,
or equipment in accordance with 37 / A-37 / C. To be sealed and to be seized or locked in accordance with §§.
*
50 / A. § (1)
The Authority shall impose a fine on the builder of the electronic communications structure, the amount of which

a) HUF 300,000 in case of failure to submit an application for a permit for use by the deadline;
b) in* the case of an electronic communications structure constructed or dismantled other than by a permit or notification
(ba) if the length of the route of the part of the structure affected by the infringement is less than 3 km, the part of the route not exceeding 1 km
HUF 250,000, otherwise HUF 200,000 for each km of the route;
bb) if the length of the route of the part of the structure affected by the infringement is at least 3 km, but does not reach 10 km, HUF 600,000, and the 3 km
in respect of the part exceeding the length of the route, an additional HUF 150,000 for each km started;
bc) if the length of the route of the part of the structure affected by the infringement is at least 10 km, HUF 1,650,000 and the length of the route is 10 km
in respect of the excess, an additional HUF 100,000 for each km started;
bd) in the case of an antenna or antenna support structure HUF 750,000;
(c) *in the case of an unauthorized installation or dismantling of an electronic communications structure without authorization
(ca) if the length of the route of the part of the structure affected by the infringement is less than 3 km, the part of the route not exceeding 1 km
HUF 500,000, otherwise HUF 450,000 for each km of the route;
cb) if the length of the route of the part of the structure affected by the infringement is at least 3 km, but does not reach 10 km, HUF 1,350,000, and the 3 km
in respect of the part exceeding the length of the route, an additional HUF 300,000 for each km started;
cc) if the length of the route of the part of the structure affected by the infringement is at least 10 km, HUF 3,450,000 and the length of the route is 10 km
in respect of the excess, an additional HUF 200,000 for each km started;
cd) in the case of an antenna or antenna support structure, HUF 1,500,000; "
d) in the case of construction or demolition activities carried out prior to the announcement of a legal succession, HUF 100,000;
e) in case of failure to submit the subsequent notification by the deadline, HUF 100,000;
f) in case of non-fulfillment of the demolition obligation, HUF 500,000.
2. In the event of a repeated infringement, the amount of the fine shall be one and a half times the amount of the fine determined in accordance with paragraph 1.
(3) It*shall be deemed to be a repeated infringement if the infringer has committed the infringing conduct established in the official decision which has become final,
on the same legal basis and with regard to the rule for electronic communications, on the same subject matter.
(4) No fine may be imposed if five years have elapsed since the beginning of the irregularity or the commission of the infringement.
*
50 / B. § (1)
In the event of unauthorized, unprofessional construction of an electronic communications structure, the Authority shall

imposes a construction supervision fine on a participant in the construction process of a structure.
2. The amount of the fine referred to in paragraph 1
1. in case of non-participation of the construction technical inspector in violation of the obligation prescribed by law 10,000 HUF / km
or flow meter, but not less than HUF 100,000 and not more than HUF 500,000;
2. in the case of the employment of an inadequately qualified construction technical inspector
a) HUF 500,000 against the builder, and
b) HUF 100,000 against the construction technical inspector;
3. in the case of the employment of an appropriately qualified designer and the acceptance of employment, if the builder a
employer
a) HUF 250,000 against the builder, and
b) HUF 100,000 against the designer;
4. in the case of the employment of an appropriately qualified designer and the acceptance of employment, if the contractor a
employer
a) HUF 250,000 against the contractor, and
b) HUF 100,000 against the designer;
5. in the case of construction work without design documentation
a) HUF 10,000 / km or river meter against the builder, but not less than HUF 200,000 and not more than HUF 1,000,000,
b) HUF 20,000 / km or river meter against the contractor, but not less than HUF 200,000 and not more than HUF 1,000,000, and
c) HUF 100,000 against the responsible technical manager;
6. in the case of establishing a business relationship with a contractor with inadequate authorization
a) HUF 10,000 / km or river meter against the builder, but not less than HUF 100,000 and not more than HUF 500,000, and
b) HUF 20,000 / km or river meter against the contractor, but not less than HUF 100,000 and not more than HUF 1,000,000;
7. by failing to cooperate with the responsible technical manager in breach of a statutory obligation
in the case of construction activity
a) HUF 5,000 / km or flow meter, but not less than HUF 100,000 and not more than HUF 250,000 against the technical inspector of construction, and
b) HUF 20,000 / km or river meter against the contractor, but not less than HUF 100,000 and not more than HUF 1,000,000;
8. in the case of the employment of an appropriately qualified technical manager and the acceptance of employment
a) HUF 20,000 / km or river meter to the contractor, but not less than HUF 100,000 and not more than HUF 1,000,000, and
b) against the responsible technical manager HUF 5,000 / km or flow meter, but not less than HUF 100,000 and not more than HUF 250,000;
9. improper construction, in particular the use and installation of construction products or structures of inadequate performance
in case of
a) HUF 20,000 / km or river meter against the contractor, but not less than HUF 200,000 and not more than HUF 1,500,000,
b) against the construction technical inspector HUF 5,000 / km or river meter, but not less than HUF 100,000 and not more than HUF 250,000, and
c) HUF 5,000 / km or flow meter against the responsible technical manager, but not less than HUF 100,000 and not more than HUF 250,000;
10. in the case of construction other than the design documentation, unless the deviation is due to an unforeseen circumstance during the design
impeding the resumption of construction work already under way in accordance with the
the derogation does not affect the requirements of the competent authorities, in the consent of the owners and managers of the real estate or structure concerned
the content of the documentation prepared for the crossing of the contributors ’constructions, and new entrants, new
does not involve the involvement of real estate
a) HUF 20,000 / km or river meter against the contractor, but not less than HUF 200,000 and not more than HUF 1,500,000,
b) against the construction technical inspector HUF 5,000 / km or river meter, but not less than HUF 50,000 and not more than HUF 250,000, and
c) HUF 5,000 / km or flow meter against the responsible technical manager, but not less than HUF 50,000 and not more than HUF 250,000;
11. in the absence of the construction master log being prepared or opened
a) HUF 250,000 against the builder, and
b) HUF 250,000 against the contractor;
12. in the event of a condition endangering stability, life or health
a) HUF 50,000 / km or river meter against the contractor, but not less than HUF 500,000 and not more than HUF 5,000,000,
b) against the construction technical inspector HUF 20,000 / km or river meter, but not less than HUF 200,000 and not more than HUF 800,000, and
c) HUF 30,000 / km or flow meter against the responsible technical manager, but not less than HUF 400,000 and not more than HUF 1,500,000;
13. in the absence of a written construction contract
a) HUF 100,000 against the builder, and
b) HUF 100,000 against the contractor;
14. in the absence of a written design contract for the preparation of the design documentation
a) HUF 80,000 against the builder, and
b) HUF 80,000 against the designer;
15. in case of violation of the requirements for keeping a construction log
a) HUF 80,000 against the contractor,
b) HUF 80,000 against the technical inspector of construction, and
c) HUF 80,000 against the responsible technical manager;
16. in the absence of a written contract for the preparation of the design documentation, if the conclusion of the contract is the responsibility of the contractor
a) HUF 80,000 against the contractor, and
b) HUF 80,000 against the designer.
3. For the purposes of paragraph 2, the amount of the fine determined on the basis of the size of the electronic communications structure shall be
per kilometer started on the basis of the length, per running meter on the basis of the height of the antenna and the antenna support structure
to be calculated.
(4) As a result of the construction supervision authority inspection, the Authority shall monitor the construction process of the electronic communications structure.
against several of the same participants in connection with an electronic communications structure
(a) an increase of 50% in the building inspectorate's fine for the offense giving rise to the highest fine
amount you are
(b) the aggregate amount of the fines for the infringements found
whichever is lower.
(5) In the event of a repeated infringement, the amount of the fine shall be one and a half times the amount of the fine determined in accordance with paragraph (2).
(6) It*shall be deemed to be a repeated infringement if the infringer has committed the infringing conduct established in the official decision which has become final.
on the same legal basis and with regard to a legal provision, on the same subject matter.
(7) No fine may be imposed if five years have elapsed since the beginning of the irregularity or the commission of the infringement.
*
50 / C. § Article
50 / A. and 50 / B. In imposing the fine provided for in §§ 48-50. § provisions shall not apply.

Chapter V. *
*
CERTAIN PROCEDURES OF THE
AUTHORITY
§ 51. In* certain proceedings of the Authority, Ákr. and the rules of this Act, with the exceptions specified for each type of procedure, and
with additions.
*

Record-keeping
*
§ 52. (1)
In the performance of its official duties, the Authority shall keep official records.

2. The Authority shall keep records in particular of:
(a) electronic communications service providers and the services they provide;
(b) necessary for the performance of an electronic communications activity on an electronic communications network or the provision of a service
interface notifications;
(c) data necessary for the control of universal service providers;
(d) the sharing of electronic communications structures by several providers;
(e) individual licenses provided for in a decree of the President;
(f) reference offers and network contracts submitted to the Authority;
(g) unidentifiable numbers;
h)

*

(i) *authorized and notified electronic communications structures;
j)

*

planned, existing, dismantled electronic communications networks, electronic communications structures and associated facilities

devices.
*

(3)

Public information in official registers is accessible to anyone, unless it is legal or international

the commitment expressly restricts access to the official register.
4. Within the scope of its statutory tasks, the Authority shall keep other records as defined by the Director General.
other data, data protection and classified data protection legislation and the disclosure of data of public interest
appropriately.
*
(5) Data
processed in official registers for the Central Statistical Office - CLV of 2016 on official statistics.

in accordance with Section 28 of the Act (hereinafter: Stt.) on the basis of the preliminary verification of the statistical purpose, to the extent necessary for that purpose shall be transmitted free of charge in a manner suitable for individual identification for statistical purposes and by the Central Statistical Office
can be used for statistical purposes. The scope of the received data and the detailed rules of the data transfer are set out in Stt. Specified in § 28
cooperation agreement.
*
6. The
performance of the data required for the keeping of the register referred to in paragraph 2 ( j) , in particular

the Authority and the reporting authority may also agree on a contract.
*

General official supervision

*
*
§ 53. (1)
The Authority
is entitled, upon request or ex officio - within the framework of its tasks and powers - to carry out official control or official

to monitor the enforcement of the rule of electronic communications and the general contractual procedure within the framework of the procedure
conditions.
2. If *the Authority, as a result of the review of its official decision, finds a breach of the official decision, the matter shall be
on the basis of all the circumstances, the facts revealed during the audit and the seriousness of the infringement and the aspects of effective enforcement
considers that in the case of violation of the official decision, the Ákr. enforcement proceedings under this Act
initiate official proceedings to enforce legal consequences.
(3) In the case of violations discovered within the framework of general official supervision, the Authority shall determine the procedure specified in this Act
may apply legal consequences.
*
53 / A. § (1)
The general official supervision procedure may be preceded by an official inspection.
*
2. The
Authority shall, at the same time as it notifies the initiation of the general supervisory review procedure, invite the

the service provider concerned in relation to the submission of its position, remarks and evidence related to the subject matter of the proceedings.
*
(3) As
a result of an official inspection, the President or the Office shall

may, in its decision, call upon the client, with a precise indication of the violation of the law or the official decision, to comply with the law or the
to bring the infringement to an end and, if necessary, to restore it to its original condition.
(4) - (5) *
*
Market surveillance

*

§ 54

1. The President and the Office shall, within the limits of their respective powers, ensure the smooth and efficient operation of the electronic communications market.

electronic communications operators, the protection of the interests of subscribers and users,
to promote the maintenance of effective market competition and other supervisory objectives in order to achieve official supervision
market surveillance activities within its competence.
2. In carrying out its market surveillance activities, the Authority shall monitor the functioning of the electronic communications market,
electronic communications rules and the subscriber contract and
prepares analysis and evaluation.
(3)

*

4. The market surveillance procedure shall be initiated ex officio.
(5) As a result and result of the market surveillance procedure, the President and the Office shall, in their respective procedures,
in a single, consolidated official decision
a) evaluates the legal validity related to the services and activities that are the subject of the proceedings, in the framework of which it establishes
assess the existence of infringements, assess them individually and as a whole, taking into account each other, and determine the
legal consequences,
(b) determine, by preventing infringements, promoting voluntary enforcement, the smooth operation of market processes;
the directions, method, aspects of its development, possible transformation, communication
political conclusions.
(6) The President and the Office may, in a market surveillance decision, establish obligations as necessary and the conditions for their fulfillment.
can also determine.
7. The Authority shall draw up an annual report on the market surveillance activities of the President and the Office.
the results and findings of its market surveillance activities and the
proposals for legislative amendments arising from The report shall be drawn up by the Authority within 15 days of its adoption by the Chairperson
publish it on its website within one day.
(8) The President and the Office may carry out market surveillance activities ex officio outside the market surveillance plan.
*
(9) The
President and the Office shall exercise their market surveillance tasks and powers on the basis of this Act and special legislation.
*

54 / A. §

1. The market surveillance procedure, including the market surveillance procedure to be initiated under the market surveillance plan, may be preceded by:

market surveillance inspection.
*
(2) The
market surveillance inspection with the deviations and additions provided for in this Act shall be carried out in accordance with Ákr. official control in accordance with

it counts as.
(3)

*

(4) As a result of the market surveillance inspection, within the framework of its official competence, the President or the Office may invite the client to
with a precise indication of the breach of the law or the official decision - the breach of the law or the official decision
and, if necessary, to restore it to its original condition.
(5) There shall be no independent legal remedy against the summons referred to in paragraph (4). The call to the called customer is the non-fulfillment of the call
against a substantive official decision or order terminating the proceedings
you can challenge it.
Monitoring plan

*

*
54 / B. § Taking
into account the experience of the previous year, the Authority shall include a common supervisory plan for the President and the Office.

prepare an annual monitoring plan for the general official supervision and market surveillance procedures planned for the following year
by 1 December of the previous year and shall publish it on its website within fifteen days. The monitoring plan shall be approved by the President. THE
the supervisory plan may be reviewed at the end of the semester based on the experience of the first semester and amended with the approval of the Chairman. The amended
the Authority shall publish the monitoring plan on its website within fifteen days of the approval of the amendment.
*

Individual licenses
*

§ 55

*
(1) The
right to use radio spectrum - in cases specified by law - shall be decided by the Authority (frequency assignment,

and radio license). There is no place for a summary procedure in these proceedings. Defined by law
radio license for the use of radio spectrum obtained solely as a result of a competitive procedure (auction or tender).
may be requested on the basis of authorization. In the case of a tender procedure, the content of the right to use radio spectrum in this Act and in Section 182
For the acquisition of a right to use radio spectrum established under the authorization referred to in paragraph 3 (2)
in the manner specified in the NMHH Decree on the rules of the tender procedure and in the tender dossier, and
an official contract may also be concluded in accordance with the procedure.
*
1a. Where,
according to the tender dossier, the Authority concludes an official contract with the successful tenderer,

the Authority shall decide solely on the winner in its decision to close the auction or the tender procedure and shall
the subject and content of the auction or the tender procedure, the acquisition of the right to use the frequency, the conditions and
other decisions, provisions and conditions related to the rights and obligations related to the right to use frequency frequencies are the official
forms part of the contract. The mandatory content elements of the official contract are included in the tender documentation.
(1b) If*the Authority has established a frequency use plan established on the basis of the authorization contained in Section 182 (3) (2)
according to the NMHH Decree on the rules of the auction or tender procedure for the acquisition of the right to qualify, certain frequency blocks or
for all frequency blocks and concludes an official contract on the basis of the tender dossier
auction or tender procedure, the tender dossier shall specify that the Authority is the subject of the consolidated decision.
individually or for all frequency blocks covered by the consolidated decision
enter into a uniform official contract.
*
1c. The
tender dossier may provide for the award of public contracts on the following basic terms:

a) The decision concluding the auction or tender procedure on the merits and determining the winner of the auction or tender procedure shall be
within five days of its notification to the winner, the Authority shall, of its own motion,
initiate proceedings. The time limit for the administration of this official procedure shall be forty-five days, which may not be extended.
b) If a) authorities in the process of winning a point not to participate or impede the conclusion of the official agreement including the withdrawal of the contract by the successful tenderer, beyond the administrative deadline set out in point ( a) .
contract may not be concluded, in which case the Authority shall terminate the procedure on the forty-fifth day following the initiation of the procedure. The
procedure, there is no need for a request for certification.
*
c) The
official contract shall state the winner of the auction or tender procedure, which shall be the final conclusion of the auction or tender procedure.

cannot be concluded until the decision establishing it has become final. The period for the decision to become final is the official contract
administrative procedures for the conclusion of a) and b) do not count administration is postponed as defined above.
d) The legal consequences of the breach of contract must be specified in the official contract.
(1d) If,* pursuant to Section 44, Paragraphs (6) - (7), the auction or the
the decision determining the winner of the tender procedure has been challenged in an administrative lawsuit, the official contract until the final decision of the court
cannot be concluded. The duration of the administrative proceedings is the formal procedure for the conclusion of the official contract (paragraph 1c ( a) and (b)).
does not count towards the administrative deadline set out in
2. In*the case of a frequency assignment and a radio license for the use of frequencies for civil purposes, and in the case of a competitive procedure
the right to use frequencies and the assignment of frequencies for the use of non-civil frequencies, or
radio license shall be issued by the Office.
2a. In *order to create and promote effective competition and to avoid distortions of competition, the Authority shall
in the event of a right of use being obtained through a competitive bidding process (auction or tender), the
acquisition or existence of a right, in particular when renewing a right to use radio spectrum,
and the approval of the secondary spectrum trading agreement - contained in a decree of the President
obligations and conditions.
*

(2b)

In determining the obligations and conditions referred to in paragraph 2a, the President shall take into account the objective and conditions of competition in the market

forward-looking analysis that the obligations and conditions to be
are proportionate to achieve or maintain effective competition in the market and what those obligations and conditions are
have an impact on investments already made and planned, in particular on network construction.
*
2c. With
regard to the obligations and conditions under paragraph 2a, Articles 62 to 65 shall apply. §, § 70, § 71 and § 100

shall not apply.
*
2d. Where
the Authority imposes obligations and conditions in accordance with paragraph 2a, the Authority shall In the manner specified in § and

publish the draft measure in its rules of procedure, consult interested parties and give them the opportunity to comment
notify the RSPG of the planned action and decide on the possible application of the RSPG Voluntary Expert Procedure.
initiative.
*
(2e) The
modification of existing rights to use radio spectrum should be accompanied by the promotion of effective competition and the elimination of distortions of competition.

in a proportionate manner within the framework of official contracts already
under specific conditions or by mutual agreement of the Parties, applicable to transferable rights of use of radio spectrum
conditions.
(3) In* regulatory proceedings concerning the right to use radio spectrum, the Authority shall establish a pre-defined, open, objective, transparent,
decide on the individual authorization on the basis of non-discriminatory rules. You have the right to use the radio spectrum
The detailed rules of official procedures relating to eligibility shall be laid down in a decree of the President.
*
(4) The
term of the official procedure related to the right to use radio spectrum is 42 days. In the case of a tendering procedure, the Office shall:

decide on the application for a radio license no later than eight months after the start of the tendering procedure.
*
(5) The
frequency management authority procedure regulated in this Act shall be the technical examinations necessary for the resolution of the matter and the

may be suspended pending the completion of international coordination on radio spectrum.
*
6. The
Authority shall ensure the efficient and appropriate use of radio spectrum in order to avoid harmful interference or to prevent harm to public health.

restrict or refuse the use of radio spectrum
*
6a. A standard
that appears as a mandatory standard in a list of standards or specifications published in the Official Journal of the European Union

application is mandatory.
(7) The right to use frequencies necessary for the fulfillment of the public service obligations imposed on the public service media service provider
the request of the public service media service provider shall take precedence.
The Authority shall reject an application for use of a frequency if:
(a) the request cannot be complied with for technical or frequency management reasons;
(b) the use of the frequency would cause harmful radio frequency interference in existing or planned frequency uses;
(c) the applicant has an overdue frequency fee obligation to the Authority.
(9) At the request of the holder of the right to use the frequency, the right to use the frequency shall be revoked by the authority. Withdrawal is other
conditions shall be laid down by decree of the President.
(9a) In* determining the duration of an individual license to use radio spectrum, Article 11 / A § (3)
account should be taken of the fact that the duration of use is the professional and efficient use of radio spectrum,
market competition, efficient investment and innovation.
*
(9b) The
duration of the right and right to be acquired as a result of a competitive procedure is 15 years,

it may be extended for a maximum of 5 years under the conditions laid down in a decree of the President.
*
(9c) The
right and right to use radio spectrum resulting from a competitive procedure may be

may be renewed under certain conditions.
(10) Where the media service right is based on a broadcasting or public service contract, the
radio license on the date of expiry of the specified period specified in the contract or by mutual agreement of the contract
in the case of termination, on the date of termination, without a separate formal procedure and decision
cease.
(11) Where the media service right is based on a broadcasting or public service contract, the
radio license on the date of termination of the contract by the Media Council - for separate substantive revocation
without an official procedure and decision.
(12)

*

(12a) If,* in an administrative action against an official decision to terminate, the court has ordered a stay of
in the case of the exercise of the media service and frequency use right which is the subject of the termination, the administrative
The obligation to pay the media service fee and the frequency fee shall also be borne by the right holder until its final conclusion.
*
(12b) If,
in the course of administrative proceedings, the right holder is more than 3 months late in respect of the frequency fee. the office

may revoke the provisions of Section 37 / A-37 / C at the same time as the legal consequences of the revocation of a permit contained in Section 49 (7) ( g) . §-in
specified official measure.
(13) The radio license shall contain the scope of the license and the cases of termination in accordance with paragraphs 10 to 12.
*
(14) The
detailed rules for the right to use the radio spectrum allocated for broadcasting

Broadcasting and Digital Switchover Rules, the auctioning of the right to use radio spectrum and
issued by the President on certain rules of procedure for radio spectrum management
Regulation.
*
55 / A. § (1)
During the management of identifiers, the trouble-free, clear availability of services, the market

equal use of actors, the efficient use of identifiers in the interests of users and service providers.
(2)

*

The use of the identifiers defined in the ANFT (designation authorization) and the pre-assignment of certain identifiers

authorization) shall be authorized by the Authority. There is no place for a summary procedure in these proceedings.
3. The Authority shall take its decision taking into account the need for resources and time to implement the services.
(4) The use of the identifier shall be controlled by the Authority. The rules for the authorization and control procedure shall be laid down by decree of the President.
55 / B. §

*

(1) In the case of the acquisition of the right to use radio spectrum in a competitive procedure, and a

renewal, extension and secondary trading of competitive use of radio spectrum
the President’s decree and the Authority shall lay down in the tender dossier
ensure the optimal, efficient and effective use of the radio spectrum.
2. In the field of radio spectrum management, the Authority shall liaise with the organizations responsible for radio spectrum management, the RSPG
and participates in their operation. The Authority shall provide the RSPG and others with regard to European Union radio spectrum policy
coordination procedure with an EU Member State and a competitive tendering procedure for the right to use radio spectrum
related notification tasks.
3. Where, in connection with the sale of a right to use radio spectrum by a tendering procedure, the Authority:
holds a public hearing on the market demand and demand assessment for the use of radio spectrum, the Authority shall
shall notify the RSPG of the intended tendering procedure by sending the
decide on the possible initiation of a voluntary expert procedure by the RSPG.
4. The Authority may authorize, for a transitional period but not exceeding three years, the use of
harmonized use of all or part of the radio spectrum covered by a radio spectrum
use, including existing use, if
a) a public hearing was held in order to assess the market demand and demand for the use of radio spectrum in a prospective manner
and there is no market demand for harmonized use of radio spectrum and
(b) alternative uses of radio spectrum do not impede harmonized use in other Member States.
5. The Authority shall, on a regular basis and at least every three years, upon a market need for harmonized use of spectrum
immediately review the possibilities for alternative uses of the spectrum and decide whether to maintain the authorization, or
termination.
6. The Authority shall inform the European Commission and the other Member States of its reasoned decision under paragraphs 4 and 5.
Troubleshooting

*

*
Section*56 (1) Electronic
communication equipment, high-frequency electrical equipment and all equipment that

generates a high frequency signal or side effect during operation and contains electrical or electronic components
equipment (hereinafter together referred to as electrical or electronic equipment) capable of withstanding electromagnetic
which may be affected by such interference shall be operated in such a way that other
otherwise do not interfere with the operation of suitable electrical or electronic equipment.
*
1a. Equipment
whose function is to modify, obstruct or interfere with the normal operation of a radio equipment

impossible, may be operated for non-civil purposes only under the conditions and in the manner specified in the decree of the President
non-civilian use of users.
(2) The operator of equipment which causes a disturbance in the operation of a communication equipment shall be obliged to prevent the disturbance, the disturbance which has occurred.
eliminate.
(3) The Authority shall require the operator of the electrical or electronic equipment causing the disturbance to rectify the disturbance. If
the operator does not rectify the disturbance within the technically essential time, despite being instructed to do so,
Authority shall issue a decision ordering the filtering, relocation or limitation of the operation time of the equipment, or the disturbance in another way.
termination.
4. The decision referred to in paragraph 3 shall be taken even if the electrical or electronic equipment causing the disturbance:
appropriate and lawful in its use, unless the disturbance is
by relocating electrical or electronic equipment or its accessories
can be eliminated.
(5) Costs of rectifying the disturbance if the electrical or electronic equipment causing the disturbance is inadequate or
was illegal, the operator if the disturbed electrical or electronic equipment is not suitable for disturbance sensitivity,
then its operator is charged.
Dispute procedure

*

*
*
§ 57. (1)
A service
provider or other enterprise to which another service provider

a) in the regulation on electronic communications, in the contract concluded on the basis thereof,
(b) provided for in the network development tender, in whole or in part, from European Union funds, in respect of the successful tenderer
requirements for, or concluded on the basis of, wholesale open access obligations
contract and the network contract under this Act
has infringed a specific right or legitimate interest in electronic communications, it may apply to the Authority.
2. The Authority shall act in the Council on matters specified in paragraph 1.
3. The Management Board of the Authority (hereinafter "the Board") shall have a Chairperson and two members.
*
4. The
acting council shall be chaired by the President or, in the manner laid down in the Rules of Organization and Operation, by the President of the Authority.

designated senior employee.
5. The two members of the Board shall be appointed by the Chairperson from among the senior staff of the Authority.
(6) The provisions concerning the procedure of the acting council, which are not regulated in this Act, shall be laid down in the Rules of Organization and Operation.
included.
*

§ 58

*
(1) An
application initiating legal proceedings shall be submitted in accordance with Ákr. in addition to the provisions of the application

it must contain the facts and circumstances serving as the basis for the provisions of Section 57 (1), the basis of the applicant's infringement
specific legal and contractual provisions and proof of his right or legitimate interest.
(2) If the applicant requests the procedure council to establish the contract and determine its content, he shall, in writing,
clearly and unambiguously - to indicate the contractual content requested to be created.
3. The request may include a request for proof and a statement as to whether the applicant requests a hearing.
keeping.
(4) If* the application for the commencement of legal proceedings does not or does not adequately contain the provisions of this Act, and in the case of litigation relating to the deployment of high-speed electronic communications networks,
the acting council shall invite the applicant to rectify the deficiencies within a time limit of not more than eight days. If the
within the time limit - if the applicant does not comply or does not comply properly, the Trial Chamber shall reject the application within fifteen days.
(5) If* the request to institute legal proceedings does not or does not adequately contain the provisions of paragraph 2,
in that case, the Board of Appeal shall invite the applicant to rectify the deficiencies within a time limit of five days. If the
deadline - the applicant does not or does not properly perform, the acting council for the establishment of the contract or its content
on the basis of the information available on the subject-matter of the case and the infringement
decide or terminate the proceedings.
*
5a. Where
the Trial Chamber, in the light of the facts and circumstances

calls on the applicant to amend the requested contractual content and the client does not or does not fulfill it properly or otherwise
behaves in a manner that may result in a protracted procedure, the acting council shall establish the contract and determine its content
the decision on the basis of the information available on the subject of the case or the infringement, or
terminate the procedure.
*
6. The
request shall be sent by the acting council to the opposing client, unless it refuses, and shall be sent within a maximum of ten days.

calls for a statement and evidence to be submitted and for it to be
to send at the same time.
7. If*the Trial Chamber holds a hearing during the proceedings, it shall endeavor to reach an agreement between the Parties.
(8)

*

Establishing an agreement in a dispute procedure related to the deployment of high-speed electronic communications networks

the acting council shall hold a hearing. If at the hearing either of the parties does not appear despite the proper summons or
leave the place of proceedings without authorization and shall not be absconded for good reason or
within 30 days and if he appears in a condition unfit for the summons and this
does not save or otherwise engages in conduct that prolongs the proceedings, fails to reveal the facts
resulting in the procedural council imposing a procedural fine on the client. With regard to the amount of the procedural fine, Section 38 (2), (3) and (5)
with the exception that, under net sales, the net sales of the participant in the proceedings under the Accounting Act
should be understood as sales.
Section* 59 (1)* The parties and other interested parties may be present at the hearing pursuant to Section 58 (7) in person or through their representatives,
they may make a statement and make observations, submit evidence before the end of the hearing. The hearing is not public.
(2) Absence of persons duly summoned or notified to the hearing shall not prevent the holding of the hearing and the settlement of the matter.
However, he may excuse his absence in advance with the good reason given, notified, in which case the trial council may adjourn the hearing.
(3) There is no need for a certificate due to the failure to hear. The acting council, however, if one of them did not appear
considers it necessary, in view of this, to postpone the hearing by setting a new deadline for negotiations.
(4) Unless otherwise provided by this Act, the applicant shall be obliged to substantiate the factual and legal basis of the contents of the application.
prove.
(5) The acting council may oblige the client with a conflict of interest to provide information and make a statement.
(5a)

*

If the opposing client does not or does not properly comply with the acting council to make a statement or

obligation to provide information or otherwise engages in conduct which prolongs the proceedings,
may result in the failure to disclose, the acting council
obligation to provide information and at the same time impose a procedural fine. If the opposing client is the re-declaration or
fails or fails to comply with an obligation to provide information or otherwise engages in conduct that constitutes proceedings
may delay the discovery of the actual facts, the acting council may decide on the basis of the available data.
With regard to the amount of the procedural fine, Section 38 (2), (3) and (5) shall apply, with the exception that during net sales the
shall be understood as the net turnover of the participant in the procedure according to the Accounting Act.
*
5b. Where
the acting council requires the requesting client to make a statement or provide information and the client does not or

improperly performs or otherwise engages in conduct that prolongs the proceedings,
the acting council shall, at the same time as requiring the re-declaration or
may be subject to a procedural fine. If the customer does not or does not properly comply with the obligation to make a repeated statement or disclosure
performs or otherwise engages in conduct that prolongs the proceedings, fails to disclose the facts
the acting council shall decide on the basis of the information available or shall terminate the proceedings. Amount of the procedural fine
§ 38 (2) - (3) and (5) shall apply, with the exception that the net participant
shall be understood as net sales according to the Accounting Act.
6. The Trial Chamber may, on application or of its own motion, take interim measures in an ongoing case if it is established that:
that, in the absence of an interim measure, a breach of the rules, in particular the principles, of this law is serious, otherwise not
there is or is likely to be a tort / delict and the disadvantage of the measure does not exceed
benefits of the measure.
(7) As an interim measure, the acting council may prohibit the exercise of the activity, determine the
conditions and an obligation.
(8) The provisional measure shall remain in force until the proceeding is finally concluded. The interim measure is taken by the acting council during the proceedings
upon request or ex officio.
*
(9) An
order granting an interim measure may be challenged in an administrative lawsuit, the court in a simplified lawsuit within fifteen days

decide.
(10) The procedural council shall not issue a separate order regarding the rejection of the interim measure, the reasons for the rejection shall be submitted to the dispute procedure.
final decision on the merits.
*
§ 60. (1)
The proceeding council is entitled in legal dispute proceedings to conclude a contract existing on the basis of the rule concerning electronic communications.

in the case of an obligation, in the absence of an agreement between the parties on the content of the contract - the provisions of Section 58 (2)
upon appropriate request - to establish, amend and determine the content of the contract.
(2) If legal proceedings may be initiated in accordance with this Act for the consideration of an electronic communications service, the
the Council may, at the same time, determine the lawful price and
may oblige the electronic communications provider to apply a lawful price.
(3) With the reference offer or between the obligated service provider and the eligible service provider on the basis of or outside the reference offer
in disputes related to a contract to be concluded for access or interconnection, the acting council shall act in a separate legal act
with certain derogations.
*
§ 61. (1)
If the dispute pursuant to § 57 (1) a) is a service provider established in Hungary and another Member State

(hereinafter referred to as a cross-border dispute), any interested party shall bring an action before the Authority.
can initiate. The dispute procedure is governed by Articles 57 to 60. § shall apply with the exceptions contained in this §.
2. Where a cross-border dispute affects trade between Member States, the Authority shall decide on the substance of the dispute.
inform BEREC of the initiation of the dispute in order to obtain its opinion on its content. The Authority shall be BEREC
suspend the dispute proceedings pending its opinion.
3. In order to resolve a dispute, the Authority shall cooperate with the electronic communications services of other Member States which have requested the Authority.
regulatory authority.
4. In the case referred to in paragraph 2, the Authority shall, within a period of no more than one month from the receipt of the opinion of BEREC,
within which it is required to take a decision terminating the dispute proceedings.
(5) In order to protect competition and the interests of end-users, the Authority shall, in urgent and exceptional cases, comply with Section 59 (6) - (8).
may take an interim measure in accordance with
*
61 / A. § The
rules on appeals against decisions of the President shall apply to appeals against decisions of the Plenary Council.

with the exception that 83 / B. § (1), § 90 (7), § 94 (2f) and 99 / C. § (2) in legal proceedings
in the case of a decision taken, there is no need to order the application to have suspensory effect.
VI. Chapter *
*
MARKET REGULATORY PROCEDURES
Market definition, identification of service providers with significant market power and imposition of obligations

*

§ 62. (1)* The President shall identify the relevant markets, analyze the competition in the relevant markets and its efficiency, and
where competition is not effective,
a) identifies the service provider (s ) with significant market power in the relevant markets; and
b) the service provider or service providers with significant market power in accordance with Articles XI-XIV. at least one of the obligations set out in Chapter
imposes an obligation on either the SMP operator in its decision in the previous market analysis procedure
maintains or amends at least one of the obligations set out in this Regulation, in particular where the benefits to end-users
would not be adequate without obligations.
(2) Decisions and recommendations of the President of the European Commission on the harmonized application of the law on market definition and market analysis
accordance with the relevant rules of competition law, taking into account the conditions of competition in the geographic market, and
differences in the characteristics of end-users and specific to each geographic market
infrastructure-based and other levels of competition, and may take into account 83 / C. § the results of the geographical survey and evaluation.
3. The President shall refer to a market other than that covered by the Commission Recommendation on relevant product and service markets.
may be identified if the conditions laid down in the President's decree are met.
4. On the basis of the market analysis, the President shall identify as a service provider with significant market power a service provider which:
in a relevant market in which economic competition is not effective, alone or jointly with other service provider (s)
is in a dominant position, ie in an economic situation which allows it to operate from competitors, customers, and
ultimately largely independent of end users.
5. The Chairperson shall provide a service provider with significant market power in one of the relevant markets
may also be identified as having significant market power in the relevant market, provided that the relationship between the relevant markets allows
service provider to transfer its dominant position in one market to another closely related market. The related
market, where appropriate, in accordance with the principle of proportionality, for a service provider with significant market power, in accordance with Article 106.
with the exception of the obligation set out in Annexes XI to XIV. The obligations set out in this Chapter may be imposed.
6. If, on the basis of a market analysis, the President, a President with significant market power at the time the market analysis begins,
does not define a service provider as a service provider as a service provider with significant market power;
identification of such a service provider as having significant market power.
(7) If in its decision the European Commission has identified a transnational market which also affects the territory of Hungary as a relevant market, the
President shall identify the service provider with significant market power in the relevant market, the market analysis of the Member State or Member States concerned
in cooperation with the electronic communications regulatory authorities. The President shall prescribe the obligations under paragraph 1,
the Member State or Member States concerned by the regulatory authority for electronic communications
in accordance with a draft measure of the regulatory authority or authorities of another Member State.
8. In the case referred to in paragraph 7, the Chairperson and the national regulatory authority concerned shall jointly notify the Commission, BEREC and the
electronic communications regulatory authorities of the Member States on market analysis and regulatory obligations
by sending a draft decision on their draft measures published in accordance with Section 71 (1).
9. The Chairperson, together with the regulatory authority or authorities of another Member State, may request BEREC, stating the reasons, to:
carry out an analysis of the identification of a potential transnational market.
The Chairperson, in cooperation with the national regulatory authority of one or more other Member States, shall either:
in the absence of transnational markets, analyze the
competition and, in the absence of effective competition, identify the service provider or providers with significant market power,
provided that the cooperating authorities consider that the market conditions under their jurisdiction are sufficiently uniform. In this case
the national regulatory authorities concerned shall jointly notify the European Commission, BEREC and the electronic communications
regulatory authorities on the draft decision pursuant to Section 71 (1).
(11) The Chairperson may jointly request BEREC, together with the regulatory authority or authorities of another Member State, stating the reasons,
to carry out an analysis of one or more of the issues listed in the European Commission Recommendation on Relevant Product and Service Markets
transnational end-user demand for products and services offered on the market.
*
§ 63. (1)* The President
shall notify the service provider with significant market power in the market in which the service provider has significant market power.

justified by the barriers to competition identified by the market analysis, to the extent set out in Article 2.
an obligation or obligations complying with the requirements of Annexes XI to XIV. of the types of obligation set out in this Chapter,
taking into account, as far as possible, the costs and benefits of introducing the obligation, or maintain it in force,
or modifies an obligation previously imposed on a service provider with significant market power. If the market under study
transnational demand has been identified, the Authority may take
aspects.
*
1a. The
maintained, modified obligation provided for in paragraph 1 shall apply to a service provider identified as having significant market power.

even if the electronic communications network covered by the obligation does not have significant market power
Page 4

service provider is the operator. In that case, the provider with significant market power shall be required, maintained or modified in accordance with paragraph 1
obligation of the President 62-65. § in accordance with the rules and in the manner specified in its decision.
1b. In*order to ensure that the obligations contained in the decision referred to in paragraph 1 are maintained after the decision has been taken
meet the requirements set out in paragraph 1, the President shall monitor new market
changes, including commercial and co-financing agreements between service providers, and 66 / B. § (8)
assess the effects of the voluntary commitment on competition in the case of a decision under If the market changes, the new
justified by the importance of market conditions, the President shall carry out a new market analysis in accordance with Section 65 (3) and (4). If
market developments, a new market analysis not justified by the importance of new market conditions, the
In order for the requirements to take effect, the President may amend, cancel or impose new obligations
may prescribe.
*
1c. When
imposing obligations, the Chairperson shall, where applicable, the network or part of a network affected by the obligation

In the event of decommissioning or replacement with new infrastructure, the network obligations are set out in detail
detailed conditions for decommissioning and replacement, and
appropriate pre-notification and changeover period and, where competition and end-user
necessary to ensure access to the newly created infrastructure
the availability of alternative access services. The President of the 62-65. § in a decision made by a significant market
prior notification to the Authority of the plans of the incumbent for decommissioning or replacement
rules.
*
(2) Between
the Member States of the European Economic Area, as defined in the decision of the European Commission, which also affects the territory of Hungary

the President to impose, maintain, amend or repeal obligations
It shall do so in cooperation with the electronic communications regulatory authority of the Member State concerned.
3. In the event of a succession in the case of a service provider with significant market power, the President shall, at the request of the service provider,
under the contract that the successor service provider or providers
which is loaded with what content.
(4) If the President terminates the identification of a service provider as a service provider with significant market power, in its decision
any obligations incumbent on such a service provider in view of its identification as having significant market power
terminate its application.
*
(5) The
President shall amend or terminate the obligation imposed on the service provider with significant market power

may maintain the obligation to be amended or terminated in its decision for a transitional period set out in the decision. The
the length of the transitional period, the President shall be the beneficiaries of the obligations imposed on the service provider with significant market power; and
the time needed to ensure a sustainable transition for end - users, the choice of end - users, and
determined on the basis of the required duration of the regulation. The transition period is determined by the President with specific conditions and notice
between the provider with significant market power and the beneficiaries of the
in the context of network contracts for
*
63 / A. § (1)
If a service provider with significant market power carries out only wholesale activities, the President - a

Contrary to the provisions of Section 63 (1) - Articles XI-XIV. of the types of obligation specified in Chapter 104, only in Section 104, Section 106
and the application of reasonable and fair prices within the framework of the obligation under Section 108
may impose an obligation if the undertaking identified as having significant market power is likely to behave
justified on the basis of a market analysis including a forward-looking assessment.
(2) A service provider shall be deemed to be a service provider engaged only in a wholesale activity if:
(a) the service provider and all economic operators under the majority influence or control of the service provider, all
an economic and business entity, and all entities in which the same third party or entity exists
has a majority influence or control over, as in the service provider, exclusively electronic communications services
wholesale markets or, accordingly, to end-users within the Union
does not operate in the retail market for electronic communications services provided; and
(b) the provider is not bound by an exclusive agreement or is equivalent in practice to an exclusive agreement
an agreement under which there is only one separate undertaking at a lower level in the supply chain
active in the retail market for electronic communications services to end-users.
3. In the event of a change in the conditions set out in paragraph 2, the service provider with significant market power shall:
notify the Authority without delay and at the latest within eight days of the occurrence of the circumstance giving rise to the notification.
to report.
(4) If the conditions set out in subsection (2) are no longer met, the Authority shall comply with the provisions set out in subsections (3) and (4) of Section 65.
acting properly.
(5) Where the Authority finds that a service provided by an undertaking engaged only in a wholesale activity
conditions have given rise to competition concerns to the detriment of end-users or the emergence of competition concerns
likely, the Authority will carry out the market analysis without delay in accordance with Section 65 (3) and (4), and
may decide in § 102, § 105, and 106 / A. § or § 108, and (1)
amending the obligations imposed pursuant to paragraph 1.
§ 64

*

If, in exceptional and duly justified cases, the President decides in accordance with Articles XI to XIV. other than those specified in Chapter

intends to impose an interconnection obligation on a service provider with significant market power
shall submit its draft decision to the European Commission for prior approval, giving detailed reasons. From the submission of the draft decision
Pending the decision of the European Commission pursuant to Section 71 (9), the proceedings of the President shall be suspended.
*
*
§ 65. (1)
The President
shall conduct the market analysis on the affected markets regularly, but at least by prescribing the previous market analysis and obligation.

within five years of the completion of the procedure. However, this period shall not exceed one year
may be renewed if the Authority notifies the proposed extension no later than four months before the end of the five-year period.
shall send a reasoned notification to the Commission within one month of the notification.
raises no objections.
2. In *the case of relevant markets not previously notified to the Commission by the President, the market analysis shall be carried out by the Commission concerned
within three years of the adoption of the revision of the Recommendation on Product and Service Markets.
2a. If *the President considers that, within the time limits laid down in paragraphs 1 and 2, the
procedure for analyzing a relevant market and imposing an obligation, as identified in its Recommendation on Services Markets
may not be carried out or has not been carried out within the prescribed time limit, it may request BEREC to
market and the specific obligations to be imposed. In this case, the President shall prepare it in accordance with Section 71 (3)
the draft decision.
Where the Authority becomes aware of a relevant factor for the assessment of competition in a relevant market, it shall:
The Chairperson shall conduct the market analysis in the relevant market or markets concerned without delay.
3a. An* electronic communications service provider is a relevant factor in assessing competition in a relevant market
may also notify the President. The notice shall state the circumstances giving rise to the proceedings of the President and the grounds on which the notice is based
facts.
*
3b. The
President shall, on the basis of the notification, consider ex officio market analysis and the procedure for imposing an obligation

you can start. If the Authority does not initiate proceedings on the basis of the notification, it shall inform the
notifier.
*
3c. The
notifier shall not be the subject of an official legal procedure initiated on the basis of the notification;

does not have the right to appeal against an official decision taken ex officio under
if the President also initiates the proceedings of his own motion against the applicant.
*
(3d) The
notifier may request the confidential treatment of his data.

(4) If based on the results of the market analysis carried out
(a) the definition of a new relevant market or markets,
(b) the cessation of the designation of a market or markets as a relevant market,
(c) identifying or eliminating a service provider with significant market power, or
(d) imposing, amending or withdrawing an obligation on a provider with significant market power
it becomes necessary, the President shall take a decision out of turn following the procedures provided for in § 40 and § 62.
Section*66 (1) If the Authority § requires an obligation for functional separation
submit an application to the Commission containing:
(a) the Authority in accordance with Article 108 / B; § (1) in support of its findings;
(b) evidence that there is no or very little chance of an effective and efficient
sustainable infrastructure-based competition;
(c) the Authority, the provider concerned, in particular the workforce employed by the unbundled provider, the electronic
the telecommunications sector as a whole and, taking into account in particular the need to ensure social and territorial cohesion,
the expected impact on investment in the sector and on other stakeholders, in particular infrastructure-based competition
an analysis of the expected impact and possible effects on consumers; and
(d) an analysis of the reasons why this obligation would address the identified competition concerns, market
the most effective means of implementing failure management tools.
2. The draft functional separation obligation submitted to the Commission shall include the information set out in Article 108 / B. § (3)
content elements set out in
Where the European Commission authorizes in a decision the imposition of an obligation for functional separation, the
Authority in Articles 62-66. Performs a coordinated analysis of the markets affected by the measure. On the basis of its assessment, the Authority shall:
62-66. § decides on the establishment, maintenance, amendment or withdrawal of obligations in accordance with the provisions of §. If the
an undertaking subject to functional separation with significant market power in a relevant market as decided by the Authority
shall be subject to any of the conditions set out in Annex XII for that market. obligation set out in this Chapter,
and 62-65. § any other obligations imposed pursuant to.
*
Voluntary separation of a service provider with significant market
power

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*
66 / A. § (1)
A service provider with significant market power in one or more relevant markets shall notify the planned legal transaction at least in advance

three months in advance, shall inform the Authority if
(a) plans all or a significant part of its local access network assets to another owned economic operator
to transfer, or
(b) intends to set up an independent business to provide its own retail service providers
provide fully equivalent access services, including its retail division.
2. A service provider with significant market power shall notify the Authority of the legal transaction indicated in accordance with paragraph 1.
change in its related plans and the outcome of the division process in the circumstances giving rise to the notification.
within 15 days of its occurrence.
(3) Following the notification pursuant to subsection (1), with the exception of subsection (4), the President shall, in accordance with Section 65 (3) and (4),
carry out a coordinated analysis of the markets affected by the split-up and assess the
significantly affect the obligations imposed under this Act.
(4) If, in the context of a legal transaction under paragraph 1, the service provider with significant market power is the third party to its network
to ensure effective and non-discriminatory access for the parties to the implementation of voluntary unbundling
voluntary commitment on the conditions of access applicable during the period and after the voluntary separation
the Authority shall submit an application for approval in accordance with Article 66 / B. Act in accordance with §.
(5) If, legally or operationally, it is an independent economic entity with significant market power in a market by decision of the President
shall be subject to any of the conditions set out in Annex XII for that market. obligation set out in this Chapter,
and any other obligation under § 64, if voluntary separation cannot be adequately secured in accordance with § 2.
achievement of specific goals.
Procedure for voluntary commitments

*

*
66 / B. § (1)
A service provider with significant market power in the access to its network or in the joint investment of its network

voluntary commitments on the conditions for its development and may initiate in a request to the President
official approval of these commitments.
2. Voluntary commitments under paragraph 1 may include in particular:
a) to enter into co-operation agreements affecting the application of the obligations imposed pursuant to Section 63;
(b) the provision of an ultra-high capacity network with fiber to the end user's access point or base station;
components, such as in particular co-financing or joint responsibility or
to offer a long-term risk-sharing option to another electronic communications service provider; or
(c) during the period of implementation of the voluntary separation of the service provider with significant market power and after the voluntary separation
applicable effective and non-discriminatory access conditions to its network 66 / A. §
to ensure.
(3) For the purpose of evaluating the commitments offered on the basis of the request pursuant to paragraph (1), the President shall, in accordance with Section 40 (5) and (6),
consult interested parties on the commitments and possible amendments
in order to. Conciliation may be dispensed with if the application manifestly does not meet the conditions laid down by law.
4. In the light of the outcome of the procedure under paragraph 3, the President shall examine in detail the
commitments contained in the request that:
a) whether they comply with the criteria, requirements and conditions specified in Section 63 (1) and the Decree of the President;
(b) the terms of the commitments are reasonable and equitable;
(c) the commitments are available to all market participants;
(d) access under fair, reasonable and non-discriminatory conditions, including extremely high capacity
access to networks - is available before the start of the provision of subscriber services; and
(e) whether the commitments contribute to the development of sustainable competition in the markets for subscriber services; and
for the collaborative deployment and exploitation of extremely high capacity networks, end-user interests are appropriate

in order to prevail.
5. On the basis of the procedure under paragraph 3 and the results of the inquiry under paragraph 4, the President shall inform the
preliminary findings on the legal adequacy of the commitments, as appropriate
including the conditions under which commitments may be officially approved.
6. A service provider with significant market power shall, taking into account the preliminary findings of the Authority under paragraph 5,
may amend the application under paragraph 1 on several occasions.
(7) If the application does not meet the conditions laid down by law, or if the voluntary undertaking undertaken by the service provider with significant market power
commitments do not comply with paragraph 4, even after any amendment pursuant to paragraph 6
criteria, the Authority shall reject the application.
8. If the President finds that a request under paragraph 1 and the voluntary commitments contained therein comply with
the requirements and conditions specified in this Act and the Decree of the President, with the exception of paragraph 11,
approved the request in its decision and in part or in full in accordance with the detailed rules laid down in a decree of the President
or, if the request is for an undertaking as referred to in paragraph 2 ( b), and
undertaking with significant market power for at least one joint investment
voluntary commitments offered by a service provider with significant market power
and sets out the duration and conditions for the application of voluntary commitments.
9. If , on the basis of a request under paragraph 2 ( b) , the President, in his decision under paragraph 8,
and the service provider with significant market power has entered into a co - investment agreement with at least one co - investor
co-investment offer, the President may not, with the exceptions set out in paragraphs 12 and 13,
market definition within a specified period of time, service providers with significant market power
in the procedure for identifying and imposing obligations. additional obligations under this chapter are extremely high
elements of the new capacity network covered by the commitments.
(10) In the case of a request pursuant to paragraph (2) ( c) , the President shall, in accordance with the provisions of Section 65 (3) and (4),
coordinated analysis of the markets affected by the unbundling and assess the extent to which the voluntary commitments proposed by the service provider
existing regulatory obligations imposed under this Act.
11. If the President finds that a request under paragraph 2 ( c) and the voluntary commitments contained therein
meet the requirements and conditions specified in this Act and the decree of the President, the President in accordance with paragraph (8)
decides in its decision only on the approval of the application, the conditions and provisions related to the voluntary commitment a
The decision concluding the market analysis procedure pursuant to paragraph 10 shall be included in accordance with the detailed rules laid down in a decree of the President. If the
legally or operationally an independent economic entity with significant market power in a market by decision of the President
shall be subject to any of the conditions set out in Annex XII for that market. obligation set out in this Chapter,
and any other obligation under § 64 if the voluntary commitments are not adequately provided for in § 2
specific objectives.
(12) Where significant competition concerns in a given market related to ultra-high capacity networks are
cannot be managed in any other way due to its specific characteristics, the extremely high capacity new network is subject to the commitments
may also provide for the or maintain or amend such additional obligations under this Chapter
obligations in the event that commitments under paragraph 2 are made by decision under paragraph 8
made it mandatory.
(13) The President aims to define the market, identify service providers with significant market power and impose obligations
the very high capacity new network - the commitments made binding in the decision under paragraph 8
may also provide for Annex XII additional obligations under this Chapter or may maintain or amend them
such obligations with regard to conditions which are intended to remedy obstacles to competition and which are independent of:
Commitments made by decision of the President pursuant to paragraph 8.
(14) Before the expiry of the period of commitment set out in the decision, the President shall examine the
the justification and proportionality of maintaining the commitment and decide on the binding commitment to take effect
holding.
Decommissioning of a network or part of a network or approval of its replacement by new infrastructure
*

66 / C. §

*

(1) A service provider with significant market power shall comply with Articles 62 to 65 of the President. §

Prior to the dismantling or replacement of the network or part of the network affected by the obligation, the President shall: 62-65. §
to submit an application for approval of the method and conditions for dismantling or
to the President.
(2) In case of doubt, the service provider shall bear the burden of proving that the contents of the application comply with the requirements set out in Section 63 (1c).
conditions and specifications.
(3) If the application is technically and economically justified and the contents of the application comply with Section 63 (1c)
the President shall approve the request in a decision, failing which it shall establish the request
the manner and conditions of dismantling or replacing a network or part of a network.
(4) In the course of the procedure provided for in this Section, the Authority shall act in accordance with the provisions of Section 40 and Section 71. ”
Accept reference offer

*

*
§ 67. Service
provider obliged to publish a reference offer pursuant to a decision of the President or by law (for the purposes of this § and § 68

hereinafter referred to as the “obligated service provider”) with the content specified in this Act or in the resolution of the President
submit the draft reference proposal to the President for approval.
*
67 / A. § (1)
The President shall examine the draft reference offer submitted for approval by the obligated service provider in order to

e of the rules on electronic communications.
2. If *the President finds that the draft reference proposal submitted to him is incomplete and cannot be considered or otherwise
complies with the electronic communications rule or the required data has not been attached to it, the obligated service provider
by setting an appropriate deadline for rectification of deficiencies and, if clarification of the facts so requires, by making a statement,
and may provide information.
*
(2a) On
the basis of the draft reference offer submitted pursuant to Section 67 and the decree or resolution of the President, the obligated service provider

other documents that must be attached must not be withdrawn during the proceedings and may only be withdrawn in accordance with paragraph 2
may be amended or supplemented on the basis of
3. In*case of doubt, the burden of proving that the draft reference offer complies with the electronic
rules on communications.
3a. If,*after paragraph 2, the draft reference offer remains incomplete and cannot be considered, or
otherwise does not comply with the rule for electronic communications, the President may
content.
4. The Chairperson shall publish the decision on the approval and the reference offer on the Authority's website. The President a
the date of entry into force of the reference offer or parts thereof. The
The reference offer approved by the President shall be submitted by the service provider concerned within 5 days of receipt of the decision on the Internet
published on its website.
(5) In justified cases, the President is entitled to prescribe the amendment of the approved reference offer ex officio.
*
67 / B. § The
procedure for amending the reference offer on request is related to the approval of the reference offer

The rules of procedure shall apply, save as otherwise provided in the order of the President.
*
*
67 / C. § (1)
If the
President establishes in his decision that he is no longer a service provider who is a previously obligated service provider

obligation to publish a reference offer, from the date on which this Decision becomes final
is obliged to conclude a contract according to the reference offer if it was initiated by another service provider before it became final.
2. Contracts concluded on the basis of a reference offer shall be concluded by the obligated service provider on the day referred to in paragraph 1, if the indefinite
can be terminated with a notice period of at least 90 days. If the fixed-term contract is longer than 6 months
time remains, in this case the obligated service provider may also exercise its right of termination with a 90-day notice period.
Approval of the accounting separation statement

*

§ 68. (1)* The service provider obliged to keep the accounting records separately (hereinafter: accounting separation) shall
the NMHH Decree on the detailed rules for the separate management of accounting records and the
accounting separation statement drawn up in accordance with the content laid down in
within 45 days of the adoption of the statutory annual report, submit it to the President for approval.
2. If the President finds that the accounting separation statement submitted to him is incomplete and cannot be adjudicated, or otherwise
does not comply with the rules for electronic communications or is not accompanied by the required data, the obligated service provider
by setting an appropriate deadline for rectification of deficiencies and, if clarification of the facts so requires, by making a statement,
and may provide information.
3. The obligated service provider may not withdraw the accounting separation statement submitted in accordance with paragraph 1 during the procedure,
and may amend or supplement it only on the basis of the obligation under paragraph 2.
*
Telecommunications sector inquiry

§ 69. (1)* The President shall evaluate the enforcement of the provisions contained in this Act and the authority of the authorities pursuant to this Act.
in order to detect the need to apply. where price movements or other market conditions suggest that
competition in one of the telecommunications markets is distorted or restricted, in order to understand and assess market developments;
initiate an official control procedure.
2. This procedure of the President shall be without prejudice to the Office of the Hungarian Competition Authority's ruling on the prohibition of unfair market conduct and restriction of competition.
statutory power to conduct a sector inquiry.
*
(3) The
President shall notify the electronic communications service providers of the commencement of the official control by means of a notice, the provisions of which are set out in Art.

the subject matter and a brief description of the case, notwithstanding the relevant provisions of The grounds for the order shall also state that
the market conditions under which it is necessary to initiate a sector inquiry. The order is announced by notice to the Authority
posted on its notice board and published on the Authority's website. The order initiating the proceedings shall be lodged with the
shall be deemed to have been served on the fifteenth day following the publication of the notice.
4. If, as a result of an official inspection, the President finds that, as a result of the market developments examined, the
competition in one of the markets may be distorted or restricted and, in its view, this may not be achieved through the exercise of powers under this Act
remedy, it may initiate the initiation of the competition supervision proceedings of the Hungarian Competition Authority.
(5) On the initiative of the President pursuant to paragraph (4), the Office of Economic Competition shall refrain from initiating the competition supervision procedure,
if it is the subject of a sector inquiry under the same investigation, for the same period, or if it is the same
has previously carried out a sector inquiry into the subject for the same period. About this fact the Economic Competition Authority to the Authority
informs.
(6) If the initiation of a competition supervision procedure is not justified or is not possible due to lack of competence, or
the identified market problem cannot be remedied within the Authority's own competence, it shall inform the legislative body.
Procedures for obligations that may be imposed regardless of market power

*

*
§ 70. (1)
The President shall only apply to service providers without significant market power in accordance with Article XI. obligations set out in this Chapter

you can charge.
2. Where proceedings are instituted of their own motion, the obligation provided for in paragraph 1 may be imposed, amended or maintained,
procedure for imposing obligations on a service provider with significant market power
shall be properly applied, with the exception that the relevant market is replaced by the network elements and
related assets are determined instead of a service provider with significant market power.
3. Where proceedings are instituted on application, the rules of procedure of the dispute shall apply mutatis mutandis, with the President
is entitled to initiate ex officio proceedings against the service provider participating in the proceedings in order to comply with Annex XI. according to chapter
obligations on the obligated service provider vis-à-vis all service providers.
*

Consultation with the European Commission, BEREC and Member States' electronic communications regulators
*
§ 71. (1)
After the consultation with the interested parties, the President

(a) the definition of the relevant markets,
(b) the identification of providers with significant market power and the imposition, modification, maintenance or enforcement of obligations; or
to repeal, or
(c) imposing, amending or withdrawing an obligation on a provider without significant market power
publish a draft decision on the
2. The President shall make the draft decision referred to in paragraph 1, together with a detailed statement of reasons, available to the Commission,
BEREC and the regulatory authorities for electronic communications in the Member States where the envisaged decision is between Member States
trade and unless otherwise provided in a Commission recommendation or guideline. From the information
the President may not take the envisaged decision within 30 days of the
me.
(3) In the case of a request pursuant to Section 65 (2a), the draft resolution of the President pursuant to Section (1) shall be submitted in accordance with Section 65 (1) and (2).
no later than six months after the expiry of the period referred to in paragraph 1 and shall make it available with a detailed justification.
the European Commission, BEREC and the regulatory authorities for electronic communications in the Member States.
4. Where a decision pursuant to paragraph 1 is taken with a view to the official approval of a voluntary commitment, the
In addition to paragraph 2, the President shall make available Article 66 / B. § (8).
5. A draft measure of an electronic communications regulatory authority of another Member State pursuant to paragraph 1 shall be
you may comment within 30 days of
(6) Where the European Commission, BEREC or a regulatory authority for electronic communications in a Member State so decides
within 30 days of receipt, with the exception of paragraph 7, the President shall
shall take its decision taking the utmost account of those comments. The President accepted
inform the Commission of its comments. The President shall inform the President of the final decision taken in the cases referred to in paragraph 1
Commission and BEREC.
7. If, within 30 days of the communication referred to in paragraph 2, the Commission informs the President that:
considers that the measure contained in the draft decision under paragraph 1 would impede the internal market or its
the President may not take a further 60 days from receipt of the Commission's objection
with the exception of the provisional decision pursuant to paragraph 13, the decision affected by the objection if it is between Member States
may affect trade and
(a) decides on a market other than those identified in the Commission Recommendation on relevant product and service markets
apply a relevant market definition, or
(b) designation or de-designation as a service provider with significant market power.
8. If, within 60 days of receipt of the notification from the European Commission pursuant to paragraph 7, detailed
in its decision to withdraw the draft decision or to amend it,
within six months of the decision of the European Commission
to act. In the event of an amended draft decision, the President shall repeat the procedure pursuant to Section 40 and (1) to (6).
9. If, within 30 days of the communication referred to in paragraph 2, the Commission informs the President that:
considers that a draft decision under paragraph 1 ( b) and (c) would impede the internal market or
the President may not take a further 90 days from receipt of the
With the exception of an interim decision pursuant to paragraph 13, a draft decision
contained in the draft decision sent to the Commission, 100-108 / B. § imposing, amending or
revocation.
10. Within the 90-day period referred to in paragraph 9, the Chairperson shall cooperate closely with the European Commission and BEREC in
to enforce consistent regulatory practice and develop obligations that are best suited to regulatory objectives.
The Chair may, taking the utmost account of the opinion of the European Commission and BEREC, amend, withdraw or
may justify the draft decision and inform the Commission and BEREC
by making it available.
11. The European Commission may, within one month of the expiry of the time limit laid down in paragraph 9,
Comments pursuant to paragraph 9 or in its recommendation to amend the draft decision pursuant to paragraph 1 ( b) and (c) ,
may request the President to revoke it. The recommendation of the European Commission shall not be binding on the President if, however, the President is in the recommendation
maintain the draft decision, it shall give detailed reasons for its decision. The President on the recommendation or the Commission
within one month of the withdrawal of the objection - which period may be extended for the conduct of the proceedings pursuant to Section 40
send the final decision adopted to the European Commission and BEREC.
(12) If, in order to impose a planned obligation under paragraph (9), the provisions of Article 100 / A. § (2), or 66 / B. § (2)
For the case referred to in point 66 / B. § (8) and in the detailed reasoned decision of the Committee a
order the President to withdraw the draft decision, the President shall act in accordance with the procedure laid down in paragraph 8.
13. In cases of extreme urgency, in order to protect competition and consumer interests, the President may take an interim decision
in matters referred to in paragraph The President shall immediately forward the provisional decision, together with the detailed reasons therefor, to the European Parliament
The Commission, BEREC and the regulatory authorities for electronic communications in the Member States. The President is the interim decision
on the basis of the comments, objections or decision pursuant to paragraphs 6 to 9, as well as the
within fifteen days of receipt of the decision.
VII. Chapter *
*

72-73. §

VII / A. Chapter*
*
The National Communications and Informatics Council
73 / A-73 / C. §*

THIRD PART
RULES APPLICABLE TO ELECTRONIC COMMUNICATIONS SERVICES AND ACTIVITIES

VIII. Chapter
CONDITIONS FOR THE TAKING UP OF THE ELECTRONIC COMMUNICATIONS ACTIVITY
Eligibility to provide electronic communications services

§ 74. (1) To* operate an electronic communications network in the territory of Hungary and to provide services on an electronic communications network
provided by any natural person, legal entity or unincorporated entity under this Act or separately
if the conditions set out in the legislation are met.
*
(2) An
electronic communications service provider is entitled to operate an electronic communications network, electronic communications

electronic communications service on the network and to submit a request to the Authority for radio spectrum or
an individual permit for the use of identifiers and the right to build electronic communications structures
in order to obtain.
*
2a. The
operation of an electronic communications network, the provision of electronic communications services, the

rights and conditions related to radio spectrum and identification management
may be amended in an objective and proportionate manner in the case provided for by law.
*
2b. The
Authority shall establish a framework for the establishment of an electronic communications structure for the provision of electronic communications services.

license or rights of use related to identity management only in the case and in the manner specified by law
restrict and withdraw.
*
(3) If,
pursuant to a separate legal act, in order to acquire the right to use radio spectrum necessary for the provision of the service

no individual permit is required, the service can be provided freely.
*
(4) The
electronic communications service provider shall charge the fees for the electronic communications services provided by it for the electronic communications.

within the framework of the relevant rules.
(5) If* an economic operator, administrative body or end-user provides exclusively via a radio local area network
access to a public electronic communications network shall not be subject to the provisions of Articles 76 to 78 / A. § and 99 / B. § and
99 / C. § if
(a) the provision of access does not form part of its economic activity, or
b) the provision of access is only ancillary to its economic activity or public service, which is not dependent on the public
from the transmission of signals on an electronic communications network.
Specific conditions for access to, and exercise of, certain electronic communications activities
*

§ 75

(1) The public electronic communications service provider and the operator of the public electronic communications network are entitled to other

user - Section 76 and the NMHH on national frequency allocation and rules for the use of frequency bands
to its network or to the electronic communications service it provides through a radio local area network
provide access in accordance with paragraph
(2) In order to operate the access provided at the subscriber access point via a radio local area network, the subscriber concerned shall have a prior agreement
consent is required. Before requesting consent, the subscriber concerned shall be informed of the operation of the radio local area network and through it
all relevant information regarding the access provided, in particular the roles and responsibilities of the subscriber and the service provider
shall be duly informed.
(3) Access provided via the radio local area network shall be separated from the subscriber service provided at the subscriber access point
separate and ensure that the provision of access does not impede the use of the subscriber service and the service
continue to be available in the capacity specified in the subscription contract.
(4) The subscriber shall not be liable for the use of access provided via the radio local network by other persons
for an infringement committed.
(5) The administrative body is entitled - in accordance with Section 74 (5) and the national frequency allocation, as well as the use of frequency bands.
to provide public access to the radio local network operated by it in accordance with the
in real estate or in an adjoining public area. The provision of such access shall not constitute an electronic communications service,
the access provider does not qualify as an electronic communications service provider.
Notification of an electronic communications service
*
§ 76. (1) The
intention to start the provision of electronic communications services, as well as the planned

electronic communications service provider, with the exception of number-independent interpersonal
must notify the Authority for purchase.
*
2. The
notification shall contain the following information:

a) the name (company name), legal status (company form), address (registered office, branch) of the service provider;
(b) the service provider's business registration number or other official registration or identification number;
(c) the name (business name) and contact details (postal address, telephone number, e-mail address) of the person designated to liaise with the Authority;
(d) the electronic communications service or, if the provider operates an electronic communications network, the electronic communications service
identification and brief description of the communication network; an indication of the EU Member States involved in the provision of the service;
(e) the intended date of commencement of the service; and
(f) the address of the service provider's website dedicated to the operation of electronic communications networks or electronic communications networks
related to the provision of services.
*
3. The
Authority shall register the provider in respect of electronic communications networks and services in accordance with the information provided in the notification.

electronic communications service providers and within seven days of the date of notification.
confirms the fact of receipt. The Authority shall inform the provider at the same time as the confirmation of the circumstances
facilities, negotiate interconnection and the conditions under which it is entitled to
statutory access or interconnection. The Authority shall, upon a written request from a provider, issue a certificate stating that:
service provider is entitled to perform the activities specified in Section 74 (1).
*
4. The
Authority shall , on the basis of the description provided by the provider in accordance with paragraph 2 ( d) ,

and electronic communications services in accordance with the classification established and published by the Authority
entered in the register.
*
5. The
Authority shall refuse registration if the information contained in the notification is

are not suitable for the identification or registration of the service provider or the activity he intends to carry out, and at the same time
the service provider to resubmit the notification within 8 days.
*
(6) The
electronic communications service provider shall inform the Authority of the date of the actual commencement of the service. THE

Authority shall delete the service from the register if the provision of the service is carried out by the electronic communications service provider in the manner specified in the notification.
does not start until the scheduled start date.
*
6a. The
electronic communications service provider shall inform the electronic communications service provider of any changes to the information provided in the notification.

shall notify the Authority of the termination of the provision of a telecommunications service within 15 days. If the service provider in the notification
changes in the data communicated or the termination of the provision of the electronic communications service within a specified period
does not notify, the Authority may impose a fine on the defaulting electronic communications provider.
*
(7) The
register kept by the Authority shall be public, it shall be published by the Authority and it shall be accessible to anyone.
*
8. The
Authority shall provide a copy of the notification under paragraphs 1, 6 and 6a as soon as it has been registered.

sends - forwards the notifications made electronically - to the National Security Service. The National Security Service
may request information from the notifier concerning the technical characteristics of the electronic communications service, which shall be provided by the notifier in accordance with Article 30
within one day.
Start providing electronic communications services

§ 77. (1) Following the notification, the electronic communications service provider may start providing the electronic communications service.
(2)

*

(3) If this Act requires further compliance before the commencement of the provision of an electronic communications service
conditions, the service provider may start providing the service only after fulfilling the relevant conditions.
4. Individual authorizations for the use of radio frequencies and identifiers in connection with the notification and registration procedure
the burden on service providers in general and on the control of individual obligations
electronic communications activities are subject to the conditions set out in a separate legal act
to pay.
Termination of the provision of an electronic communications service or termination of an electronic communications service provider
*
§ 78. Termination
of the provision of electronic communications services and termination of electronic communications service providers

or in the event of his death, the Authority shall remove the electronic communications provider from the electronic communications networks and services.
withdraw the authorizations to use the identifier issued to it and
publishes.
*
*
78 / A. § (1)
On the
termination of the provision of electronic communications services, the electronic communications service provider - at least

sixty days in advance, notify the Authority, indicating the electronic communications service provider referred to in paragraph 2.
2. The electronic communications service provider shall ensure that, at the latest when the provision of the service is completed, the
taken over by another electronic communications service provider providing the same electronic communications service in the geographical area of ​service provision
a 159 / A. § (1) for the purpose of fulfilling the obligation.
(3)

*

If the electronic communications provider fails to comply with its obligation under paragraph 2 or does not know otherwise

agreement with the service provider on the receipt of the data, the Authority shall immediately
to designate a service provider.
(4) In* the event of the death of a natural person electronic communications service provider, the Authority shall designate the receiving electronic communications service provider.
service provider.
*
5. Where
winding-up or winding-up proceedings have been instituted against an electronic communications provider, they shall

on the day of publication of the final order ordering the liquidation, or at the same time as announcing the liquidation in the court of registration
inform the Authority of this fact. The Authority shall have the right to request information from the liquidator during the proceedings, or
liquidator on the status of the case. If the electronic communications provider does not notify the Authority by the submission of the final balance sheet, the
(2), the Authority shall designate the receiving electronic communications service provider.
6. In*taking action under paragraphs 3 to 5, the Authority shall:
(a) providers of identical electronic communications services, in particular in the geographical area in which the service is provided,
(b) failing that, providers of the same electronic communications service,
(c) failing this, in accordance with Article 159 / A. § from among other electronic communications service providers obliged to retain data pursuant to §
to receive data and their 159 / A. § required to handle electronic communications service provider.
(7) Costs incurred in connection with the transmission and receipt of data shall be electronically terminated
borne by the telecommunications service provider.
(8) The electronic communications service provider transmitting the data shall ensure the completeness, quality and timeliness of the data at the time of transmission,
the electronic communications service provider receiving the data 159 / A. § for the retention and submission of data requests
responsible for fulfilling the
Rules on the marketing of radio equipment and electromagnetic compatibility

§ 79

*

*

1. In the case of radio equipment and the classes and categories of radio equipment defined by the European Commission,

a set of radio equipment and software enabling its intended use may be placed on the market, distributed, or
may be put into service if it complies with the requirements laid down in the Decree of the President and the manufacturer, his authorized representative
representative, importer and distributor have fulfilled their obligations under the Presidential Decree.
(2) The marketing, distribution and marketing of radio equipment specified in this Act and in the Decree of the President
compliance with the requirements for commissioning shall be monitored by the Office.
§ 80

*

(1) The radio equipment shall be so in compliance with the requirements prescribed by environmental and nature protection legislation

designed not to endanger the health and safety of humans and domestic animals, to ensure
areas and protected natural values, protection of property, efficient use of radio spectrum and
avoidance.
(2) The conformity of radio equipment shall be established by a declaration of conformity issued by the manufacturer following the conformity assessment procedure.
justify.

3. The classes and categories of radio equipment defined by the European Commission may then be placed on the market, distributed or
may be put into service if they meet the interoperability, fraud - proofing requirements set by the European Commission,
to protect the privacy of subscribers and users, to ensure access for people with disabilities and to provide emergency services;
requirements to support the achievement of
Page 5

*

§ 81

(1) Electrical or electrical equipment generating high-frequency electrical equipment and other high-frequency signals or side effects

electronic equipment shall be so designed that the electromagnetic disturbance it causes does not exceed the level
obstructs the proper functioning of electronic communications equipment and other electrical or electronic equipment.
(2) High-frequency electrical equipment and other items specified in this Act and the Decree of the President
for the placing on the market, distribution and entry into service of electrical or electronic equipment generating high frequency signals or side effects
compliance with the requirements for the placement of
Reporting interfaces

§ 82. (1) The* operator of the public electronic communications network or the service provider is obliged to notify the Authority, and
made publicly available on the network for the purpose of carrying out an electronic communications activity or providing a service
characteristics of subscriber and network interfaces.
2. The interface shall be notified at the latest at the start of the provision of the service.
(3) In the case of an interface in accordance with a national, European or international standard or standard-like document in the notification
the document used must be referred to with any options, in other cases the notification must be accompanied by
precise technical description of the interfaces in accordance with the requirements specified in other legislation.
*
(4) Interface
notifications shall be registered by the Authority, and the register shall be accessible to anyone.

Authorization of construction work for electronic communications structures

Section 83 (1)*

For the establishment, commissioning, maintenance and decommissioning of electronic communications structures,

unless otherwise provided by law, an official permit is required. The permit shall be issued by the Authority.
(2) Unless otherwise provided by law, no official permit is required for the construction of an electronic communications structure
to carry out his work which a particular undertaking or person uses exclusively for his own needs or which is closed to it
The internal electronic communications traffic of the users that make up the group is complex and the structure does not extend beyond the business or
person or users forming a closed group at the border of their own property.
*
(3) The
Authority shall ensure that on its website the rights, conditions, procedures related to the rights under this Section,

all relevant information on fees and decisions is easily accessible to all interested parties and this information
regularly.
*
3a. The
Authority shall provide electronic information to all interested parties through a one-stop shop, as defined in a government decree.

provides full information, free of charge, for the deployment of elements of high-speed electronic communications networks
applicable to the granting of permits for construction work, as well as short-range wireless access
the conditions and procedures laid down in the rules on electronic communications for the installation of points
exemptions from conditions or procedures.
(4)

*

*
(5) The
rules of construction authority procedures related to electronic communications structures shall be established by a decree of the President.

Coordination of construction work

*

*
83 / A. § (1)
Any network operator is entitled to consult with the electronic communications service provider regarding the use of high-speed electronic communications services.

to implement the construction of telecommunication network elements in coordination with other construction works. To this end, either party
authorized by a decree of the President containing transparent and non-discriminatory conditions for the coordination of construction works
make a written offer to the other party in accordance with the conditions laid down.
*
(2) The
requested party shall be obliged to substantiate the contents of the tender in a verifiable manner within 15 days of receipt.

to declare its acceptance or rejection or to enter into consultations with the tenderer. The parties shall reconcile
a report shall be drawn up on the outcome.
*

(3)

The deadline for concluding the conciliation by written agreement of the parties shall be set out in Article 83 / B. § (1)

may establish. Negotiations to reach an agreement under this paragraph shall be the subject of an offer under paragraph 1
must be closed within 30 days of receipt. If a Party initiates an agreement under this paragraph, it shall do so
the other party is obliged to make a substantive statement within 15 days, in case of rejection of the initiative the other party is obliged to declare the rejection in writing
justify and substantiate.
(4) Financing the construction work in part or in full from the European Union or national budget
The network operator may reject an offer under paragraph 1 only if:
(a) the conclusion of the agreement resulting from its acceptance by the network operator is delayed by the construction work or due to other reasons;
would be an additional cost compared to the cost of the works originally planned
electronic communications service provider does not
(b) performance of the agreement resulting from its adoption would not allow concerted works
control by the network operator,
(c) initiating the official permit or notification required for the start of construction work planned by the network operator
less than 30 days before the arrival of the construction work, provided that the
would delay its authorization, or
d) acceptance of the offer by law, enforceable official decision, court decision or other electronic communication
would conflict with the relevant rule.
5. Pursuant to paragraph 4 ( c) , a tender may be rejected only if the parties have, within a shorter period pursuant to paragraph 3,
they did not agree.
*
(6) The
network operator shall justify the rejection of the offer in accordance with paragraph 4, stating the reason for the rejection, in writing and

supported by evidence.
(7) The Government may determine in a decree the construction works for which the provisions of this section or
their part as defined in the Regulation
(a) in view of the minor importance of the works, or
(b) to protect a vital component
not applicable.
(8) If* the requested party does not respond to the offer referred to in paragraph 1 within the period specified in paragraph 2
does not respond on the merits or otherwise engages in conduct that results in a delay in consultation between the parties, the written
to facilitate consultation between the parties, to facilitate substantive cooperation and to
may apply to the Office for a general official supervision procedure in order to apply a legal sanction, provided that:
no dispute proceedings have been instituted in relation to the subject matter of the application.
9. In*the event that the requested party submits a tender pursuant to paragraph 1 within the period specified in paragraph 2,
does not respond or does not respond in substance or otherwise engages in conduct that would result in a delay in consultation between the parties,
The Office imposes a fine of up to 0.05% of the infringer's net sales, but at least one hundred thousand forints. Sales revenue
in the absence of data or disclosure of sales revenue, the amount of the fine shall be at least fifty thousand forints and no more than one hundred million forints. Application of this §
net sales revenue shall mean the net sales revenue of a participant in the proceedings in accordance with the Accounting Act.
(10) In* determining the amount of the fine, in addition to applying the provisions of Section 48 (2), the Office shall consider the case.
all the circumstances, in particular the turnover of the infringer, the gravity of the disadvantages caused by the infringement and the recurrence of the infringement.
*
83 / B. § (1)
A 83 / A. § (1), or if the agreement is rejected in accordance with Article 30

within 83 days or § (3), no party shall be established within the period specified by the parties
to apply for an agreement.
2. In*the procedure referred to in paragraph 1, Articles 57 to 61 shall apply. § shall apply with the following exceptions:
(a) the application shall be accompanied by Article 83 / A. § (1), a postal return receipt acknowledging its receipt or other
and, if available, the statement of the other party and the substantive response to the offer and the rejection of the offer.
evidence supporting the reason for the refusal,
(b) the network operator must demonstrate compliance with Article 83 / A. § (4) the existence of any condition, as well as construction work
additional costs resulting from the harmonization of
*
2a. Where,
on the basis of the facts established during the dispute proceedings, the Authority establishes that Article 83 / A. § (8)

no general official supervision procedure has been initiated prior to the commencement of the infringement proceedings in respect of the same infringement,
in the decision of the Authority concluding the dispute proceedings on the merits, Article 83 / A. § (9) - (10) is also entitled to impose a fine.
3. If the application is well-founded, the Authority shall, in accordance with the detailed rules laid down in a decree of the President, determine:
fair and non-discriminatory conditions for the coordination of
fair prices, costs.
4. The Authority shall communicate its decision to the competent authority for the authorization and supervision of the coordinated works.
authorities.
5. Where, on the basis of evidence provided by the network operator or the electronic communications service provider, the Authority:
electronic communications procedure necessary for the resolution of the dispute in the procedure referred to in paragraph 1.
involved in procedures for authorizing the construction of track-type structures and other structures,
the competent authorities listed in the legislation are involved if the conditions set out therein are met and the conditions set out therein
in professional matters.
*

Geographical survey and evaluation of high - speed electronic communications networks

*
83 / C. § The
President shall carry out a geographical survey of high-speed electronic communications networks, as well as an extraordinary

geographical area without a high-capacity network and assess the
market investment plans for the construction of an extremely high capacity network. The geographic survey is conducted by the President on a regular basis, however
at least three years after the completion of the previous survey.
Right to use radio frequencies and identifiers
*
Section 84 (1)

In cases specified by law, radio equipment, radio station, radio communication network and radio system

it can be installed on the basis of a frequency assignment, it can be operated on the basis of a radio license for the period specified by the President in a decree.
(2)

*

*
3. The
use of radio spectrum shall be in accordance with the provisions on allocation and rules on the use of radio spectrum.

experimental and less than 30 days, as well as those manufactured or marketed in Hungary but
testing of equipment that cannot be used in Hungary - and public health,
radiation and interference protection regulations.
(4) In* exercising the right to use frequencies issued on the basis of Section 55 (7), the public service media service provider shall:
ensure the public service obligations imposed on them in relation to the general availability and quality of public service programs
fulfillment. Thus, in particular, in the long run, it is obliged to ensure media service rights in a specific reception area a
the continuity and specific quality of broadcasting, the detailed conditions set out in the license granting the right to use the frequency;
conditions.
*
(5) The
right or right to use radio spectrum may be transferred or transferred in cases and under conditions specified by law.

for rent.
(6)

*

For the acquisition of the right to use radio spectrum for civil purposes, the

one-off under the NMHH Decree on the rules of the tendering procedure and the NMHH Decree on radio spectrum fees
a regular radio spectrum fee shall be paid in accordance with
*
(7) The
radio spectrum charge should be set in such a way as to reflect the optimal use of resources.

needs. Fees shall be set in such a way that they are objectively justified, justified, transparent and non-discriminatory.
be proportionate to the objective pursued and serve to achieve the radio spectrum management objectives.
(8) If* the revocation or modification of the right to use radio spectrum resulting in the restriction of the right to use radio spectrum
legislation, in particular as a result of an amendment to an international obligation promulgated by law, the holder
compensation is due to the central budget, which does not cover the lost profits.
(9) In* the case of a succession, the use of the frequency has been notified to the Authority within thirty days of the succession.
may be continued on the basis of The Authority may refuse to acknowledge the notification if there is a need to revoke the radio license.
*
(10) In
official matters concerning the use of frequencies subject to notification (simplified radio license), electronic

contact is mandatory unless it cannot be interpreted in relation to the procedural act in question.
*
(11) The
right to use a frequency shall terminate upon the death of the licensee or licensee or upon its termination without a legal successor.

§ 85. (1) The Internet Protocol and e-mail addresses, as well as domain names, are not the subject of exclusive state ownership.
*
(2) In
addition to the provisions of paragraph (1), an identifier may be used only on the basis of a designation permit. By order of the President

certain specified identifiers can be tied in advance.
(3) The identification and use fee for the reservation and use of identifiers, the related
an administrative service fee of the amount specified by law shall be paid for the official procedure.
*
(4) The
identification-binding and usage fee shall be established by a decree of the President in accordance with Section 84 (7).

*

IX. Chapter
GENERAL RULES FOR THE CONDUCT OF ELECTRONIC COMMUNICATIONS ACTIVITIES
general rules

§ 86. (1) Electronic communications service providers with the operation of public electronic communications networks, as well as
in connection with the interconnection of, and access to,
(a) operate electronic communications networks under agreed technical conditions such that they:
in cases specified by law or international agreements, directly or
create a unified system by installing appropriate interfaces, network components, elements, equipment, services.
To this end, electronic communications operators should act in good faith, ensuring equal opportunities.
cooperate and provide each other with access to the necessary technical data;
(b) cooperate on technical, contractual and economic framework conditions conducive to the sharing of electronic communications structures;
in the design of
(c) ensure the security of public electronic communications networks against unauthorized access;
d) to co-operate with other service providers in a manner specified in separate legislation during a qualified period;
e) comply with the rules relating to the use of land and real estate;
f) to comply with the protection of the environment, the protection of life, physical integrity, health, electromagnetic radiation
related legal requirements;
(g) pay particular attention to consumer protection in cooperation.
*
(2) The
operators of the electronic communications network are entitled or, if required by another service provider, are obliged to

to negotiate in good faith on interconnection and access to networks. The obligation extends to Hungary
no, but also for cooperation with providers of electronic communications services in another Member State of the European Union.
3. Service providers shall, during and in connection with the negotiation of network contracts,
The secret may be used only in this context and the business secret may not be passed on to another person or business, if it
the transfer of a trade secret may result in an unfair competitive advantage.
*
86 / A. § The
operator of the electronic communications network or the electronic communications service provider may not require the end user

different requirements depending on the Member State of nationality, residence or domicile or the person concerned
as a condition of connection to a network or service
requirements, unless this difference in treatment can be objectively justified.
Separation of activity

§ 87. (1) If* the electronic communications service provider in another industry on the basis of exclusive or special rights in Hungary or otherwise
annual revenue from electronic communications services provided in the territory of the European Union
exceeds HUF 10 billion, it is obliged to provide the electronic communications service in its books and records
related expenses, expenses and revenues, as well as fixed assets, based on the basis of their calculation and the allocation
separately from costs, expenses and revenues incurred in other industries. If the
the service provider obliged to keep separate accounting records is not subject to the scope of the Accounting Act, is obliged to
to carry out an audit of separate accounting records.
(2) The universal service provider shall be responsible for its revenues, costs and expenses related to the universal service, and
keep separate accounts for its assets and liabilities in its financial statements.
*

Reporting obligation of the electronic communications service provider

*
87 / A. § (1)
Pursuant to law, it is not obliged to prepare electronic reports that are not subject to the scope of the Accounting Act or annual reports

telecommunications service provider - Act XXXIV of 2004 on small and medium-sized enterprises and support for their development by law micro, small or
with the exception of a medium-sized service provider - the simplified annual report specified in the Accounting Act
make.
(2) The audit of the report prepared on the basis of the obligation specified in subsection (1) in the Accounting Act
shall be carried out as specified.
3. The report of the electronic communications service provider prepared in accordance with paragraph 1 and audited in accordance with paragraph 2 shall be
on its website.
Scope and common rules of network contracts

§ 88. (1) Electronic communications service providers may enter into agreements under the conditions specified in the rules concerning electronic communications.
network contract.
*
2. Network
contracts shall be in writing and shall provide for the parties, except as provided in paragraph 2a, to

must:
a) the subject and purpose of the contract;
(b) the service provided, its quality and the time limits for completion;
(c) the consideration to be paid;
(d) maintaining the operation of the networks;
(e) cooperation on services;
(f) the cases of termination of the contract, the expiry date of the fixed-term contract and the
notice period;
(g) the manner in which data protection requirements are met during the provision of the service;
(h) the legal consequences of a breach of contract;
(i) the manner and extent of liability for services provided to third parties.
*
2a. Where
the President, in accordance with Rules 62 to 66, § or XI. related to access or interconnection in its procedures under this Chapter

By way of derogation from paragraph 2, the content of network contracts shall be determined by a decision of the President.
*
3. Any
other person who carries out an electronic communications activity and who is controlled, controlled or jointly controlled by him

the network contract concluded with the service provider after the entry into force of this Act to the parties within 15 days from the conclusion of the contract.
they shall submit them to the Authority for information.
4. The parties shall inform each other properly during the performance of the contract, including the essential content of the contract
planned changes within 6 months.
*
(5) With
regard to the nullity of the network contract and the liability in respect of the network contract, if any

does not contain a contrary provision, the corresponding provisions of the Civil Code Act (hereinafter: the Civil Code)
should be used.
(6) In the event of late or incorrect performance of network contracts, the electronic communications service provider shall be the property of the user
damages, with the exception of lost profits.
(7) Claims arising from contracts for electronic communications networks are time-barred within two years.
Multiplex service contract
*

§ 89

1. A multiplex technical service provider shall provide the service under reasonable and fair conditions, in accordance with the principle of equal treatment.

duly obliged to provide.
*
2. If the
contract is not concluded between the parties within thirty days of the submission of the tender, the settlement of the dispute

order of any party to the Eht. 57-61. § may initiate proceedings. The Authority on the content of the contract - market conditions
properly.
*

Location sharing and sharing of network elements and related devices
*
§ 90. (1)* A service
provider with the right of ownership or use of an electronic communications structure shall be

to ensure the sharing of related assets, or where the property involved in the sharing is electronic communications
is owned or licensed by the service provider, the communications structure, network elements and
the provision of real estate for the placement of related assets, including the necessary physical location,
is obliged to enter into a contract if it is requested by a service provider for the provision of which environmental,
for other reasons of public health, public safety, construction, town or country
you do not have access to items or devices. The obligation to contract shall be limited to those specified areas
provider for which the sharing of space or the sharing of network elements and associated facilities is covered by this paragraph
necessary for certain reasons.
(2)

*

The obligation covers in particular the property, the building, the entrance to the building, the cabling of the building, the

antennas, towers and other supporting structures, substructures, cable ducts, control shafts and
cabinets. This obligation does not apply to the part of the buildings open to the public that performs this function.
3. The authorized service provider may request that the pipelines be installed inside the works or, if they are located outside the works, in the first place.
collection or distribution point if duplication of this infrastructure is uneconomical or physically
would be impracticable (hereinafter: asset sharing).
(4) The holder of the right of ownership or use of the electronic communications structure shall not be obliged to enter into a contract
provider if any of the following conditions exist:
(a) compliance with the offer would disproportionately impede safe and proper use;
*
(b) the
use of immovable property, the sharing of space and the sharing of network elements and associated facilities; and

the certified costs necessary for its operation shall not be borne by the tenderer;
*
(c) the
use of immovable property, the sharing of space and the sharing of network elements and associated facilities from other legal relationships;

disproportionately seriously infringes the resulting legitimate private interest;
(d) for the purpose of sharing equipment, the normal operation of an electronic communications structure or electronic communications equipment;
due to the impracticability of the physical location required for this.
Where, in order to share space pursuant to paragraph 1 and network elements and associated facilities,
electronic communications structure, the costs of the conversion, with the exception of the justified costs of justified renovation, shall be borne by the
charged to a new user. The sharing of space and the sharing of network elements and associated devices - where appropriate, the risk
shall be borne by the parties in proportion to their interest.
(6) If the building electronic communications services or the right to use property in paragraph (4) d) of
would not be obliged to enter into a contract for a specific reason for exemption, the sharing of space and the
a service provider bidding for the sharing of related devices may initiate the electronic communications facility for common use
making it suitable. Expenditure in the interests of sharing, adjusted where appropriate to take account of risk
their costs shall be agreed between the parties in proportion to their interest.
(6a)

*

If the contracting party engages in conduct which prolongs the agreement between the parties

the requesting party to facilitate consultation between the parties, a general
may lodge an application for proceedings with the Office if no legal proceedings have been instituted in respect of the subject-matter of the application.
6b. In*the event that the conduct of the contracting party results in a delay in conciliation between the parties, the Office shall:
imposes a fine of up to 0.05% of the infringer's net sales, but at least one hundred thousand forints. Sales data or
in the absence of disclosure of sales revenue, the amount of the fine shall be at least fifty thousand forints and no more than one hundred million forints. Application of this §
net sales revenue shall mean the net sales revenue of a participant in the proceedings in accordance with the Accounting Act.
(6c) In* determining the amount of the fine, in addition to the provisions of Section 48 (2), the Office shall consider the case.
all the circumstances, in particular the turnover of the infringer, the gravity of the disadvantages caused by the infringement and the recurrence of the infringement.
(7) If* the parties, through the use of the property, the sharing of space and the sharing of network elements and associated facilities,
within 45 days of the offer, any of the
party may apply to the Authority. The Authority shall, in accordance with the rules of procedure governing the settlement of legal disputes, in accordance with the provisions of this Section
establishes the use of the property, the sharing of space and the sharing of network elements and associated assets
rules, including those relating to the coordination of construction work.
*
7a. Where,
on the basis of the facts established in the course of the dispute proceedings, the Authority finds that the infringement referred to in paragraph 6a has been committed and

no general official supervision procedure has been initiated for the same infringement prior to the initiation of the dispute proceedings, the Authority shall
it shall also be entitled to impose the fine specified in paragraphs 6b and 6c in its decision closing the dispute on the merits.
*
8. The
Authority shall ensure the use and sharing of real estate, the sharing and common use of network elements and associated facilities.

a service provider with the right of ownership or use of the real estate or electronic communications structure in order to use the equipment
with regard to the real estate and facilities concerned, the nature, accessibility and geographical location of the property or facility
may provide information on The information requested by the Authority in this regard shall not be considered a business secret. The Authority is
you can also contact another administrative body to obtain data.
9. The Authority shall, upon a reasoned request from an interested service provider, provide access to the data referred to in paragraph 8.
Uniform ID use

§ 91. (1) In order to operate the networks in a unified identification system, the service providers are obliged to keep their networks technical
implement the identification use specified in the ANFT in its systems.
(2) In order for networks to operate in a single identification system, service providers shall
to adopt identification extensions within the framework of the ANFT and to achieve their access in a non-discriminatory manner by their own means.
3. To settle disputes arising out of the obligation to cooperate set out in paragraph 2
shall be governed by the applicable rules.
Take action against misuse of IDs

*

*
91 / A. § (1)
In case of detection of fraud or abuse committed using an identifier, anyone may apply to the Office. The Office is further

prohibit the use of, or ensure access to, the identifier in order to prevent misuse and
withholding of a fee for access to an identifier.
(2) In the matter referred to in paragraph (1), the Office may act upon request and of its own motion.
(3) If, in a decision which has become final, the Office has ordered the withholding of the fee for access to the identifier,
(a) from the date specified in the decision, non-payment of the fee in the case of a subscriber shall not be considered a subscription contract
in the case of a breach of the network contract, the fee from the subscriber or the obligor shall not be
cannot be demanded from the service provider in legal proceedings or otherwise, and
(b) the Office may order a refund of the fees charged for calling the identifier by the date specified in its decision.
Cooperation for the collection of secret information, the use of covert means, or during a classified period and in the interests of national defense

*

*
§ 92. (1)* The electronic
communications service provider is obliged to co-operate in the continuation of the collection of secret information or

with organizations authorized by law to use An electronic communications service provider is an electronic communications service provider
in such a way as not to preclude, impede the collection of secret information or the
use of tools.
(2) If* initiated by the National Security Service in writing, the electronic communications service provider shall
shall agree with the National Security Service by a specified date on the collection of secret information or covert
conditions for the use of such instruments.
*
(3) The
electronic communications service provider shall be obliged to comply with all such notification obligations contained in Section 76 (1) and (6).

directly inform about its activities, services, products and changes thereto
National Security Service, which affects or affects the proper collection of information in its intended operation, or
the conditions provided or to be provided by the electronic communications service provider for the use of disguised devices,
tools, methods, procedures.
*
(4) The
electronic communications service provider shall use the operated equipment operated by it at the same time as the commencement of the service,

with regard to the premises and the cooperating persons, as specified in a separate legal act
Shipments, communications and data transmitted by the service provider transmitted over an electronic communications network are confidential
the application of the tools and methods needed to obtain information by using information or using covert means
conditions. In addition to the above, the service provider may, at the request of the National Security Service, on the basis of the technical characteristics of the service
extent obliged to provide in connection with the introduced service for the collection of confidential information or disguised means
the means to apply it up to the point of exit.
(5) The electronic communications service provider shall be obliged to comply with the requirements specified in subsection (4) for the electronic communications service.
establish an appropriate technical system, in particular a basic monitoring subsystem, and make it available in its network a
provide the National Security Service with a written knowledge of the basic technical requirements up to the point of exit
within six months. All costs of the basic monitoring subsystem are borne by the service provider.
*
(6) Organizations
authorized to continue to collect secret information or to use disguised devices shall be provided with electronic means.

communications service provider provides data upon individual request, via a direct electronic data connection, the National Security Service
on an interface set up by the electronic communications service provider in accordance with the basic technical requirements set out in
If the requested data is not available via the electronic data link, the data shall be provided by electronic communications
in writing or, if required, on an electronic medium. Establishing an electronic data connection
for organizations authorized to carry out the collection of confidential information or the use of covert devices which do not require
the provision of data shall be performed by the electronic communications service provider in writing or on an electronic data carrier. The reporting interface
all costs shall be borne by the electronic communications service provider, the provision of data by the electronic communications service provider
free of charge.
(6a)

*

The body authorized to continue to collect confidential information may set a deadline for the provision of the data. The

data provision cannot be refused. The data thus obtained may only be used for the specified purpose.
*
(7) An
electronic communications service provider shall, in cases specified by law, co-operate for governmental purposes

network operator.
(8)

*

The service provider specified in the decree of the President shall be obliged to keep the content specified therein, continuously reviewed and

have a maintained risk analysis and, on that basis, protection measures proportionate to the risks identified
apply. Where the service provider has identified, designated and designated critical systems and facilities
designation of a European or national critical component under the law on the protection of
an identification report is part of the risk analysis and the protection measures are taken into account in the operator security plan
has to be determined. The service provider is also obliged to deal with malfunctions and catastrophes with the content specified by law
have disaster response, disaster recovery and business continuity plans.
*
8a. The
service provider shall perform the tasks specified in the legislation on preparation for the period of the special legal order

prepare a contingency plan and a reserve of sufficient size and composition to perform such tasks.
to have.
(9) In order to develop and implement an action plan for a qualified period, electronic communications
service providers must cooperate with each other and with the competent organizations in the manner specified in a separate legal act.
(10) The electronic communications service provider during the qualified period of the measures taken on the basis of the action plan, or the defense
the actual costs of the electronic communications services it provides under the legislation on the enforcement of its interests
entitled to reimbursement.
*

Cooperation in making electronic data temporarily and permanently inaccessible
*
92 / A. § (1)
Electronic commerce services and services related to the information society are certain

an electronic intermediary service providing simple data transmission and access as defined in the Act on
communications service provider (hereinafter: access electronic communications service provider) shall, after notifying the Authority,
immediately, but no later than within one working day, the criminal court or the authority specified in a separate law
temporary or permanent order blocking access to data published by the electronic communications network
to make an inaccessible item.
2. If the Authority finds that an electronic communications service provider providing access does not comply with the requirements set out in paragraph 1,
obligation to fulfill it without delay. If the electronic communications service provider providing the access a
fails to comply with the obligation despite the summons, the Authority shall inform the ordering court or the
designated ordering authority.
(3) The court shall, in accordance with the provisions of the Act on Criminal Procedure against the electronic communications service provider providing access.
may impose a fine. The authority specified in a separate law with the electronic communications service provider providing access
may impose a fine in the amount specified in a separate law.
(4) The electronic communications service provider providing access shall be obliged by the ordering court or specified in a separate law
inform the users of the content of the ordering authority and the number of the ordering decision.
the legal basis for the temporary or permanent refusal of access.
(5) The electronic communications service provider providing access shall be obliged by the court or the authority specified in a separate law to a
access to electronic data ordered before the date of commencement of the service in Hungary is temporary and
permanent prevention from the start of the service in accordance with 159 / C. § (1).
*

Collaboration with the Government Event Management Center

92 / B. §

*

(1) An electronic communications service provider shall cooperate with the governmental event management center between the state and

in order to carry out the tasks of local government bodies under the Electronic Information Security Act.
(2) The electronic communications service provider is obliged to notify the government event management center of the electronic
a security incident affecting a communications network or electronic communications service, a threat brought to its attention,
which adversely affects an electronic communications network or an electronic communications service or
creates an unknown situation or which results in an electronic communications network or electronic communications
the confidentiality, integrity, authenticity, functionality or availability of the information
Hurt.
(3) The electronic communications service provider is obliged to notify the government event management center thereof
a subscriber or user whose electronic communications terminal or information system is the security incident
involved in or caused or threatened to be involved in the occurrence.
Cooperation with the professional disaster management body

92 / C. §

*

*

(1) An electronic communications service provider providing mobile radiotelephone services shall cooperate with the professional

with the central body of the Disaster Management Agency on Disaster Management and amending certain related laws
for the purpose of alerting and informing the public in the event of an emergency.
(2) An electronic communications service provider providing mobile radiotelephone service shall be obliged to provide the electronic communications service in accordance with paragraph (1).
establish an appropriate technical system to carry out the task referred to in paragraph 1 and make it available on its network
to the central body of the professional disaster management body.
3. An electronic communications service provider providing mobile radiotelephone service shall comply with the technical requirements set out in paragraph 2.
provide free alert and emergency information to the public.
Space segment use

§ 93. The space segment service provider is entitled to verify that the satellite segment used in connection with the service provider's space segment
whether the ground station complies with the published usage conditions for the space segment capacity used by that service provider.
*

Ensuring transparency on physical infrastructure

*
93 / A. § (1)
For the purpose of using the physical infrastructure pursuant to § 94 (2a), the electronic communications service provider is entitled

get to know at least the geographical location, the route, the physical infrastructure
type and current usage and the contact details of the network operator.
*
(2) An
electronic communications service provider may access the data referred to in subsection (1) under the conditions specified in a government decree

added from the e-utility.
(3) If the data referred to in subsection (1) is not available in the e-utility, the electronic communications service provider shall, upon written request:
you can contact your network operator to access the data. The request must specify the geographical area
the area for which the electronic communications service provider requests the data.
*
3a. The
network operator shall refrain from receiving or refusing to comply with a request under paragraph 3.

in a verifiable manner within 15 days of The network operator may refuse to comply with the request to that extent
security and integrity of networks, national security, public health, public safety and
necessary in view of data protection. If the network operator refuses to comply with the request, the refusal shall be granted
shall state the reasons for the refusal in writing and substantiate it with evidence.
(4) The network operator shall comply with the request referred to in paragraph 3 within 60 days of its receipt.
(5) An electronic communications service provider is the physical infrastructure involved in the construction of a high-speed electronic communications network
written request to the network operator to specify the
infrastructure, the construction of high-speed electronic communications network components and coordinated construction activities
to access the property at the disposal of the network operator and the physical infrastructure there
in the presence of the network operator (hereinafter "on-site inspection").
6. In the event of a request under paragraph 5, the network operator shall ensure that the electronic communications provider:
an on-site inspection within 30 days of receipt of the request. The on - site inspection shall be carried out in such a way that:
it shall not, as far as possible, impede the proper functioning of the network operator.
(7) In the case of an on - site inspection, the electronic communications provider shall not be entitled to access data which:
network security, integrity, national security, public health and safety, classified information
protection or trade secrets.
(8) If the exercise of the right or fulfillment of the obligation set forth in this Section is in dispute, either party may apply to the Authority. The controversy
In this regard, the Authority referred to Articles 57 to 61. §, in accordance with the rules of procedure of the dispute, by its decision - contained in the decree of the President
in accordance with detailed rules, may oblige the network operator to comply with its reporting obligations as well as on-site
to ensure that an investigation can be carried out. Data not subject to the obligation to provide information required by a decision of the Authority
classified as a business secret.
8a. If, *at the request referred to in paragraph 3, the requested party does not comply with the period specified in paragraph 4
or does not respond to the on-the-spot investigation in accordance with paragraph 6, the Authority shall
may impose a fine of up to 0.05% of the infringer's net turnover in its decision to close the
at least one hundred thousand forints. In the absence of sales data or disclosure of sales revenue, the amount of the fine shall be at least HUF 50,000, at most
one hundred million forints. For the purposes of this §, net sales revenue means the net amount of the participant in the proceedings according to the Accounting Act
should be understood as sales.
(8b) In* determining the amount of the fine, in addition to applying the provisions of Section 48 (2), the Authority shall consider the case.
all the circumstances, in particular the turnover of the infringer, the gravity of the disadvantages caused by the infringement and the recurrence of the infringement.
(9) In Government Decree
(a) existing physical infrastructure considered technically unsuitable for the deployment of high-speed electronic communications networks;
or
(b) to protect a vital component
may grant exemptions from the application of the provisions of this section or part thereof.
(10) The trade secret communicated to the electronic communications service provider and the network operator pursuant to this Section shall be subject only to the provisions of Article 83 / A.
§ and may pass on the trade secret to a third party in the event that it does so
the person entitled to trade secrets has expressly consented.
Transparency of planned construction works

*

*
93 / B. § (1)
The network operator shall carry out the construction works 83 / A-83 / B. § in order to coordinate in accordance with the request of the

electronic communications service provider of the construction works in progress or planned in connection with which
(a) notification or authorization has been granted,
(b) a notification or authorization procedure is in progress, or
(c) for the first time within six months of receipt of the request, submit an application or notification to the competent
competent authority.
2. The information referred to in paragraph 1 shall cover at least the construction work
(a) its geographical location,
b) type,
(c) the elements of the physical infrastructure affected,
d) the planned date of commencement, the expected duration,
(e) the contact details of the person entitled to make the declaration (name, e-mail address and
phone number).
3. A request for information pursuant to paragraph 1 shall specify the area to be coordinated where:
the electronic communications service provider plans to build elements of high-speed electronic communications networks.
*
4. The
network operator shall be obliged to accept or refuse to comply with a request pursuant to paragraph 3.

in a verifiable manner within 14 days of The network operator shall comply with the request referred to in paragraph 3
you may refuse to the extent that
(a) the security and integrity of networks, national security, public health, public security and classified information;
necessary for the protection of the
(b) the information referred to in paragraph 1 has already been made available, updated by electronic means, or
(c) has already made the information referred to in paragraph 1 publicly available in electronic form.
5. If *the network operator refuses to comply with the request in accordance with paragraph 4, it shall
within 14 days of receipt of the request, stating the reasons for the refusal and giving evidence
otherwise, the obligation to provide information under paragraph 1 from the date of receipt of the request.
within one day.
(6) If the exercise of the right or fulfillment of the obligation set forth in this § is in dispute, either party may apply to the Authority. THE
Authority shall notify the application in accordance with Articles 57 to 61. § according to the rules of procedure, with the possibility of binding in its decision - the President
the network operator in accordance with the detailed rules laid down in this Regulation.
6a. If,*upon request pursuant to paragraph 3, the requested party does not comply with the period specified in paragraph 5
or does not respond in substance, the Authority may impose a fine in the final decision on the dispute, the amount of which shall be commensurate with the infringement.
up to 0.05% of its net sales, but at least one hundred thousand forints. In the absence of sales data or revenue disclosure, the fine
the amount is at least fifty thousand forints, at most one hundred million forints. For the purposes of this section, the procedure is net sales
shall be understood as the net sales of the participant in accordance with the Accounting Act.
(6b) In* determining the amount of the fine, in addition to the provisions of Section 48 (2), the Authority shall consider the case.
all the circumstances, in particular the turnover of the infringer, the gravity of the disadvantages caused by the infringement and the recurrence of the infringement.
(7) The Government may determine in a decree the construction works for which the provisions of this section or
their part as defined in the Regulation
(a) in view of the minor importance of the works, or
(b) to protect a vital component
not applicable.
Chapter X.
PROVISION OF CERTAIN TERMS AND CONDITIONS FOR ELECTRONIC COMMUNICATIONS SERVICES BY THIRD PARTIES
Use of real estate, common use of buildings
*

§ 94

(1) In the planning, arrangement, construction and modernization of roads and utilities, other structures and other

electronic communications facilities shall be provided for the implementation and renovation of
the possibility of accommodating structures.
(2) The electronic communications structure shall be constructed primarily in public areas, in common with existing electronic communications structures.
other physical infrastructure elements or the existing physical infrastructure of another network operator
so as to affect as little as possible other non-public property.
*
2a. The
network operator and the electronic communications service provider shall cooperate in the development of high-speed electronic communications networks.

the network operator must tolerate the use of its physical infrastructure or
infrastructure. The costs of construction and maintenance of the electronic communications structure shall be
borne by an electronic communications service provider.
2b. The conclusion of an agreement to consent to the use of physical infrastructure in accordance with paragraph 2a shall be concluded by electronic means
the telecommunications service provider must initiate a written offer with the network operator. Concerning the conclusion of the agreement
offer must include
a) the designation of the electronic communications structure to be established, its characteristics, location, method and space requirements,
(b) an indication of the elements of the physical infrastructure to be used,
c) the exact content of the requested right of use and, where applicable, the related servitude right,
d) the marking and technical characteristics of the electronic communication equipment to be installed on the electronic communications structure,
Page 6

e) plans for the restoration of the environment of the building after the construction of the electronic communications structure,
(f) the conclusion of an agreement establishing the right of use and, where appropriate, the related right of servitude
a draft contract and a clear offer of consideration to be paid to the network operator; and
(g) the warning referred to in paragraphs 2d and 2f.
2c. The network operator shall reply in writing to the electronic communications service provider within 15 days of receipt of the offer,
in which it accepts or rejects the offer referred to in paragraph 2b. If the network operator accepts the offer, it shall
response to an offer must include at least
(a) a statement as to whether or not the physical infrastructure to which the tender relates is suitable for
for use as offered; and
(b) in the case of a declaration of the need for conversion, an estimate of the cost of the conversion and the conversion
the expected duration of its implementation.
The duration of the conversion may not exceed 270 days from the date of the establishment agreement.
The estimate of the cost of the conversion is based on the costs directly related to the necessary conversion of the physical infrastructure
justified and duly documented costs.
(2d) The network operator shall, unless otherwise provided by law or a government decree issued by law,
An offer pursuant to paragraph 2b shall be rejected only if:
(a) the physical infrastructure to be used in the tender is not suitable for objective technical reasons
electronic communications structure in the planned manner, with the transformation
the need or the services already provided on the physical infrastructure do not constitute an objective technical ground for refusal
oknak,
(b) the space requirements of the electronic communications structure to be constructed for the existing or planned network of the network to be constructed;
incompatible with space requirements,
(c) the electronic communications structure to be built or its construction infringes or directly and manifestly endangers the
human life, health or security of property,
(d) the electronic communications structure to be set up or its construction is the network or other networks involved in its construction
obstructs or endangers the operation, safety or integrity of
(e) the electronic communications structure to be set up or its operation is provided via the network involved in its construction
causes serious interference with, or otherwise impedes or jeopardizes the provision of, those services, or
(f) the construction of the electronic communications structure necessary for the construction of the high - speed electronic communications network;
other suitable infrastructure than the physical infrastructure indicated in the offer of the electronic communications service provider pursuant to paragraph 2b - in the offer
infrastructure or other access, provided that the access
can take place under fair and reasonable conditions.
2e. If the network operator rejects the offer in accordance with paragraph 2d, it shall
state the reason referred to in points (a) to ( f) of paragraph 2d and give reasons and evidence for his reply. The
electronic communications service provider in writing within 15 days of receipt of the network operator's response to the offer
inform the network operator of the acceptance or rejection of the technical and economic conditions specified by it.
2f. If the network operator, in response to an offer under paragraph 2b:
a) does not respond within a period of (2c)
(b) reject the tender, or
(c) the agreement is not concluded within 45 days of receipt of the offer, the Authority shall, upon request,
according to the decision establishing the related service right - related to the construction of the high-speed electronic communications network
in the public interest, to the extent necessary, restrict the network operator’s use of the physical infrastructure and the use of
the right to transfer.
2g. If the network operator rejects the offer pursuant to paragraph 2b pursuant to paragraph 2d ( f) , the Authority shall
may restrict the use of the physical infrastructure covered by the offer referred to in paragraph 2b in the procedure referred to in paragraph 2b
the right to transfer the use. If a request for a procedure under paragraph 2f is rejected, the network operator shall be notified of the
for a period of 30 days from the date of notification of the official decision , the physical service offered under paragraph 2d ( f)
infrastructure.
2h. In the procedure under paragraph 2f, Articles 57 to 61 shall apply. The rules of procedure shall apply with the following exceptions:
(a) the procedure may be initiated by the network operator or the electronic communications provider,
(b) the request to conduct the procedure shall be accompanied by the tender referred to in paragraph 2b, together with the acknowledgment of receipt.
acknowledgment of receipt or other acknowledgment of receipt and, if available, a statement from the network operator or
the substantive response to the tender and, in the event of a rejection of the tender, the evidence justifying the reason for the rejection,
that the physical infrastructure is an electronic communications structure necessary for the construction of a high-speed electronic communications network
will be used for the establishment of
(c) the electronic communications provider must demonstrate that the use of the physical infrastructure is
necessary for the construction of an electronic communications network,
(d) where other suitable infrastructure offered in accordance with paragraph 2d ( f) is equivalent to that offered in the tender; or
other access is not accepted by the communications service provider, the refusal shall be justified by the communications service provider.
2i. Where, on the basis of evidence provided by the network operator or the electronic communications service provider, the Authority:
electronic communications procedure necessary for the resolution of the dispute in accordance with paragraph 2f.
in procedures for authorizing the construction of track and trail-type structures and other structures
participating competent authorities listed in the legislation, subject to the conditions set out therein,
in professional matters.
2j. If *the requested party does not reply to the offer under paragraph 2b within the period specified in paragraph 2c, or
responds on a substantive basis or otherwise engages in conduct that results in a delay in consultation between the parties, in particular
in breach of its obligation to cooperate under paragraph 2a, the party submitting the written offer shall consult the parties.
may submit a request for a general official supervision procedure in order to facilitate substantive cooperation
To the Office if no dispute proceedings have been instituted in connection with the subject matter of the application.
2k. In the event that the requested party submits a tender pursuant to paragraph 2b within the period specified in paragraph 2c,
does not respond or does not respond in substance or otherwise engages in conduct that would result in a delay in consultation between the parties,
The Office imposes a fine of up to 0.05% of the infringer's net sales, but at least one hundred thousand forints. Sales revenue
in the absence of data or disclosure of sales revenue, the amount of the fine shall be at least fifty thousand forints and no more than one hundred million forints. Application of this §
net sales revenue shall mean the net sales revenue of a participant in the proceedings in accordance with the Accounting Act.
(2l) In determining the amount of the fine, in addition to the provisions of Section 48 (2), the Office shall consider all
circumstances, in particular the turnover of the infringer, the gravity of the disadvantages caused by the infringement and the recurrence of the infringement.
3. In its decision under paragraph 2f, the Authority shall
(a) the use of the physical infrastructure, the content of the right of use and, where applicable, the related service right,
b) the location and method of placing the electronic communications structure,
(c) where applicable, the technical characteristics of the electronic communications equipment that may be installed on the electronic communications structure;
(d) where necessary to prevent the conditions referred to in paragraph 2d and the electronic communications structure
necessary and sufficient conditions for the restoration of its environment, and
e)

*

in accordance with the detailed rules laid down in the President 's decree, the fair and

non-discriminatory conditions, in particular the fair costs for the parties and the
to which the network operator is entitled to use its physical infrastructure. There is no enforceability of the decision
the suspensory effect of an administrative action concerning the manner and extent of compensation.
3a. In setting the level of the access charge referred to in paragraph 3 ( e), the Authority shall take into account the
in connection with the use of its physical infrastructure for the construction of a high-speed electronic communications network
reasonable costs incurred and shall take into account the provision of the relevant access to the network operator's business
impact on your plan, including your return on investment. In case the access demand is high speed
provided for access to the physical infrastructure of an electronic communications network, the Authority shall set the fee
take into account the impact of the charge on the market position of the network operator.
3b. Where, on the basis of the facts established in the course of the dispute proceedings, the Authority finds an infringement under paragraph 2j and
no general official supervision procedure has been initiated for the same infringement prior to the initiation of the dispute proceedings, the Authority shall
it shall also be entitled to impose the fine specified in paragraphs (2k) and (2l) in its decision terminating the dispute on the merits.
3c. The application pursuant to paragraph 2f and Article 94 / A. § may be submitted to the Authority at the same time.
3d. In*the case of simultaneous submission of the applications referred to in paragraph 3c, the Authority shall act in accordance with Article 94 / A. § in accordance with paragraph (2f)
suspended until the procedure on the application has been definitively completed.
(4) In* order to provide a publicly available electronic communications service, the electronic communications structure is foreign
unless otherwise provided by this Act, on the basis of an agreement with the owner of the property
can take place. The agreement must be suitable for proving building rights.
*
4a. The
placement of an electronic communications structure shall be tolerated by the owner (user or operator) of the public domain,

consent shall be deemed to have been given. If the commencement of construction work is a public land use consent, operator or
operator consent (hereinafter together in this paragraph: consent) is required, it shall be provided by the electronic communications service provider
shall be issued within 30 days of the submission of the application, unless a shorter period is specified by law or regulation. THE
the consent may take the form of a unilateral declaration or agreement. If the person or body authorized to give consent a
for reasons attributable to him or for any other reason within his interest,
shall be deemed to have been provided in accordance with the application.
(4b) With regard to the use of real estate owned by the Hungarian state, if there is a real estate registered in the real estate register
trustee - the consent of the trustee is sufficient, the consent of the owner or beneficial owner is not required.
*
(4c) Where
the location of an electronic communications structure affects the area of ​a railway track, river water or canal, the railway track, river water,

the owner of the channel, failing which the owner is obliged, unless otherwise provided by law, to
enter into an agreement within 45 days of the request of the electronic communications service provider. If the trustee, failing that a
the owner fails to make a declaration of consent within a time limit which is attributable to him or for other reasons within his interest,
the trustee or owner is required to tolerate the placement under the terms of the application.
*
(4d) Ownership
consent gives rise to the same rights and obligations as servitude or other rights of use. THE

ownership consent cannot be revoked.
4e. The* use of physical infrastructure in accordance with paragraph 2a shall not require the consent of the owner of the property
for the relevant property providing the location of existing physical infrastructure, if the high-speed electronic communications networks
does not constitute an additional restriction on the use of the property for the right of access to the physical infrastructure, service or
compared to the right of use. Unless otherwise indicated in the content of the application for a building permit procedure and its annexes,
it should be assumed that the establishment of high-speed electronic communications networks does not entail any additional restrictions on the property
compared to the right of way, service or right of use associated with the existing physical infrastructure.
4f. The* right of a high-speed electronic communications network operator established under paragraph 4e to use real estate
terminates with the termination of the right of way, service or use of the physical infrastructure used, and
by removing used physical infrastructure from the property.
*
4g. Where
the property is jointly owned, the contribution shall be based on a majority of the ownership of the owners concerned.

decision is required.
4h. By*way of derogation from paragraph 4, the location of an electronic communications
the consent of the owner shall be deemed to have been given in the case of an owner or co-owner whose personal data and
notification of an offer sent by post to a residential address or registered office included in the address register pursuant to Section 95 (4)
(a) is not possible because
(aa) his identity is uncertain, or
(ab) address, place of residence, registered office, establishment, branch is unknown,
b) fails because the postal item is returned in accordance with the legislation on the delivery of postal items with the indication
that the addressee is "unknown", "not sought", "delivery impeded", "moved" or "refused to accept", or
(c) is effective but has not made a written statement within 30 days of receipt.
4i. For* the purposes of point ( aa) of paragraph 4h (a), the
uncertain if
(a) it is not possible to identify the data contained in the land register or the public credit register of the business entity;
on the basis of records, or
(b) in the case of a natural person, the heir, in the case of an economic entity, the legal successor from the land register, or the
cannot be established from the public register of the organization.
5. The Authority shall ensure, through its website, that the rights, conditions, procedures, fees and
all relevant information on decisions is made available to interested parties. The information published shall be provided by the Authority
regularly.
(6) The local government shall be established on the electronic communications structure located in the public area it owns - in accordance with Section 90.
free use of a device for public security, crime prevention or law enforcement purposes, or
by placing elements of a non-public electronic communications network providing the electronic communications network of the device
which do not indirectly serve an economic purpose. The right to free use is located in public areas of the capital
in the context of electronic communications structures, both the capital city and the district municipality, regardless of whether
which municipality owns the public space. The technical conditions related to the use of the electronic communications structure
shall be defined in an agreement between the owner, user and the local authority. The agreement is governed by this Act
apply the provisions of the Presidential Decree on the siting of electronic communications structures
must.
(7) In* order to set up short-range wireless access points, the electronic communications service provider shall
is obliged to co-operate in accordance with the Act on the Formation and Protection of the Built Environment for specific types of constructions - here
excluding the specific types of construction falling within the definition of physical infrastructure under this Act - and public works
or, failing that, the owner, the street furniture, the equipment holding the advertising medium, the equipment for advertising purposes (including
an advertising device displaying an orientation sign) and the owner of the ad column. Between those required to cooperate
The detailed rules of the agreement shall be laid down by decree of the President.
*
*
94 / A. § (1)
In the
case of an agreement concluded for the use of the physical infrastructure pursuant to § 94 (2a), the Authority shall

for the benefit of an electronic communications service provider in respect of the relevant property providing the location of the existing physical infrastructure,
may establish a service or other right of use in return for compensation. In this procedure, it must be assumed that the servitude or otherwise
the right of use does not significantly restrict the use of the property. If justified by the large number of properties involved, the Authority is the service
or other rights of use may be established by an official decision in respect of several immovable properties concerned. The right of servitude or use
application for an authorization procedure for the construction of an electronic communications structure
shall be submitted at the same time and the Authority shall decide on the establishment of the service or use right in the authorization procedure.
(2) The electronic communications service provider on the basis of the service or other right of use pursuant to subsection (1)
a) install and operate an electronic communications structure,
(b) maintain, repair, modify and remove located structures.
*
(3) The
Authority shall not establish a service or other right of use if the physical infrastructure is public space, railway track,

affects river water or canals. Section 94 (4a) and (4c) shall apply mutatis mutandis to the use of such areas.

*
4. Paragraphs
1 and 2 shall not apply if the agreement on the use of the property with the owner of the property concerned

or pursuant to Section 94 (4h).
*
5. An
appeal against a decision of the Authority under paragraph 1 shall not have suspensory effect.
*
6. Where
the proceedings under paragraph 1 involve a significant number of clients, the

with the exception of orders, the authority shall communicate its decision to the client by means of a notice. The Authority shall inform the client of the text of the decision
at the same time as other forms of contact for that type of customer. The communication
its legal consequences are related to the communication by announcement. The date of notification of the decision is the notice
5th day after posting.
*
(7) Paragraphs
(5) and (7) - (11) of Section 95 shall apply accordingly in the proceedings pursuant to subsection (1).
*
§ 95. (1)
If, in *order to ensure the publicly available electronic communications service, the electronic communications structure

in public places, by sharing existing electronic communications facilities or in accordance with Section 94 (2a).
there is no possibility of using the physical infrastructure, the electronic communications service provider is state or local government owned,
or initiate the construction of an electronic communications structure with the owner of the privately owned property
conclusion of an agreement. If the parties do not agree within 30 days of the notification of the offer under paragraph 4,
the electronic communications structure is owned by the state or local government or privately owned in the proceedings pursuant to this section
can also be placed on real estate. A 94 / A. § (3) shall apply mutatis mutandis in this case as well.
2. At* the request of an electronic communications service provider, the Authority may, by decision establishing a right of service or other right of use,
public interest in publicly available electronic communications services
in the use of real estate, if
(a) the electronic communications provider demonstrates that it is in a position to reach an agreement with the owner of the property concerned
expected as well
(b) it is justified for the purpose of the necessary development of a high-speed electronic communications network and the use of the property is substantial
does not hinder.
*

(3)

An application under paragraph 2 shall also be subject to an authorization procedure for the construction of an electronic communications structure

can be submitted and judged. The Authority shall finalize the authorization procedure for the application under paragraph 2
suspended until completion.
*
4. The
conduct of an electronic communications service provider in accordance with paragraph 2 ( a) shall be presumed if the agreement

the owner of the property concerned has not been informed for at least 30 years prior to the submission of the application under paragraph 2.
*

received an offer to establish a servitude or other right of use by agreement and the offer included
a) the name of the electronic communications structure to be constructed, its characteristics, location, method and space requirements,
b) the content of the service or other right of use,
c) the marking and technical characteristics of the electronic communication equipment to be installed on the electronic communications structure,
d) plans for the restoration of the environment of the electronic communications structure,
(e) a draft contract for the conclusion of the agreement establishing the right of servitude or other right of use, and
a clear offer of consideration to be paid to the owner of the property concerned,
(f) the calculation of the consideration under point ( e) ; and
g) a*warning regarding subsections (4h) - (4i) of Section 94 and the possibility of official proceedings pursuant to subsection (2).
*

(4a)

*
5. The
official decision shall specify:

a) for the purpose of which publicly available electronic communications service is restricted,
(b) the content of the service or other right of use, in particular the authorized representative of the electronic communications service provider;
the right of access to the territory of the property concerned for the inspection, maintenance and repair of electronic communications facilities and equipment
necessary troubleshooting,
c) the place and manner of placement of the electronic communications structure,
(d) the technical characteristics of the electronic communications equipment that may be installed on the electronic communications structure and the relevant
the limit values ​laid down in environmental, public health, public safety and construction legislation, and
(e) the conditions necessary and sufficient to restore the environment to its original state.
(6)

*

*
(7) The
amount of compensation pursuant to Section 96 (1) shall be agreed between the electronic communications service provider and the property owner.

In the absence of an agreement and the right of servitude or other right of use 94 / A. § in the case of the establishment of servitude or other use
within 15 days of the decision becoming final, the electronic communications service provider shall, at its own expense:
the amount of compensation to the owner of the property or, if the owner of the property
is not possible due to a reason arising in its area of ​interest or due to other circumstances, in particular the significant number of property owners concerned
the transfer of compensation would be extremely difficult or significantly delayed, in favor of
in accordance with the provisions of a ministerial decree and the owner of the property can be
notified in this way. If the information is not provided for a reason in the property owner’s interest, the electronic communications
the service provider is obliged to inform the Authority about this at the same time as proving the reason for excluding the information.
(8) If* the amount of compensation does not allow for a court deposit, the electronic communications service provider shall
It shall certify to the Authority the availability of the amount.
*
(9) An
electronic communications service provider may start to exercise the rights set out in the decision only after the indemnification

the amount has been handed over to the owner, deposited or the availability of the amount has been confirmed in accordance with paragraphs 6 to 7.
*
(10) Compensation
shall be paid in a single amount, in cash, otherwise in respect of the method of compensation in matters not regulated here, the

expropriation compensation rules.
(11) If* the electronic communications service provider claims compensation or damage related to its activities in the exercise of its rights,
the owner of the property or the amount offered by him and not taken over by the owner of the property, as well as the payment
does not cover the indemnity or the owner of the property does not agree with the amount of the indemnity, the owner of the property
you can assert your claim in court proceedings.
*
§ 96. (1)* The owner
of the affected real estate - the public area, the state-owned real estate, the owner affected by the joint use of assets

owner of an electronic communications structure and a high-speed electronic communications facility established pursuant to Section 94 (4e)
with the exception of the owner of the real estate affected by the network - in accordance with the extent of the restriction arising from this Act, the Civil Code. compensation under
deserves it.
*
(2) the
exercise of the rights arising from the restriction by the electronic communications provider placing the electronic communications structure, or

he is obliged to compensate for the damage caused during the construction works. It is also obliged at its own expense upon completion of work on the environment
also to restore it to its original state.
3. The electronic communications structure shall be located on the property concerned in such a way that the owners of the adjacent properties are
in the exercise of their rights within the limits set by environmental, public health, public safety and construction legislation
least disturbed by the circumstances, this will occur during the siting and operation of the installation.
disturbance does not constitute unnecessary disturbance as defined in the Civil Code.
*

(4)

A 94 / A. §, § 95 and § 96 on the affected property owned by the state, owned by a local government or

privately owned real estate, in the case of state property of the owner of the real estate, the trustee registered in the real estate register,
failing this, the owner, the holder of property rights, shall be understood.
*
96 / A. § (1)
The service or other right of use belongs to the current electronic communications service provider and the real estate

burden on its owner. The right of servitude or other right of use shall become final after the decision of the official authority establishing it has become final, or
under an agreement with the property owner. Establishment of a service or other right of use based on a decision
electronic communications service provider, the change of name, the change of person, the change of name from the time of the change
It shall notify the Authority within 30 days.
*
(2) The
registration of a service or other right of use in the real estate register shall be requested by the electronic communications service provider.

under an agreement with the property owner. In the case of a decision - based servitude or other right of use, the Authority shall a
by a decision that has become final, it applies to the real estate authority for the registration of the right of use in the land register.
(3) The service or other right of use shall cease if the electronic communications service provider
does not construct an electronic communications structure within four years from the creation of the service or other right of use,
discontinues use for more than 12 months or removes it permanently. The right of use also terminates by agreement of the parties. The official
a building permit or other right of use established by a decision terminates a building permit issued for the construction of an electronic communications structure
if the structure is not built by the electronic communications service provider until the expiry of the permit.
(4) With the exception of the right of use based on the agreement, the licensee shall terminate the right of use within 30 days thereafter.
It must notify the authority, failing which it may become known at the request of the property owner or in any other way.
ex officio in a decision of the Authority.
*
(5) The
licensee shall delete the right of use based on the agreement from the real estate register by submitting the agreement

at the same time he must request. Otherwise, the Authority shall seek a decision by the finalization of the right of use
real estate authority to cancel the right of use.
Section 97* (1) If it is necessary to remove or relocate a legally constructed structure, these works may be carried out in accordance with Section 94 (4e).
with the exception of the high-speed electronic communications network set up under
arose. A structure which complies with the provisions of the 1997 Act on the Design and Protection of the Built Environment shall also be deemed to have been lawfully constructed.
LXXVIII. pursuant to Section 48 of the Act.
2. Where the relocation involves the modernization or upgrading of an existing structure, the costs shall be borne in proportion to the interest.
to be shared.
§ 98. The builder of an electronic communications structure is entitled to use the river water, canals, natural lakes and their riverbeds, as well as the
use of airspace over the territory of a country for the purpose of electronic communications.
*
98 / A. § Facilitate
the selection of possible routes for broadband network development investment, complete licensing,

in order to prepare notification documentation, the electronic communications service provider or the planner shall initiate the official procedure
may consult the Authority and the relevant authorities and bodies
to participate in the conciliation.
The public interest obligation of the property owner in relation to the protection of electronic communications

§ 99. (1) In order to ensure the operation of electronic communications, the owner or possessor of the real estate is obliged to
remove bushes, branches, roots. The costs of removal shall be borne by the electronic communications provider concerned.
2. In*order to comply with the obligation set out in paragraph 1, the electronic communications service provider concerned shall request in writing:
the owner of the property. If the owner does not take action within 15 days of the written request, at the request of the service provider a
Authority may by decision order the owner to carry out the work.
Construction of physical infrastructure inside the building *
*
99 / A. § (1)
Newly constructed buildings, including their jointly owned elements, are ready to receive high-speed technology,

physical infrastructure up to the network endpoint through which the subscriber or user
access services through the physical and logical connection of an electronic communications terminal.
(2) A building access point shall be established in newly constructed buildings with several separate destination units.
3. Paragraphs 1 and 2 shall also apply to construction work on an existing building which involves:
includes structural changes to all or a significant portion of the physical infrastructure within a building.
(4) The Government may determine in a decree the conditions under which the provisions of this Section or
their part as defined in the Regulation shall not apply.
(5) The inspection of the regulations pursuant to this Section does not fall within the competence of the Authority for construction supervision inspection.
Providing access to physical infrastructure within the building
*

99 / B. §

*

(1) An electronic communications service provider is entitled to its own electronic communications network up to the access point of the building

to build at the expense of
(2) If the construction of a physical infrastructure parallel to the physical infrastructure inside an existing building is an objective technical or
is not possible for economic reasons, the electronic communications service provider is entitled to use the physical facilities already existing inside the building
access the infrastructure and use it alone or with other service providers.
(3) If another electronic communications service provider is entitled to have the physical infrastructure inside the building, the network elements and
sharing access to related assets and litigation in the event of a refusal of access
the provisions of Section 90 shall apply.
(4) If the owner of the building or a third party is entitled to have the physical infrastructure inside the building, the owner shall:
or that third party (hereinafter referred to as the person entitled to have the physical infrastructure inside the building)
physical infrastructure and the sharing of the in-building access point by one or more service providers
make a written request for access from an electronic communications service provider.
5. The person entitled to request the physical infrastructure of the building shall be provided with a fair and non-discriminatory
under free conditions. Providing access to the physical infrastructure within the building
requires conversion, the costs directly related to the conversion - the justified costs for a justified renovation
the electronic communications service provider using the access. Physical infrastructure inside the building
for the use of the property owned by the property owner or a third party access fee only for the physical within the building
infrastructure in connection with the construction of a high - speed electronic communications network with the owner of the property, or
reasonable costs incurred by a third party may be taken into account.
*

(6)

If the request of the electronic communications service provider pursuant to subsection (4) complies with the provisions of this Act

conditions, the person entitled to have the physical infrastructure inside the building is obliged to comply with the requirements of the request a
to reply on the merits within 15 days of receipt, accepting or rejecting the request. The inquiry
is entitled to initiate a substantive consultation with the electronic communications service provider. The parties shall reconcile
a report shall be drawn up on the outcome.
(7) A person entitled to have physical infrastructure inside a building shall not be obliged to accept a request pursuant to subsection (4),
if one of the grounds for refusal set out in Section 90 (4) ( a) - (c) exists.
(8) If*the person entitled to have the physical infrastructure inside the building makes the request in accordance with paragraph (7)
rejects, it shall indicate in its reply on the rejection any of the reasons set out in Section 90 (4) ( a) - (c) , and
he must justify his answer and substantiate it with evidence.
9. If,*upon request pursuant to paragraph 4, the requested party does not comply with the period specified in paragraph 6
does not respond in substance or otherwise engages in conduct that results in a delay in consultation between the parties, the
in order to facilitate consultation between the Parties, to facilitate substantive
may lodge an application for a supervisory procedure with the Office if no legal proceedings have been instituted in respect of the subject matter of the application.
10. If,*upon request pursuant to paragraph 4, the requested party, within the period specified in paragraph 6,
does not respond or does not respond in substance or otherwise engages in conduct that would prolong the consultation between the parties
the Office imposes a fine of up to 0.05% of the infringer's net sales, but at least one hundred thousand forints.
In the absence of sales data or disclosure of sales revenue, the amount of the fine shall be at least fifty thousand forints and no more than one hundred million forints. § E
For the purposes of this Regulation, net sales revenue shall mean the net sales revenue of a participant in the proceedings in accordance with the Accounting Act.
*
(11) In
determining the amount of the fine, in addition to applying the provisions of Section 48 (2), the Office shall consider the case

all the circumstances, in particular the turnover of the infringer, the gravity of the disadvantages caused by the infringement and the recurrence of the infringement.
*
99 / C. § (1)
If a person is entitled to have the physical infrastructure inside the building in accordance with Section 99 / B. § (4)

rejects it or the agreement is not reached within 30 days of receipt of the initiative, at the request of either party a
You can contact an authority.
2. In its proceedings under paragraph 1, Articles 57 to 61 shall apply. § shall apply with the following exceptions
*
(a) the
application shall be accompanied by Article 99 / B. § (4), a postal receipt confirming its receipt or

another document and, if available, a statement from the other party or a substantive response to the offer and rejection of the offer
evidence supporting the reason for the refusal,
b)

*

(c) where the procedure is initiated by the electronic communications provider, the applicant shall demonstrate that the
99 / B. § (2) exists,
(d) the person entitled to have the physical infrastructure inside the building and the physical infrastructure inside the building;
another service provider must prove its costs and any reason for refusal pursuant to Section 90 (4).
existence,
(e) the Authority uses another provider of physical infrastructure inside the building for the purpose of sharing the physical infrastructure.
the nature of the data requested, the data requested cannot be
business secret.
3. If the request is well-founded, the Authority shall, in accordance with the detailed rules laid down in a decree of the President, determine the common position.
fair and non-discriminatory conditions of use, in particular fair
fees, costs.
(4) If,* on the basis of the facts revealed during the dispute proceedings, the Authority establishes the provisions of Article 99 / B. § (9)
prior to the initiation of legal proceedings for the same infringement.
procedure, the Authority shall, in the case of an express request for the imposition of a fine contained in the application initiating the dispute proceedings,
in its decision to close the proceedings on the merits, is entitled to 99 / B. § (10) and (11).

PART FOUR
OBLIGATIONS OF ELECTRONIC COMMUNICATIONS SERVICE PROVIDERS

XI. Chapter
OBLIGATIONS REQUIRED FOR ELECTRONIC COMMUNICATIONS SERVICE PROVIDERS
*
§ 100. (1)
Unless otherwise provided in this Act, the Authority shall apply to service providers without significant market power in this Chapter:

it may not impose or maintain obligations other than those specified.
*
2. The
Authority shall promote efficiency, sustainable competition, the development of extremely high-capacity networks and investment.

in order to encourage and promote, and to enforce consumer benefits, the objectives and principles set out in § 2.
may impose an access or interconnection obligation in accordance with
for an electronic communications network operator. In this context, the Authority may require the service provider to comply with Section 104, Section 106,
and obligations under Section 107 and other obligations not tied to significant market power as defined in this Act.
In this context, the Authority
(a) for a provider with end-user access, a connection between subscriber access points
may impose, where appropriate, subscriber access points
connect your network to another service provider to ensure
(b) require the provider with end-user access to ensure interoperability between services
ensure the cooperation of services where appropriate and to the extent necessary;
(c) require the operator of an electronic communications network to ensure that digital radio and television programs and related
fair, reasonable and equal treatment of APIs, EPGs in order to provide additional services to end users
provide access to other service providers and enterprises under conditions that meet the requirements of
2a. An* implementing act issued by the European Commission on end-user interconnection
efficiency, sustainable competition, extremely high capacity and
networks and to encourage and promote investment and consumer benefits
may impose the obligation necessary for the connection between subscriber access points and the interoperability of services in § 2
in accordance with the objectives and principles set out in
for service providers with coverage and customer numbers. In this context, the Authority may in particular:
(a) the publication of specific information relating to the provision of the service to the Authority and other service providers
sharing and enabling its use;
(b) standards and specifications drawn up by the European Commission and published in the Official Journal of the European Union, and other
application of relevant Union or international standards.
(3) The Authority may, by its decision, prescribe that the service provider provides its service for the sharing of assets pursuant to Section 90.
to all other service providers who require it, provided that there is a duplication of the assets covered by the service
uneconomical or physically unfeasible.
(4)

*

(5) If the service provider does not comply with the provisions of the decision of the Authority, the Authority shall ex officio
obliges.
*
100 / A. § (1)
In the case of a well-founded request to this effect, the Authority may in its decision prescribe the

devices inside buildings or, if located outside the building, up to the first collection or distribution point.
the electronic communications network operator or the person authorized to have the physical infrastructure inside the building
if duplication of the requested wires and associated equipment is uneconomical or physically feasible
impracticable and the imposition of an obligation is necessary to promote competition towards end-users. The Authority
may determine in its decision the conditions for access to the pipelines, associated facilities and services; and
It may impose obligations pursuant to Section 102, Section 104 and the sharing of costs. Cost sharing
In setting the conditions, the Authority may take into account the risk factors associated with the sharing.
2. The Authority may extend the obligations imposed under paragraph 1 on fair and reasonable terms to the first collection or
the network component above the distribution point, if required under paragraph 1, or, where applicable
obligations imposed under Article 63 are not in themselves sufficient to
to address emerging market problems and existing or emerging
competitive situation may lead to a reduction in the competitive advantage for end-users. The Authority is bound by the obligation
the boundary of the network component in such a way as to be as close as possible to the end-users, while
enable the requester to reach the number of end-users required to provide an economical service.
3. The Authority may impose obligations for access to active or virtual network elements where the passive
access to network elements is technically unfeasible or not economically feasible and imposes an obligation
without it, the regulatory objective of the access obligation cannot be achieved.
4. Except where provided for in paragraph 5, the Authority shall not impose the obligations set out in paragraphs 2 and 3.
a) a 63 / A. § (2), which, for other service providers,
fair, non-discriminatory and reasonable conditions for economic access to the end-users concerned.
provides access to an extremely high capacity network,
b) a 63 / A. § (2), if the Authority has identified the individual case
on the basis of the facts, that the service provider, including the charges, is fair, non-discriminatory and reasonable;
offers access to an extremely high capacity network to other service providers under conditions, or
(c) where imposing the obligation would jeopardize the establishment of a new network, in particular in the context of a smaller local project;
economic or financial feasibility.
5. An obligation under paragraphs 2 and 3 may also be imposed in the case referred to in paragraph 4 ( a) if the part of the network concerned is public.
was built with support.
100 / B. §

*

1. In its decision, the Authority shall address the requirements for passive network elements to the operator of the electronic communications network

an agreement relating to the provision of access or the provision of roaming access for a specified area
may provide for the conclusion of obligations in the case of a local level service based on the use of radio frequencies
directly to end-users and to other end-users
available to the public on a fair, non-discriminatory and reasonable basis - no similar and feasible solution
at will.
2. Where access to passive network elements is not in itself sufficient to achieve the objectives set out in paragraph 1, the Authority shall:
may impose obligations to share active network elements.
The obligations set out in paragraph 1 may be imposed by the Authority if:
(a) the possibility of imposing obligations in the form of an individual license or an official contract granting the right to use the frequency
clearly records and
(b) networks based on the use of radio spectrum necessary for the provision of the service in the area covered by the obligations; or
the construction of infrastructure providing services on a market basis in the absence of obligations is an objective economic or
impossible for physical reasons and therefore end-users' access to networks or services is severely incomplete or impossible
would be.
4. In imposing its obligations under paragraph 1, the Authority shall take into account, in particular, the following regulatory objectives and considerations:
taking into account:
(a) ensuring the availability of networks and services along major transport routes, and in particular in rural areas;
(b) a significant increase in end-users' choice of services;
(c) the potential for improving service quality;
(d) efficient use of radio spectrum;
(e) the technical feasibility of sharing and associated conditions;
(f) the state of competition in the market;
(g) technological innovation;
(h) the primary need to support incentives for the network operator to build the network primarily.
5. Where an obligation set out in paragraph 1 is imposed by the Authority in an application procedure, the
access to network elements or roaming access under the obligation
the Authority may require the sharing of radio spectrum by the
network operator.
§ 101. In* prescribing the obligations under § 106, the Authority may establish such obligations for both the obligor and the eligible service providers.
technical and operational conditions necessary for the integrity of the network.
101 / A. §

*

1. The obligations imposed by the Authority under this Chapter shall comply with the principles of objectivity,

transparency, non-discrimination and proportionality.
2. Within a period of five years from the date on which a decision imposing obligations under this Chapter becomes final, the Authority shall automatically
examines whether it is relevant to the market effects, the results and the case of the official decision
in the light of changes in circumstances, it is justified to impose on a service provider without significant market power
modification or withdrawal of an obligation. If justified, the President shall initiate official proceedings ex officio with no significant market power
to modify or withdraw the obligation imposed on the provider.
XII. Chapter
OBLIGATIONS OF SUPPLIERS WITH SIGNIFICANT MARKET POWER

*

Transparency
*
§ 102. (1) In its
decision, the Authority may prescribe obligations ensuring transparent operation of the wholesale service provider.

for a service provider with significant market power in the markets for interconnection and access, and may require
information specified for the service provider, in particular
(a) *accounting and technical information, network characteristics and expected changes thereto,
*
(b) the
conditions for the provision and use of the service, including the use of the services and applications;

modifying any conditions restricting access to them, in particular the switchover from traditional infrastructures
conditions applicable to
(c) the publication of prices; and
*
(d) measures
taken to ensure equivalent access for disabled end-users

comparable, relevant and up-to-date publication of information.
*
2. The
Authority may, in relation to obligations imposed on the basis of the principle of equal treatment, require wholesale

service providers with significant market power to the network contracts covered by this obligation
submit it to the Authority within 8 days of their conclusion.
§ 103. (1) In *order to ensure transparency, the Authority may, inter alia, prescribe compliance with the provisions of its decision
the preparation of a reference offer with a breakdown and detail, the scope of the data to be disclosed and the method of disclosure.
(2) If,* on the basis of a decision of the Authority, the service provider is required to comply with Section 106 or 106 / A. §, for the network infrastructure
wholesale access obligation with significant market power in the wholesale services markets
shall be required to publish at least a reference offer with the content specified in the decision of the Authority.
(3)

*

The service provider obliged to prepare the reference offer (for the purposes of this §: obligated service provider) in the decision of the Authority

any interconnection or access is subject to its reference offer published under certain conditions
against the requesting service provider (for the purposes of this §: eligible service provider), from which the eligible service provider in its network contracts
nor with his consent.
(4) The obligated service provider shall provide the services included in the reference offer to the eligible service provider
(a) in a transparent manner,
b) the principle of equal treatment,
(c) in accordance with the requirements of fair trading; and
*
(d) the
market for the services provided, as required by law or, following a market analysis, by a decision of the Authority

by breaking it down into appropriate basic services
must provide.
(5) Detailed rules for reference offers are contained in a separate legal act.
Equal treatment

Section 104 (1)*

The decision of the Authority shall cover equal treatment with regard to interconnection and access

impose obligations on a provider with significant market power in wholesale service markets.
*
2. Equal
treatment obligations shall, in particular, ensure that

service provider with significant market power
(a) in respect of other providers of essentially the same services, in substantially the same circumstances
applies essentially the same conditions, and
(b) provides services and information of at least the same quality to others under at least the same conditions as
which it applies to its own services or to those of any other service provider controlled by it.
*
2a. Within
the framework of the obligation set out in paragraph 2, the Authority may require a provider with significant market power to:

all service providers, as well as their own retail area, with uniform deadlines and conditions, including
and quality of service conditions - and provide access through the same systems and processes.
*
(3) For
the purposes of this Act, conduct may be considered to be in conflict with the principle of equal treatment, in particular if the wholesale

service provider with significant market power in service markets:
(a) unduly makes the provision of a network service subject to technical conditions, the fulfillment of which is limited or limited

service provider capable;
(b) pricing conditions, including after-sales charges, when determining the value of the network service
the most favorable conditions for only one or a small number of service providers
available;
Page 7

(c) applies in its contracts with its subscribers unreasonable terms which result in the subscriber being required to:
a change in the legal relationship between the subscriber and another electronic communications service provider
jeopardizes the fulfillment of an existing or future agreement on an electronic communications service;
(d) its contract with its subscribers includes a clause providing for the provision of services by another electronic communications service provider
excludes its use;
*
(e) define
the conditions or quality characteristics of the use of the network service in such a way that they cannot be

worse than a retail service based on this provided by a service provider under its control
conditions or characteristics of its implementation or use.
Accounting separation
*

§ 105

1. The Authority may, by decision, impose detailed obligations regarding accounting separation through interconnection,

and in relation to specific access-related activities in the wholesale services markets
service provider.
2. In relation to accounting separation, the Authority may require, inter alia, the application of the principle of equal treatment.
to ensure compliance and to prevent unfair cross-financing of wholesale services
transparency of wholesale prices and internal transfer pricing for service providers with significant market power.
3. The Authority may, by decision, identify a provider with significant market power in the wholesale services markets
the principles, format and methods to be used for accounting separation and the content of the statements.
(4) The Authority may, taking into account the provisions of Section 33 (4), publish accounting data which:
contribute to the creation of an open competitive market.
Access and interconnection obligations
*

§ 106

(1) The service provider with significant market power in the wholesale services markets is the defined network

access to items, services and related sharing of assets, economically and technically
in the case of a justified request, in accordance with the decision of the Authority.
2. The Authority may impose an obligation under paragraph 1 in particular where a refusal of access, a previous
unreasonable conditions with a similar effect would, in the Authority’s
competition in the field of subscriber services and would lead to a result contrary to the interests of end-users; §
obligations do not in themselves contribute sufficiently to the development of effective market competition and end-users
interests.
In prescribing paragraph 1, the Authority may in particular require the provider to:
(a) provide access to network elements and associated facilities as determined by the Authority, including, as appropriate,
local loop and local sub-loop handover; also providing access to active or virtual network elements and services;
(b) negotiate in good faith with the person requesting access;
(c) not revoke access to services or facilities previously granted;
(d) provide specified network services to third parties for resale;
(e) provide free access to interfaces, protocols or other key technologies
services, including virtual network services, are essential for interoperability;
(f) allow co-location or other forms of device sharing;
(g) necessary to ensure the interoperability of end-to-end services for users
provide specific services, including roaming on mobile radio networks;
(h) provide access to operational support systems or similar software systems that provide services
necessary to ensure fair competition;
(i) interconnect or connect networks or network devices and facilities;
(j) access obligations, in so far as this is necessary to ensure the proper functioning of the network
meet the necessary specific technical or operational conditions;
(k) provide access to related services, including identification, location and presence services.
4. In its decision, the Authority shall set out the detailed conditions for fulfilling its obligations under paragraph 1, in particular:
conditions of fairness, reasonableness and timing, as well as
technical and operational conditions binding on both the obligated and the eligible service providers due to the integrity of the network
are required.
5. In considering the justification and necessity for imposing the obligations set out in paragraph 1, the Authority shall examine whether:
access possibilities other than those provided for in this §, either available in the market under investigation or in a related market
whether they are sufficient in themselves to adequately address the identified competition concerns in the interest of end-users. The access
The scope of the examination shall cover access opportunities as provided for in Section 100, commercial offers and
existing under an electronic communications rule relating to other network devices and services, or
planned access. The Authority shall also consider the following aspects when imposing obligations under paragraph 1
takes into account:
(a) the technical feasibility of using or installing competing network equipment or facilities; and
economic rationality depending on the pace of market development, taking into account the nature of the interconnection and access concerned, and
including access to other facilities and services on which the access service is based,
such as the feasibility of access to substructures;
(b) the feasibility of providing access depending on available capacity;
c) the initial investment of the owner of the network asset or facility, taking into account all public,
municipal and other non-private investment risks in the context of ultra-high capacity
related investments and different levels of risk;
(d) the need to protect competition in the long term, paying particular attention to cost-effective infrastructure-based competition;
and innovative business models that foster sustainable competition, such as joint investment in networks;
(e) the right to any intellectual property;
(f) the provision of pan-European services;
(g) expected technological developments in network design and management;
(h) the need to ensure technology neutrality, which allows service providers to design their own network; and
management.
(6) The detailed terms of the interconnection and access contract, as well as the offer and negotiation for this purpose
the rules of procedure shall be laid down by the Authority.
(7) A service provider with significant market power in the wholesale services markets is a network service or
You may not make access to such a device conditional upon the use of such other services
or using a device.
(8) If the Authority prescribes obligations regarding the provision of access by electronic means in accordance with the provisions of this Section
to a service provider operating a telecommunications network for the purpose of ensuring the proper functioning of the network
conditions imposed on that provider or the eligible provider in accordance with the conditions published in the Official Journal of the European Union
a list of non - binding standards or specifications or standards adopted by European standardization bodies, or
regulations. In the absence of European Union standards or regulations, the technical or operational conditions are those of the International Telecommunication Union,
European Conference of Postal and Telecommunications Administrations, the International Organization for Standardization or the International Electrotechnical Commission
may also be determined in accordance with international standards or recommendations adopted by
*

Access to electronic communications structures

*
106 / A. § (1)
In the decision of the Authority, electronic communications structures, in particular buildings or buildings

cabling, cables, antenna structures, towers and other
for support structures, columns, support columns, substructures, cable ducts, control chambers, control shafts
and cabinets - and an obligation to share the associated equipment
for a service provider with significant market power in wholesale service markets.
2. The Authority may impose an obligation under paragraph 1 in particular where a refusal of access, a previous
unreasonable conditions with a similar effect would, in the Authority’s
competition in subscriber services and would be contrary to the interests of end-users.
3. Where necessary and proportionate to achieve the objectives set out in paragraph 2, the Authority shall also
may require access to a service provider with significant market power in wholesale services markets,
which are not directly related to the services provided in the relevant market.
Special rules for device sharing and space sharing

§ 107. (1) In* the decision of the Authority in wholesale service markets obliged to share assets and share space
service provider with significant market power (for the purposes of this §: obligated service provider) - in addition to the obligations set forth in § 90 is obliged to provide the data according to this § to the right holder and to cooperate with the authorized service provider in accordance with the following rules.
2. The allocation of seats shall specify in particular:
(a) information on the obligated service provider's relevant network locations;
(b) information on co-location options at the locations indicated in the previous point (including physical, remote and virtual
location sharing);
c) in the case of virtual co-location, equipment features or restrictions;
d) access to the property and to the rooms and parts of the rooms containing the equipment, network parts, centers
and the order of stay;
e) the installation and maintenance of equipment used by the authorized service provider or owned by the obligated service provider,
the rules for eligibility for error correction;
(f) the security standards applied;
(g) the conditions for the examination of co-location sites rejected for objective technical reasons by the eligible service provider; and
rules of appeal;
(h) the conditions for access to information systems, in particular the support systems for the operation of the obligated service provider,
conditions for access to its information systems and databases pre-order, supply, order, maintenance and repair
and billing;
(i) the manner in which the parties will cooperate with each other in the sharing of space or the use of equipment and to each other for this purpose
with regard to their existing data protection and data provision rights and obligations.
(3) Co-location shall be implemented on the basis of the principle of least cost available.
(4) The obligated service provider shall provide the equipment of the authorized service provider - at the expense of the eligible service provider in particular:
(a) an adequate power supply;
(b) the possibility of connecting to the obligated service provider's network.
(5) Requirements relating to the equipment used by the authorized service provider may only be used for the following purposes
prescribe:
(a) the protection of human life and physical integrity;
(b) avoidance of electromagnetic incompatibility;
(c) ensuring compliance with the relevant interface specification of the obligated service provider;
(d) ensuring compliance with the network characteristics of the obligated service provider's cable;
(e) equipment design commensurate with the size of the space provided during space sharing;
(f) fire safety regulations.
(6) Detailed rules for location sharing related to access and interconnection, in particular related to it
costs are covered by a separate legal act.
(7) If the service provider is obliged to apply a reference offer, it is obliged to include the provisions of this section in its reference offer.
to indicate.
*

Obligations related to price regulation and cost accounting

*
§ 108. (1)
The Authority shall promote cost efficiency and sustainable competition, as well as the enforcement of end-user benefits.

if the market analysis finds that the lack of effective competition may lead to the
unreasonably high charges or margin squeeze - with significant market power in wholesale
cost recovery and price control for certain interconnection and access services
may impose an obligation to do so. In particular, they
(a) impose an obligation to apply cost-based charges,
(b) impose an obligation to apply a specific cost accounting system or method; and
(c) cost accounting different from that otherwise used by the service provider in order to calculate the cost of an efficient service
method.
2. In considering the justification or necessity for imposing or maintaining an obligation under paragraph 1, the Authority shall:
in particular, it shall take into account the following aspects:
(a) encouraging the construction of new networks and the development of existing networks;
(b) promoting sustainable competition;
c) the enforcement of end-user benefits and interests;
(d) cost-effectiveness; and
(e) where there is a demonstrable retail price foreclosure effect from the retail market, Articles 102 to 107 shall apply. §
obligations, including in particular the economic reproducibility test required under Article 104, are effective and non-discriminatory.
provide free access.
(3) If the Authority imposes an obligation related to price regulation, the Authority shall, when determining the content of the obligation:
takes into account that price regulation
(a) ensure a fair return on investment, taking into account the costs of building new networks;
risks closely related to the investment;
(b) ensure the establishment and operation of next generation networks, in particular ultra-high capacity networks;
long-term end-user interests in this regard, taking into account the service provider’s investments,
in particular investment in next generation networks;
(c) efficient access to existing network elements and new networks
based on the imposition of stable and predictable charges to support the deployment and development of existing networks.
4. In imposing the obligation under paragraph 1, the Authority shall take into account comparable competitive markets
available prices, taking into account significant market power in the relevant wholesale services markets
prices charged by service providers in a similar situation to
5. In the case of an obligation under paragraph 1 ( a) , the burden of proving cost-orientation, including
support for a reasonable rate of return. The Authority may require the provider to provide a full justification for the charges. THE
to cover the costs incurred in providing the service when assessing the legality of cost-based charges only to the extent that
may be taken into account provided that it does not exceed the investment required by the efficient service provider to provide that service
your need for a fair return and the risk you are taking on your investment.
6. In the case referred to in point ( b) of paragraph 1, the description of the cost accounting system or method shall be
shall disclose in detail that the main cost groups and cost allocations
the rules for the allocation period are known. Suitable for the cost accounting system or method
compliance must be reviewed annually by an auditor and the service provider must publish a statement of compliance to that effect.
7. In proceedings for market analysis and market definition or for the enforcement of an obligation imposed, the Authority shall:
you may require the service provider to change the charges or to charge for the network service.
*
108 / A. § (1)
If the Commission does not set a maximum call termination fee in a call termination market and the Authority

market analysis found that competition in this call termination market was not effective, the Authority
principles, criteria and standards for the application of a cost-based termination
may impose an obligation.
2. The Authority shall monitor the termination rates applied by call termination service providers and, where a service provider
does not correspond to the fee set out in the Commission Regulation, the Authority
may oblige the service provider to pay the call termination charge in line with the charges applied by other service providers under the Commission Regulation.
to adjust.
3. Where the Authority imposes a cost-based call termination fee in accordance with paragraph 1 and
the call termination charge applied by the call termination service provider does not comply with the obligation under paragraph 1
the Authority may, in a general regulatory oversight procedure, oblige the service provider to
to apply a cost-based call termination fee set by the Authority in accordance with paragraph The Authority shall report annually to the Commission
and BEREC on the application of this section.
Functional separation

*

*
108 / B. § (1)
If the Authority establishes that 102-108 / A imposed on a service provider with significant market power in a relevant market.

As a result of the obligations under § 1, effective competition and in certain markets for access services have not materialized significant and
persistent competition problems, market distortions, may require vertically integrated
provider to carry out its activities related to the access service of the data subject within an independent economic entity.
2. An independent entity within the meaning of paragraph 1 shall provide all service providers with the same time limits and contractual terms, including:
in particular the conditions relating to price, quality of service and time limit for performance, as well as identical systems and
procedures for the provision of access services. An independent entity within the meaning of paragraph 1 is a significant market
over the service provider with power, the Civil Code. majority-owned independent entity under
it shall apply the same treatment to other independent entities in accordance with this paragraph
in accordance with the principle of
3. The Authority shall lay down in its decision the detailed rules for unbundling, specifying in particular:
(a) the exact nature and extent of the separation, in particular the legal status of the separate entity to be created;
(b) an indication of the assets of the separate entity to be formed and the goods or services to be supplied by it;
(c) management rules to ensure the staff independence of the employees employed by the new entity being created; and
related incentive scheme;
(d) the rules for ensuring compliance with the obligations;
(e) rules ensuring the transparency of service delivery processes, in particular vis-à-vis other stakeholders; and
(f) measures taken to ensure compliance with the obligations, including the publication of an annual report.
XIII. Chapter
OTHER OBLIGATIONS OF SUPPLIERS WITH SIGNIFICANT MARKET POWER

*

*

Obligations regarding retail services

§ 109. (1)* If the Authority establishes on the basis of the market analysis that in a retail service market defined by it, the
competition is not sufficiently effective and Articles 102 to 108 § would not be the objectives of this Act
feasible, for a service provider with significant market power in a given retail service and geographic market a
in order to protect the interests of end-users and to promote effective competition
may impose obligations:
(a) a ban on the application of excessive charges,
(b) foreclosure prices based on higher efficiencies than competitors that prevent entry or competition
prohibiting the use of
(c) the prohibition of unjustified discrimination between individual end-users,
d) prohibiting the use of unjustified tying,
e) the obligation to set a maximum retail selling price,
(f) the obligation to control individual charges; and
(g) the approximation of the level of charges to the level of costs or to prices on comparable markets
obligation.
(2) The obligations pursuant to subsection (1) shall be established in proportion to the objective to be achieved and the objectives specified in Section 2.
3. If the Authority, in its decision under paragraph 1,
obligation to keep a statement of expenditure necessary to verify the fulfillment of that obligation in its decision
may specify, inter alia, the principles, format and methods to be used and the statements to be made
content. If the Authority requires the service provider to keep a cost statement, the service provider is obliged
ensure that compliance is reviewed annually by an independent and appropriate body and
send the result to the Authority. The results of the investigation shall be made public by the Authority.
§ 110

*

§ 111

*

XIV. Chapter
OTHER RULES APPLICABLE TO PROVIDERS WITH SIGNIFICANT MARKET POWER
Special rules to facilitate the spread of Internet access
*
§ 112. (1)
If they have significant market power on the basis of a decision of the Authority in a relevant wholesale market

all or a substantial part of the local access network assets are owned by another entity
person or to set up a separate economic entity for the purpose of
provide the service provider, including its own retail divisions, with fully equivalent access products,
shall inform the Authority thereof at least 90 days before the completion of the planned transaction.
2. The service provider shall also inform the Authority of the non-execution of the transaction referred to in paragraph 1 and of the
the outcome of its process.
113-115. §
§ 116

*

*

PART FIVE
ENSURING APPROPRIATE SUPPLY TO USERS AND ACHIEVING OTHER PUBLIC OBJECTIVES
IN COMMUNICATION

XV. Chapter
UNIVERSAL ELECTRONIC COMMUNICATIONS SERVICE
Content of the universal electronic communications service
*
§ 117. (1)
Within the scope of the universal electronic communications service (hereinafter for the purposes of this §: universal service)

belongs to all consumers throughout Hungary through affordable access at a reasonable price
available broadband Internet access service or voice service, including the underlying services
connection, on the basis of a reasonable demand from the consumer.
(2) The bandwidth of an adequate broadband Internet access service shall be sufficient to enable the consumer to reach
or use the following services:
(a) electronic mail;
(b) search engines that allow any search;
(c) Internet tools for training and education, networking for professional purposes, job search and job search tools;
(d) internet newspapers and news portals;
e) ordering and purchasing goods and services on the Internet, Internet banking services;
(f) e-government and e-government services;
(g) social media, instant messaging and standard quality calls and video calls.
(3) If necessary to ensure the full participation of consumers in social and economic life, by decree of the President
may require that the broadband Internet access service or the voice service be provided through non-fixed access
The service provider is also obliged to provide an affordable service to any consumer in its service area
on the basis of reasonable demand.
4. The President shall regularly monitor the application of the requirements set out in paragraph 1, in the context of which
the situation, the evolution and the level of charges for the provision of services, in particular in relation to consumer prices and consumer incomes;
compared to. If, on the basis of the results of the audit, the President finds that the universal service is unaffordable,
and there is no government support for affordable service, the President is affordable universal service
may oblige the universal service providers referred to in paragraph 1 to
reduced rates for certain low-income or socially disadvantaged consumers
opportunities or tariff packages. If the provision of discounted tariff options or tariff packages is universal
would impose an excessive administrative or financial burden on service providers, the President shall
or to provide reduced tariff options or packages for consumers in special social situations
exceptionally, it imposes an obligation on the designated service provider (s) only by order of the President.
5. If the results of the President's geographical survey on very high capacity electronic communications networks:
if available, or on the basis of other information available to the Authority, establish that in the whole territory of the country
or in some parts of the universal service referred to in paragraph 1 is not available at all, is not available to consumers
and the universal service cannot be provided on a market basis or by State means or intervention in the field of universal service.
designate a universal service provider or providers in a decree of the President in order to ensure the adequacy of the service
as defined. In that case, the universal service shall be provided at the reasonable request of any consumer.
the designated universal service provider or providers in the area and under the conditions set out in the resolution of the President.
(6) The universal service provider shall, in the cases and in the manner specified in the decree of the President, ensure that
related terminal equipment for living consumers, as well as facilities and services to facilitate barrier-free access
be available and affordable.
§ 118

*

§ 119

*

§ 120

*

§ 121

*

§ 122

*
*

123-124. §
§ 125

*

XVI. Chapter
PROVISIONS RELATING TO THE INTERESTS AND RIGHTS OF SUBSCRIBERS
*
Communications and Media Commissioner

§ 126

*

Special communication services

126 / A. §

*

*

(1) Transmission used for number-independent interpersonal communication services and inter-machine services

the provisions of this Chapter shall apply to services, subject to the derogations set out in this Section.
(2) With regard to the number-independent interpersonal communication service, Section 127 (4b), Section 132 (4) - (5) shall not apply.
and Section 134 (14), (14a), (15) and (15a).
(3) The provisions of this Chapter - Article 86 / A. § and 149 / A-149 / D. § except - does not apply to number-independent interpersonal communications
a service provider with up to 10 employees and annual net sales or balance sheet total
an amount of up to EUR 2 million, if it does not provide other electronic communications services. That exemption is a
the service provider is obliged to inform the end-users in a verifiable manner before concluding the contract.
(4) Section 127 (4b) shall not apply to transmission services used for the provision of inter-machine services,
Section 129 (1a) and Section 134 (14) and (14a).
(5) With regard to transmission services used for the provision of inter-machine services, Section 132 (3) - (9) and Section 134 (15)
and (15a) shall apply only to the subscriber who is a consumer or a business subscriber,
which is a micro or small enterprise or public benefit organization according to the NMHH Decree on the detailed rules of subscriber contracts
conceptual scope.
Subscription contract
*
§ 127. (1) The
service provider, the consumer or other users (hereinafter together: the parties) on the provision of the subscriber service

they may only enter into a subscription contract which must comply with the requirements of clarity and non-contradiction.
An electronic communications service provider providing subscriber services is a general contract for subscriber services
shall draw up conditions, the compliance of which with the electronic communications rules shall be regularly examined by the Authority. The
subscription contract consists of the general terms and conditions as well as the individual subscription contract.
*
1a. Upon
the conclusion of a subscription contract, it shall become part of the subscription contract prior to the conclusion of the subscription contract.

the information provided to the subscriber by the service provider (hereinafter: prior information) and the subscription contract
summary of your data.
*
(2) The
NMHH issued in this Act and on the basis of the authorization of this Act on the detailed rules of subscriber contracts

For cases not regulated in the Decree, the Civil Code. its provisions on contracts shall apply.
2a. A *subscriber to a prepaid mobile radiotelephone service shall not exceed the number specified in the Presidential Decree.

you can enter into a subscription contract for a prepaid mobile radiotelephone service and do not sell your subscription
next.
2b. A *subscriber to a prepaid mobile radiotelephone service shall be entitled to
You may transfer the SIM card to a third party in the event that the data required for identification pursuant to Section 129 (2) are
Prior to handing over the SIM card, the electronic communications service provider was informed and the service provider is a third party
the validity of the official identity card suitable for proof of identity
checked in the register of ID cards. For the purposes of this paragraph, a close relative shall not be considered a third party.
2c. A*transfer which does not comply with paragraph 2b shall be considered to have led to a contract being deceived by the service provider.
*
(2d) The
service provider shall be the Minister responsible for the management of civil national security services as defined in a Government decree.

- sends a signal to a law enforcement agency if
(a) fixed in connection with a subscription contract for a prepaid subscriber mobile radiotelephone service
there are doubts about the authenticity or adequacy of customer identification data, or
(b) in connection with the use of a subscription to a prepaid subscriber mobile radiotelephone service,
in particular the circumstances of the subscriber, the number of subscriber contracts or the nature of the subscriber services used by the subscriber
on suspicion of a criminal offense.
(3) In* the case of a business subscriber, the service provider shall comply with the provisions of this Chapter on the detailed rules of the subscriber contracts
may derogate from this Regulation.
*
(4) The
parties to the individual subscriber contract in accordance with this Act, issued on the basis of the authorization of this Act, the subscriber

from the provisions of the NMHH Decree on the detailed rules of contracts and the general terms and conditions for the benefit of the subscriber
they may deviate with the same will.
*
4a. The
duration of a subscription contract may be indefinite or fixed by agreement between the parties.

4b. A *fixed-term subscription contract for the use of publicly available electronic communications services
- with the exception of paragraphs 4c and 4f, may be concluded for a maximum period of 12 months, subject to an offer to be made before the conclusion of the contract
the possibility of concluding a subscription contract of indefinite duration and the detailed conditions thereof.
4c. At *the request of a subscriber, a fixed-term subscription contract may be concluded for a period of 24 months if the subscription contract
The purchase of a device is also linked to the conclusion of the contract. The device is a fixed-term subscription contract concluded in this way for 24 months
the subscription fee calculated without installments related to the purchase of the contract may not be higher for the 12 months referred to in paragraph 4b
from the subscription fee for fixed-term contracts concluded with the same service content.
*
(4d) After
the expiry of the fixed-term subscription contract or the settlement pursuant to Section 134 (15), the service provider shall

At the request of the subscriber, he shall ensure, free of charge, that the device purchased with this contract is any service provider
be used as a subscriber (network unbundling).
4e. For* the purposes of paragraph 4c, the Internet access service or the
image and sound enabling the use of an audiovisual media service specified in the Act on Mass Communication
means a device capable of displaying
(4f) A*preferential contractual contract based on requirements recognized by the State to encourage the spread of Internet access
fixed-term subscription contract for the use of an Internet access service providing conditions a
with a subscriber entitled to benefit from preferential contract terms for a period of 24 months, even if
related to the purchase of equipment under paragraph 4c.
*
4g. The
maximum duration set out in paragraphs 4b, 4c and 4f shall not apply to the duration of a installment contract

in which the subscriber has undertaken to pay only for the establishment of the subscriber access point in installments. The subscriber access point
The electronic communications terminal equipment shall not be covered by the installment payment contract for the establishment of the electronic communications terminal
subscriber in the exercise of its rights relating to the duration and termination of the subscription contract.
(5) - (6) *
*
§ 128. (1) The
subscriber is entitled to use the given service at any time during the term of the contract on the basis of the subscription contract.

and connect an electronic communication terminal to the subscriber interface provided on the network.
2. An* electronic communications service provider may not make the use of a subscriber service conditional on the
other subscriber services or not for that subscriber service
essential from the purchase or use of another service or product.
(3)

*

*
(4) The
electronic communications service provider may not charge a separate fee necessarily associated with the provision of the service, or

closely related to it, at the cost of a service element not exceeding the normal rate. In particular, it cannot be charged
a separate fee for issuing an invoice, regardless of the invoice format, and for paying the invoice, regardless of the method of payment. In this paragraph
does not prevent the service provider from granting discounts to the subscriber.
(5) If* the package of services offered to the subscriber or the package of services and terminal equipment contains at least one
Internet access service or a publicly available, number-dependent interpersonal communication service, the package is all
Section 127 (4g), Section 132 (3) - (6), Section 134 (14), Section 144 (10) and Section 150 (2) shall apply to
and (3).
*

128 / A. §

The electronic communications service provider and the operator of the electronic communications network shall not prevent and

unilaterally restrict the use of radio equipment operated by a third party at the choice of the subscriber or end-user.
connect to a local area network.
2. The subscriber and the end-user shall be entitled - on the national frequency allocation and the rules for the use of the frequency bands
to the radio local area network and through it to the electronic communications service provider or the electronic communications service provider
to provide access to the network operated by the telecommunications network operator on a reciprocal basis or more widely
for the end user. This right is exercised by the electronic communications service provider and the operator of the electronic communications network
you cannot unilaterally restrict it.
The subscription contract has been concluded
*
*
§ 129. (1)
The parties
shall sign the subscription contract in writing, orally or by implied conduct - in accordance with this Act and the Decree of the President.

in a specific way. The provider of a publicly available electronic communications service is its subscriber
concludes the contract in accordance with its general terms and conditions.
*
1a. Before
concluding a subscription contract, a provider of a publicly available electronic communications service

shall make it available to the subscriber free of charge
(a) prior information on a durable medium containing the content specified in the President's Decree or, if that is not possible,
by means of an easily downloadable document, also in accessible formats for people with disabilities, on request, and
(b) a summary of the details of the subscription contract in a concise and easy-to-read format, as laid down in a decree of the President
according to a sample document.
1b. If,*for technical reasons, a summary of the details of the subscription contract is not possible before the conclusion of the contract,
subscriber contract shall enter into force if, without undue delay, the service provider
Upon receipt of the summary provided, the subscriber confirms his intention to enter into the contract.
1c. A *summary of the prior information and the details of the subscription contract with the content made available to the subscriber
becomes part of the subscription contract, unless the parties deviate from their content with the same will at the time of concluding the contract.
*
(2) In
order to verify the identity of the subscriber, the service provider shall use the prepaid mobile telephone

prior to the conclusion of a subscription contract for a service or for the purpose of reconciling data pursuant to paragraph 2b.
individual subscriber and, in the case of a business subscriber, the person signing the contract,
check the validity of your identity card in the register of official identity cards.
2a. In *the absence of a successful verification of the subscriber's identity as defined in paragraph 2, the subscriber contract
cannot be concluded and the service provider cannot start providing the service.
2b. In*order to verify the identity of the subscriber in accordance with paragraph 2, the service provider shall:
a) if the chain of fixed-term contracts pursuant to Section 134 (16) exceeds one year, the contract
one year after the date of conclusion of the contract, and annually until the anniversary date,
b) is obliged to reconcile the data of a third party pursuant to Section 127 (2b).
(2c) In* the case of a prepaid mobile radiotelephone service, the identity of the subscriber shall be verified online.
also through registration
(a) may initiate prior to the conclusion of a subscription contract for the service; or
(b) during the reconciliation pursuant to paragraph 2b.
(3) If the parties enter into a subscription contract in writing, the natural person subscriber shall declare at the time of concluding the contract that:
whether you want to use the subscriber service as an individual subscriber or as a non-individual subscriber. If the subscription contract is not
in writing, the service provider shall ensure that the subscriber can easily and free of charge
statement. The manner of making the declaration and its deadline are also stated in the service provider's general terms and conditions
define.
(4) The subscriber of the subscriber contract within the scope of paragraph 3 of the statement of the general contract
may withdraw or amend it in the manner specified in the
*
(5) The
individual subscription contract concluded in writing shall contain the provisions of the general terms and conditions

any discrepancies in a clearly visible and interpretable manner, in a conspicuous manner, and the information specified in the decree of the President
in the division laid down by decree of the President.
(6)

*

(7) - (9) *
*

130-131. §

Modification of the subscription contract
*
§ 132. (1)
The rules for concluding a subscription contract shall apply to the modification of the individual subscription contract.

(2) The general terms and conditions may allow the subscription contract to be covered by the service provider covering the individual subscription contract
unilateral amendment by the
(3) In the case of a unilateral amendment of a contract, the service provider shall notify the amendment at least 30 days before its entry into force.
to notify the subscribers affected by the given amendment on a durable medium, with the content specified in the decree of the President, the
together with information on the conditions of termination for subscribers and the legal consequences of termination.
(4) The service provider shall not be obliged to provide the notice period provided for in paragraph (3) for those amendments to the general terms and conditions.
apply when an amendment to the general terms and conditions becomes necessary due to the introduction of a new service and the amendment a
does not affect the general terms and conditions of services already provided.
(5) Notice of unilateral contract amendment of a provider of publicly available electronic communications services
within 45 days of receipt, the subscriber shall have the right to terminate the contract with immediate effect, without further legal consequences.
subscription contract.
(6) The subscriber shall not be entitled to terminate the subscriber contract pursuant to subsection (5) if the amendment
(a) as a result of the subscription contract or the conditions of use of the service for the subscriber only
change in a beneficial way,
(b) is of an administrative nature and does not involve a provision adversely affecting the subscriber; or
(c) is expressly based on a change in legislation, an official or judicial decision.
(7) Charges, tariff packages, data traffic restrictions, data transmission
speeds, coverage, composition of channels offered as part of the broadcasting service,
channel order and if the channels offered before the change are still available in the
for a subscriber - or a change in the processing of personal data which does not clearly benefit the subscriber, even then
nor if they are accompanied by beneficial changes.
(8) A change in a contract term resulting from the contract shall not be considered an administrative change
substantially modifies rights and obligations.
9. The existence of the provisions of paragraph 6 ( a) and (b) shall be proved by the service provider.
(10) A bilateral amendment to the subscription contract by mutual agreement may be initiated by either party. The bilateral
a service provider's offer to amend a contract shall be deemed accepted only if it is expressly and actively expressed by the subscriber
accepted with conduct. The subscription contract is not considered to be the active and express acceptance of the subscriber
exercise a basic subscriber right or fulfill an obligation related to the performance of the service, in particular the additional service
or the payment for the service, it is not possible to deviate validly from this. If the subscriber is bilateral
does not accept the service provider's offer to amend the contract by express, active conduct, the contract remains unchanged
conditions.
(11) The service provider shall state in its offer for contract amendment in a clear and transparent manner that the subscriber
in case of amendment of the contract, which conditions of the contract change in what way, and is obliged to inform the subscriber a
the process of amending the contract.
(12) At the request of the subscriber, the service provider is obliged to use the fixed electronic communications service
relocate a subscriber access point within its geographical service area, unless this is not possible for reasons beyond its control. THE
the service provider is not obliged to fulfill the relocation request if the subscriber is required to comply with Section 137 (1) ( c) upon submission of the relocation request .
has a fee debt according to point.
(13) If, during the term of a fixed-term subscriber contract, the address or residence of the individual subscriber
from his previous address or place of residence to his new address or place of residence
the service provider is unable to meet the transfer request for reasons beyond its control, the subscriber shall
with immediate effect, without further legal consequences, within 15 days
contract. In the notification, the service provider is obliged to inform the subscriber about his / her right of termination in a verifiable manner.
*

§ 133

Termination of the subscription contract
*
§ 134. (1) The
subscriber shall be entitled to enter into a subscription contract of indefinite duration with immediate effect at any time with additional legal consequences.

without notice. Any clause to the contrary in the subscription agreement is void.
*
1a. The
service provider shall enter into a subscription contract for a prepaid mobile radiotelephone service with immediate effect.

to terminate with effect:
a) if the subscriber of a prepaid mobile radiotelephone service resells his subscription,
b) if the invalidity of the document is established during the inspection pursuant to Section 129 (2b),
c) if the body specified in Section 127 (2d) has used a signal for reasons of national security or public safety,
d) if the subscriber's obligation to reconcile data pursuant to Section 129 (2b) until the fifth day following the anniversary date of the contract
did not fulfill.
(2)

*

The period of notice for termination of the subscription by the service provider shall be as set out in paragraphs 1a, 6 to 7 and 13 respectively.

shall not be less than 60 days, except as specified.
*
(3) The
service provider shall notify the subscriber of the termination of the subscription contract on a durable medium by stating that the permanent

the subscriber in a verifiable manner, unless the nature of the durable medium used
does not justify.
(4) If* the reason for termination is the breach of contract by the subscriber and the subscriber terminates the breach during the notice period and
service provider becomes aware of this, the subscription contract will not be terminated. The service provider is obliged to inform the subscriber immediately
to notify.
(5) Termination by the service provider shall include
a) the reason for the termination,
(b) *the period of notice, the method of calculating the expiry of the period of notice, and
(c) if the termination is due to a breach of contract by the subscriber, informing the subscriber of the provisions of paragraph 4.
(6) In the event of a breach of the subscription contract, the service provider shall terminate the subscription contract in accordance with the conditions specified in paragraphs (3) - (5).
may give notice within 15 days if
(a) the subscriber obstructs or jeopardizes the proper functioning of the service provider 's network and the subscriber does not
Page 8

does not terminate the breach of contract within 3 days of the notice of the legal consequences,
(b) the subscriber does not allow the service provider to be notified even after being notified of the legal consequences
or carry out on - site inspections to investigate and rectify any defects detected by the service provider, or
(c) the universal service subscriber notifies the subscriber of the legal consequences
resell to a third party after
d) the subscriber uses the service in an unlawful manner or for purposes.
6a. In *the event of a breach of the subscription contract, the service provider shall terminate the subscription contract in accordance with the conditions set out in paragraphs 3 to 5.
5 days if the subscriber of the prepaid mobile radiotelephone service
a SIM card enabling the use of the service for identification in accordance with Section 129 (2) prior to the transfer of the SIM card
provide the necessary data to a third party without informing the electronic communications service provider.
*
(7) The
service provider may terminate the subscription contract with 15 days' notice if the subscriber pays the due fee to the

at least 15 days after the first notice of legal consequences sent after the
even after notification. The service provider is not entitled to terminate the contract if the subscriber is in arrears
and submitted a request to the dispute resolution body to resolve the dispute,
provided the service provider with a copy, provided that the subscriber pays the undisputed fees for the use of the service.
keeps paying. The service provider is obliged to provide the possibility to pay undisputed fees at the request of the subscriber.
*
(8) The
subscription contract concluded with the subscriber shall be terminated by the service provider providing the subscriber access with the contract concluded with the other service provider.

wholesale used to provide a subscriber service to a subscriber on that subscriber access
at the same time as the entry into force of the access contract, of which the service provider is obliged to notify the subscriber of the
15 days before termination.
(9) If* the service provider subscribes to the wholesale service with another service provider in accordance with paragraph (8)
the subscriber without delay upon termination of the wholesale access contract
to notify.
(10) Instead of terminating the contract, the service provider is entitled to request a guarantee or - in accordance with the conditions of § 137 - to limit the
the scope and use of services. If the subscriber does not eliminate the reason for the restriction within 30 days, the restriction will not
an obstacle to termination if the conditions for termination otherwise exist.
*
(10a) The
subscription contract shall also be terminated:
*
a) upon
the termination of the subscriber without a legal successor,

b) with the death of the service provider, termination without legal successor,
(c) *a subscription contract with the transferring service provider in accordance with the rules on switching and porting
with a change of service provider or number portability, if this does not change, or
d) by mutual agreement of the parties, subject to Section 127 (4) and provided that the implied conduct
by expressly verbally or in writing, an oral subscriber
by oral or written statement, while a written subscription contract may be terminated by the parties by express written statement.
(10b) A*subscription contract shall be used only in the cases and in the manner provided for in this Act and the legislation issued for its implementation
any provision to the contrary in the subscription contract shall be null and void.
*
(11) The
termination of a subscription contract in certain cases is not regulated by this Act and the legislation issued for its implementation

the terms and conditions of the service provider shall be determined by the service provider in the general terms and conditions.
(12) At the request of the other service provider, the service provider shall terminate the subscription contract if the service provider
your network is being used by another service provider or you are charging instead of another service provider, and
(a) the conditions set out in paragraphs 6 or 7 are met; and
(b) the third party service provider is not entitled or unable to restrict or terminate the service.
*

(13)

The service provider is still entitled to a subscription contract for the broadcasting service with a 15-day deadline

terminate if the subscriber, after being notified of the legal consequences under paragraph 6,
program, illegally transmits the incoming program to a third party, or decrypts the encoded program unauthorized.
*

(14)

A fixed-term subscriber contract is replaced by subscribers of indefinite duration after a specified period of time

enter into a contract that does not specify the terms and conditions of the subscription service for the subscriber service
may be more unfavorable to the subscriber than the terms of the previous fixed-term contract. The definite time
In the 90 days prior to the expiration of the term, the service provider is obliged to subscribe three times with the content specified in the Decree of the President
to be informed on a clearly durable medium of the conversion of a fixed-term contract into an indefinite one. THE
information should cover the possible ways of terminating the contract, which is most favorable to the service
tariffs.
14a. By* way of derogation from paragraph 14, a subscription contract of indefinite duration shall not replace a fixed-term contract.
a) if the subscriber unilaterally - or with the joint will of the subscriber and the service provider - declares before the expiry of the specified period
terminating the contract after a fixed period,
b) for the use of the Internet access service providing preferential contractual conditions pursuant to Section 127 (4f)
in the case of a fixed - term subscription contract relating to
(c) where the parties have voluntarily ruled out the possibility of a fixed-term subscription contract being replaced by a fixed-term contract;
after which a subscription contract of indefinite duration is entered into.
*
(14b) The
parties shall, in the event of an express declaration by the subscriber,

may decide to amend the contract before the expiry of the time limit. It cannot be extended to or from the service package and
the duration of the fixed-term subscription contract for the terminal equipment package, if the contract is amended for that purpose
line because the subscriber has the same Internet access service or publicly available number-dependent interpersonal communication
order another electronic communications service from a service provider, or an additional electronic communications service provider
requires terminal equipment, unless the subscriber expressly consents to the extension when the contract is amended.
*
(15) Where
a subscriber enters into a fixed-term subscription contract, taking into account the resulting benefits,

and is entitled to terminate the contract before the expiry of the fixed term, the service provider will only be entitled to terminate the contract.
If the subscriber wishes to keep the device after the termination, there are other disadvantages associated with the termination.
may not be penalized.
*
(15a) Where
a subscriber enters into a fixed-term subscription contract, taking into account the resulting benefits,

the contract is terminated before the expiry of the fixed term, except in the case provided for in paragraph 15, or
(6), (7) or (13), the service provider shall
claims, including discounts on the purchase of equipment,
shall not be adversely affected. In this case, the notice period of the contract may not exceed 8 days. The legal consequence
further conditions for its application shall be laid down by decree of the President.
(15b)

*

If the subscriber uses a service package with a fixed-term subscription contract, and the service provider

due to a breach of contract or unilateral amendment of the contract, becomes entitled to the subscription contract before the expiry of the specified period
terminate any electronic communications service that is part of a package of services
becomes entitled to terminate the contract in respect of all its electronic communications services. A fixed-term contract
The detailed rules of termination shall be determined by the service provider in the general terms and conditions.
*
(16) Paragraphs
(14), (14a) and (15) shall not apply to prepaid mobile radiotelephone services. E

in the case of services, the conclusion of a new fixed-term contract by the subscriber
it counts as. With the top-up of the balance by the subscriber, the previous fixed-term contract is terminated by
remains unchanged.
*
(17) The
service provider shall be able to terminate the subscription contract by the subscriber in any form that a

also applies to the conclusion of a contract.
(18) In* the event of termination of the subscription contract, the service provider providing Internet access services shall, at the request of the subscriber:
free of charge to the e-mail address provided by the service provider in connection with the Internet access service.
access to or forward these messages to the e-mail address provided by the subscriber from the date of termination.
for a period of one month. At the request of the subscriber, the service provider may provide access or transmission for a period exceeding this
the terms of which shall be laid down in the general terms and conditions.
Pause the service

§ 135. (1) The service provider is obliged to provide the subscriber service at the request of the subscriber - if this is made possible by the specifics of the service
do - pause.
2. The service provider may specify in its general terms and conditions the maximum duration of the suspension which may be requested, which shall, however:
in the case of an individual subscriber it may not be less than 6 months.
(3) If the subscriber service is suspended at the request of the subscriber, for the duration of the suspension the subscriber shall only - in the subscription contract
may be required to pay a reduced, reasonable and equitable fee.
§ 136. (1) The subscriber service may be suspended:
a) modification, renewal, replacement of the network with prior notice to the subscriber at least 15 days in advance,
if no other economical technical solution requiring a break is available, which
it may not exceed 1 day per calendar month;
(b) in the event of unforeseeable and unavoidable external cause (force majeure);
*
c) Hungary's
defense, national security, economic and public security (especially counter-terrorism, drug trafficking

protection) in the manner required by law.
(2) If the suspension is due to a reason in the interest of the service provider - not included in the general terms and conditions
specified maintenance, or the reason for the suspension is beyond the interest of both parties, during the period of suspension
the subscriber is not obliged to pay a fee for the duration of the suspension. If the pause in a given calendar month exceeds
48 hours, the service provider is obliged to refund the one-month subscription fee.
(3) The fee shall not be refunded if the reason for the suspension is force majeure, provided that the service provider proves that the reason for the suspension
did everything in its power to eliminate it within the time limit.
*
(4) Other
cases of suspension of the subscriber service shall be established by a decree of the President.

Restriction of service

§ 137. (1) To*restrict the use of the subscriber service, in particular the services initiated by the subscriber or at the subscriber
termination (to the subscriber’s access point), quality or other characteristics of the subscriber service
the service provider is entitled to reduce it by notifying the subscriber in the following cases:
*
(a) the
subscriber obstructs or jeopardizes the proper functioning of the service provider's network, in particular if the subscriber

connected a terminal with an inappropriate interface to the subscriber access point;
*
b) the
subscriber using the service provides the subscriber service to a third party without the consent of the service provider

resell or use it for network service;
*
c) indicated
in the notice sent to the subscriber regarding the payment of the fee within 8 days after it becomes due - but

at least 15 days - you still have a fee debt due after the deadline, and the subscriber ensures the payment of the fee debt
has not provided the service provider with a financial guarantee as defined in the general terms and conditions;
*
d) the
subscriber's consumption has exceeded the general terms and conditions of the given service or the individual

the amount specified in the subscription contract as the upper limit of usage or the amount of calls, messages or data.
1a. In*the cases referred to in points ( a) to (c) of paragraph 1, the provider shall, at least 3 days before the earliest date of the restriction:
notify the subscriber with an indication of the date after which the restriction may take place. Paragraph (1), d) of point
In this case, the restriction may take place at the same time as notifying the subscriber. The service provider is obliged to draw the subscriber 's attention to the fact that the
restriction is another electronic communications service based on the Internet access service used by the subscriber
availability and quality.
*
(2) The
service provider is obliged to provide in case of restriction of the subscriber service

a) the callability of the subscriber,
b) the transmission of emergency calls,
c) the contact details of the service provider's customer service,
d) the contact details of the person reporting the error,
(e) an Internet access service with speed and quality features that allow at least:
electronic mail and the use of electronic administration services (minimum service level Internet access
service).
*
2a. Where
a subscriber uses several subscriber services under an individual subscription contract, the restriction shall apply in accordance with paragraph 1.

(c) and, except in the case of fraud, only to the
may cover a service affected by a breach of contract.
*
2b. For
the duration of the service restriction, the service provider may charge only a fee proportionate to the service provided.

2c. A *broadcaster shall be entitled to restrict the use of a service even if the subscriber has unauthorized access to the program.
illegally transmits the incoming signal to a third party or unauthorizedly decodes the encoded signal.
(3)

*

*
(4) The
service provider is obliged to re-provide the service if the reason for the restriction has ceased to exist. The service provider uses the service

You may charge a reasonable and fair fee, as set out in the subscription contract, for re-providing access. If the
the subscriber terminates the subscription contract when the reason for the restriction is eliminated, and the service provider shall notify the subscriber of the reason for the restriction at the latest.
or the parties mutually agree to terminate the subscription, the
unless the subscriber declares otherwise, the restriction shall be maintained until the termination of the subscription contract.
(5) - (8) *
*
(9) Other
cases of restriction of the subscriber service may be established by a decree of the President.

Management of subscriber reports and complaints by the service provider

§ 138. (1) An electronic communications service provider providing subscriber services is obliged to make subscriber and user notifications
to operate a customer service, investigate and remedy complaints, inform subscribers and users
telephone network access, preferably Internet access, and - if the number of subscribers is one thousand
exceeds - in a room open to customers.
(2) The service provider is obliged to publish the subscriber on its customer service, on its website and in the subscription contract.
inform that
*
a) the
conditions under which the service provider may submit notifications and complaints related to the provision of the subscriber service,

or the competent authorities,
(b) the timeframe within which each complaint to customer service will be investigated and the timeframe and outcome of the investigation;
how it notifies the subscriber,
(c) *the authority or court to which the subscriber may turn in order to settle disputes concerning the provision of the subscriber service.
(3) If* the subscriber disputes the amount of the fee charged by the service provider, the service provider shall immediately submit the notification (fee complaint).
and is not entitled to sign the subscription contract in accordance with Section 134 (7) until the examination of the application has been completed.
terminate as provided for in
(4) If the subscriber submits the notification to the service provider before the expiry of the fee payment deadline and the service provider does not

rejects, within 5 days, the deadline for payment of the fee for the fee
extended by the duration of the
(5) A service provider whose billing system is certified by a certification body designated by the Minister shall also be entitled to:
For the application of termination pursuant to Section 134 (7), if the subscriber submits the notification pursuant to Section (3) before the expiry of the fee payment deadline
submit. The fee payment deadline shall not be extended by the duration of the examination of the fee complaint, even if the service provider
does not reject the notification within 5 days.
(6) If the service provider accepts the notification, in case of an obligation to pay a monthly fee, at the time of the next monthly settlement, otherwise the
within 30 days of the assessment of the application, at the option of the subscriber, the difference in the fee and the payment of the fee.
credit the subscriber’s account in a lump sum or the difference in interest and its interest to the subscriber
repay in full. If the difference in charges is credited or reimbursed, the amount of interest due to the subscriber shall be at least
the amount of interest due in the event of late payment of the subscriber's fee.
(7) If the subscriber disputes the amount of the charge levied by the service provider, the service provider shall prove that his network is
protected from unauthorized access and its billing system was closed, the billing and determination of the fee was correct. Unless proven otherwise
the burden of proof regarding the closed nature of your billing system shall not be borne by the service provider if your billing system
its closure shall be certified by a certification body appointed by the Minister.
*
(8) The
procedure governing the handling of subscriber complaints and customer service shall, inter alia, be governed by the general terms and conditions of the service provider.

are defined in the Consumer Protection Act 1997 CLV. Act 17 / A. §, 17 / B. § (1) and (3) - (3b) and 17 / C. §in accordance with the provisions of
(9) At the request of the subscriber, the service provider shall ensure, taking into account the data management rules, that the subscriber
distribution and billing data required to calculate the fee to be paid
statement.
*

(10)

Inquiries, complaints and subscriptions concerning the subscriber's telephone customer service of the service provider

the telephone communication between the service provider and the subscriber must be recorded by the service provider as specified in a separate legal act,
and must be retrievable in a traceable manner for at least one year.
Quality requirements for the provision of subscriber services
*
§ 139. Provider
of Internet access services and publicly available interpersonal communication services

is obliged to publish information on the quality of service on a regular basis in the case specified in the decree of the President,
content, form and manner so that subscribers, including people with disabilities,
reliable, user-friendly, up-to-date information.
§ 140. (1) The* service provider is obliged to access the customer service available on the public electronic communications network at the price to be paid,
provide callability at a rate not higher than the lowest call cost. He started this rule from domestic networks
apply to calls.
(2) The service provider providing subscriber access shall be obliged to pay for the technical service conditions from its own network free of charge
ensure the availability of your customer service.
(3) The subscriber may report the failure of the subscriber service to the error reporting service provided by the service provider, which
the service provider is obliged to make it available through its customer service or directly, the same as the contact details of customer service
conditions.
*
(4) Commercial
advertising or an offer only through the telephone service providing the availability of customer service

may be transmitted if requested by the subscriber or with the prior consent of the calling party. Customer service contact for this consent is not
can be tied.
*
Section 141 (1)

The service provider is obliged to report the error reports, the result of the error delimitation procedure and the action taken on the basis of the troubleshooting.

record the measures in a traceable way, by sound recording or by other electronic means, and in compliance with the rules on data processing;
it must be kept for at least one year.
(2) The service provider shall acknowledge the error report to the subscriber and register it in addition to the recording. THE
the register must contain:
(a) the subscriber's notification address or other identifier;
(b) the subscriber number or other identifier;
(c) a description of the fault phenomenon;
d) the date of the error report (year, month, day, hour);
(e) the measures taken to determine the cause of the error and their outcome;
(f) the cause of the error;
(g) the method and date of remedying the error (year, month, day, hour), the result (ineffectiveness and the reason for it);
(h) *the method and date of notification to the subscriber, in particular of the confirmation of the subscriber's notification; and
the manner and date of the notifications referred to in point (g) .
*
(3) The
service provider may not make the elimination of an error belonging to its own area of ​interest subject to the payment of a fee or the participation of other subscribers.

cannot impose a condition requiring.
Itemized account annex
*
§ 142. (1) With
the exception of prepaid subscriber services, the service provider shall be attached to the invoice issued to the subscriber.

Annex I shall indicate the fees to be paid by the subscriber in the breakdown specified in a separate legal act. The calling subscriber
free calls to, including calls identified by the Authority as “unidentifiable numbers”
calls cannot be marked on the calling subscriber’s account and in the account attachment.
*
(2) At
the request of the subscriber of the Internet access service and the number-dependent interpersonal communication service, the service provider shall:

more detailed annexes to the invoice issued than specified in paragraph (1)
hereinafter referred to as ‘call details’), which includes the billing information needed to calculate the charge and, if
the nature of the service allows this - a statement containing distribution data, which is free of charge in the case of an electronic invoice. Such
the service provider is also obliged to issue an account supplement to the subscriber using the prepaid subscription service,
if the subscriber so requests at a later date.
*

(2a)

The call detail or the statement referred to in paragraph 2 shall indicate the premium rate telephone numbers.

the name of the user of the number and the service he provides, the duration of the services billed or
unless the subscriber has requested this information.
*
(3) An
invoice may be issued only by using an IT system which ensures the correct calculation of fees.

and prevent unauthorized access to the billing system and
unnoticed changes to the information. The billing system must also comply with the general information security closure
requirements. To this end, the service provider must provide administrative, physical and logical measures to ensure the general
compliance with information security confidentiality requirements.
*
4. Compliance
with the requirements set out in paragraph 3 shall be determined by the certification body’s

system certification. Compliance with billing system requirements is IT only
software products and systems that implement security functions are accepted domestic or international IT security
can be verified by a certificate issued by an accredited certification body. The certificate of issue
valid until the last day of the second calendar year following
(5)

*
*

(6)

The billing system underlying the billing of electronic communications service charges is information security

the service provider in accordance with the Act on Electronic Information Security of State and Local Government Bodies
and in a manner obliged to provide.
*
(7) When
examining the fulfillment of logical security measures, the examination of the billing system in addition to the billing software

a complete technological review of the billing system is required, including all that is required for the billing process
a system component that handles relevant input data (eg measurement, consumption data). The test should cover the system
also to verify the specific settings, installation, and operation of the billing software product used.
(8) If*the service provider operating the billing system has a complex, multifunctional electronic information system
an integral part of the invoicing system, system components not directly related to the issuance of invoices do not fall within the scope of certification.
*
(9) When
assessing compliance with logical security measures, the certification body may take into account part of the billing system.

existing product certificates for the billing software or its components. Logical protection measures for billing software
a public invoicer without a public international vulnerability database
in the case of software, the examination should also include a source-level analysis of the billing software.
*
(10) The
certification body must have:

a) domestic or international IT security of software products and systems implementing IT security functions
a certificate of accredited status for certification based on a safety methodology,
b)

*

security of software products and systems implementing IT security functions domestically or internationally

for certification based on IT security methodology - for at least 3 years in the 5 years prior to the issuance of the certificate
had accredited status,
c) domestic or international IT security of software products and systems implementing IT security functions
with at least 3 references based on accreditation based on safety methodology certification, and
(d) at least two senior professionals with specialist qualifications and two years' proven certification experience.
*

(11)

In order to protect the confidential information and large amounts of personal data of the organizations to be certified, the certifier

the organization must have a security policy and a certified IT security management system. To the certification body
must have the CLV of 2009 on the protection of classified information. with a site safety certificate issued pursuant to Section 16 of the Act.
*
(12) From
a billing system that does not comply with paragraphs 3 to 11

(a) for service providers issuing more than 200 000 invoices per month after 28 February 2015,
(b) after 30 June 2015 for service providers that do not issue more than 200 000 invoices per month
issued invoice is invalid.
Responsibility for the performance of subscription contracts, the time frame of the authority's authority in relation to the subscription contract

*

*
§ 143. (1)
In the event of late or incorrect performance of subscriber contracts, the electronic communications service provider shall be the user.

he is obliged to compensate for the damage caused to his property, except for the loss of profit.
2. Civil law claims arising from subscriber contracts shall be time-barred within one year, which in the cases referred to in paragraph 1
delay or faulty performance.
(3) In* the event of a breach of the subscription contract, the electronic communications service provider shall be specified by decree of the President
in such cases, to the extent and in the manner required to pay a penalty.
(4) In the case of an official matter related to a subscription contract (application, notification), the procedure of the Authority shall be the official procedure.
within six months of the occurrence of the circumstance giving rise to its initiative.
5. If the applicant notifies the occurrence of the circumstance giving rise to the official procedure referred to in paragraph 4 only
later became aware of or was prevented from submitting the application, the time limit laid down in paragraph 4 shall be
begins with knowledge or the removal of the obstacle. With regard to the official matter related to the subscription contract, one
No official proceedings may be initiated beyond one year. This deadline is invalid.
*

Informing and notifying subscribers

§ 144. (1)* If a law or the Authority provides for any information, general terms and conditions (hereinafter in this paragraph
together): information) on the service provider's customer service, the service provider
meet:
(a) publish the information on the customer service premises or, failing that, on its website; and
(b) the customer service available through the voice service provides oral information on its contents.
(2) The provider of Internet access or publicly available number-dependent interpersonal communication services shall be
It is obliged to provide public interest information to its subscribers and end users free of charge with the content specified by the Company. THE
information in the public interest must cover at least the following:
(a) infringements of copyright or data protection rights, unlawful use and distribution of harmful content
and information on their legal consequences, and
(b) personal security, privacy and personal data when using electronic communications services
available to protect against imminent risks.
(3) The service provider providing Internet access services shall be obliged to ensure that the protection of minors is easy to install and
the public interest in the availability and use of usable software or other services for similar purposes
compile a prospectus, publish the prospectus on its website, publish the prospectus and make it available on a quarterly basis,
subject to paragraphs 4 to 5 and Article 149 / A. § - to notify the subscriber.
(4) If the rule on electronic communications does not specify the method of notification to the subscriber, the service provider shall notify
subject to paragraphs 5 and 6, at the option of the
(a) by durable medium, provided that the subscriber must be notified separately of the availability of the durable medium in a verifiable manner,
unless the nature of the durable medium used does not justify it;
(b) by direct notification to the subscriber, in person, by post, by self-delivery or by electronic communication
in a manner appropriate to its nature;
(c) by other electronic means with a reference to publication on a website, or
d) depending on the number of subscribers to be notified, a media editorial office with a national or county daily newspaper and a website, Internet
by means of a notice sent at least twice through a newspaper or news portal, at the same time as the service provider must notify the
also available at customer service.
5. The methods of notification provided for in points ( a) to (c) of paragraph 4 may be used by the provider if they are permanently recorded.
knows that
a) the subscriber has taken note of the verbal notification,
(b) prior notification of acceptance of the electronic notification contained in the electronic document or electronic mail
has been sent to the declaring subscriber in a verifiable manner, or
(c) the notice by post or self-delivery has been sent to the subscriber in a verifiable manner.
(6) The service provider shall specify the method of notification specified in paragraph (4) ( d) only in the case of notifications pursuant to Section 136 (1).
you can apply.
(7) The time limits open for the exercise of the subscriber's rights shall run from the latest notification.
(8) A service provider providing an Internet access service or a publicly available interpersonal communication service shall:
in order to ensure the transparency and comparability of offers on the characteristics of the services provided by the President in a decree
specific information, in the case specified therein, updated with a specified frequency, clear, machine-readable,
published in a comparable manner, including in accessible formats for disabled end-users.
9. The end-user shall have the right to access, free of charge, at least one independent comparison tool
compare and evaluate Internet access and publicly available number-based interpersonal communications services; and
number-independent interpersonal communication services. A comparison tool operated by a company independent of the service providers
the Authority shall, on request, issue a certificate of compliance.
10. In order to operate the comparative tool referred to in paragraph 9, the independent undertaking shall be entitled to
use the information published in accordance with paragraph 1 free of charge.
(11) The service provider shall provide the notification and information related to the subscriber contract included in the rules on electronic communications
clearly and precisely.
(12) Based on the decision of the Authority, the service provider is obliged to provide the Authority with information on the information pursuant to subsection (8) and section 139.
for the publication of information by the Authority.
*
*
144 / A. § (1)
There
is no appeal against a decision of the Office pursuant to § 144 (12). The action against the decision was brought by

shall be filed with the Office within fifteen days of notification of the decision. The court in the case within fifteen days
decides. The filing of an application has suspensory effect.
*
(2) An
action against a decision of the President pursuant to Section 144 (12) shall be filed within fifteen months of the notification of the official decision.

shall be submitted to the President within three days. The court shall decide on the matter within fifteen days. Suspensory effect of bringing an action
van.
*
(3) An
appeal against the decision contained in Section 144 (12) may be filed only by the client who, in the official proceedings,

attended.
(4) If* the obligation to provide information is specified in the decision of the Office or the President set out in Section 144 (12).
and fails or fails to comply with a duly detailed obligation to provide the data requested,
the Authority may impose a fine, the amount of which - the net sales of the infringer achieved in the previous year pursuant to Section 49 (11) and the
taking into account the recurrence of the infringement - not more than 0.05% of the net sales revenue of the infringer, but not less than one hundred thousand forints. Sales revenue
in the absence of disclosure of data or sales revenue, the amount of the fine shall be at least fifty thousand forints and no more than one hundred million forints. In addition, the
In case of non-compliance or inadequate performance of data provision, the Authority may impose a fine of fifty thousand forints to three million forints
also the senior official of the infringing service provider.
(5)

*

(6) In determining the amount of the fine, the Authority shall consider and compare all the circumstances of the case,
the turnover of the infringer, the seriousness of the disadvantages caused by the non-performance of the data provision.
(7) An appropriate deadline for the submission of data should be set.
(8)

*

During the provision of data pursuant to Section 144 (12), the data provider is responsible for the adequacy of the content of the data,

for timeliness, authenticity, accuracy, verifiability and correctness.
9. The Authority shall publish comparative data based on information provided by telecommunications service providers in order to allow
users and subscribers, interactive guides or similar technical solutions, applications using the independent
cost assessment.
Emergency number

§ 145. (1)* A service provider providing publicly available number-dependent interpersonal communication services is obliged to provide free of charge - public
in the case of a telephone exchange without the use of a means of payment, to provide all its end-users with the information required by law
including the single European emergency call number ‘112’, emergency services and emergency
access to stations.
2. For the purpose of answering emergency calls, a provider of a publicly available number-dependent interpersonal communication service shall:
disabling caller ID display and lack of consent to the processing of location data, or
emergency services and emergency stations, even in the event of
caller identification and location data as specified by law.
Alarm and emergency SMS information

*

*
145 / A. § (1)
An electronic communications service provider providing mobile radiotelephone service shall alert the public to

ensure that this information is delivered via SMS.
2. The cost of providing the information referred to in paragraph 1 shall be borne by the service provider.
Inquiry service

§ 146 (1)*All service providers assigning telephone numbers to subscribers shall be obliged to fulfill all reasonable requests that
for the provision of publicly available directory inquiry services and telephone directories in an agreed form,
fair, objective, cost-based and non-discriminatory.
(2)

*

(3) The telephone service provider shall ensure that the subscriber can use any national directory inquiry service.
(4) Detailed information on directory inquiry services and telephone directories and the obligations of service providers in this regard
rules shall be laid down by decree of the President.
§ 147. It is possible to provide inquiry services
(a) by area
(aa) nationally, or
(ab) in a specific area;
b) by switching number
(ba) the switching numbers of all telephone service providers, or
(bb) the switching numbers of certain service providers.
Availability of non-geographic numbers

§ 148 (1) The* telephone service provider is obliged to enable the end users of any Member State of the European Union to access the
non-geographic numbers used in the service area and to access and use the services, if any
technically possible and not economically unreasonable.
(2) A subscriber with a non-geographic number by users making calls from specified geographical areas
may restrict its availability for commercial reasons.
Providing additional tools and services for the benefit of subscribers

*

*
§ 149. (1)
Without prejudice to the regulations concerning the universal electronic communications service, publicly available, number-dependent

the provider of the interpersonal communication service shall allow the end-user to use the network as a whole, if this
technically possible
a) from the subscriber access point - in the case of signaling to the subscriber access point, a tone signal tone (DTMF)
use of
b) caller ID service free of charge,
(c) free selective call barring for outgoing calls, outgoing and incoming premium rate "SMS" and "MMS" services and other similar
applications, as well as the pre-prohibition of certain premium rate services and the ban at the request of subscribers
free of charge as defined by the President in a decree.
(2) A service provider providing an Internet access service or a publicly available number-dependent interpersonal communication service
advance payment system for consumers, the payment of connection and connection fees in installments,
In the cases and in the manner specified in the decree of the President, it relates to alternative, reduced charges for end users
such charges and shall inform end-users at least annually of the most favorable
tariffs.
(3) In the event of non-payment of bills, the electronic communications service provider shall be proportionate and comply with the requirement of equal treatment,
may take measures published in advance. These measures shall ensure that the subscriber is notified in advance of:
the legal consequences of non-payment of the service.
(4) An internet service provider or a publicly available interpersonal
service provider is obliged to allow the subscriber to disable third party mediated services for electronic communications
service and, for the future, that the services provided are provided by the service provider
account.
Protection of minors

*

*
149 / A. § (1)
A service provider providing Internet access services is obliged to provide a Hungarian service provider that enables the protection of minors.

free to install and use software (hereinafter: filtering software) from its website
and thereafter to ensure its free use.
(2) The Internet Round Table on Child Protection (hereinafter: the Round Table) is a service provider of Internet access services.
promote the development of filtering software that meets the requirements of paragraph 1 by
or selection. The Round Table encourages service providers to develop a harmonized filtering software policy and promotes this
self-regulatory cooperation in their field of activity.
3. The Authority may, by means of a call for proposals, provide financial support to a service provider providing Internet access services in accordance with paragraph 1.
to fulfill a specific obligation if
a) the filtering software meets the requirements of the Round Table recommendations,
(b) the filtering software is suitable for use by residential users, individual subscribers in public libraries and public educational
also for use by institutions whose statutory obligation is to use the public services they provide
provide filtering software for Internet use by minors, and
(c) the internet service provider undertakes to provide directly or through the institutions referred to in point (b)
provides access to the filtering software free of charge with the assistance of another service provider.
*
(4) The
conduct of the tender procedure pursuant to paragraph (3) falls within the official competence of the President. The procedure is not in this section

in matters regulated by this Act and the Act. shall be properly applied. The detailed rules of the tender procedure are set by the President
Regulation.
5. The content and detailed conditions of the support pursuant to paragraph 3 shall be determined in the NMHH Decree referred to in paragraph 4, as well as in the tender notice.
An official contract may also be concluded in the manner and according to the procedure specified in the documentation.
(6) If, according to the tender dossier, the President concludes an official contract with the winner of the tender procedure, the President shall close the tender procedure.
in its final decision on the merits, decides on the winner of the tender and all the subject matter and content of the tender procedure, the grant
other decisions, provisions, conditions related to the terms and conditions of the grant and the rights and obligations related to the grant a
forms part of an official contract. The mandatory content elements of the official contract shall be the NMHH Decree referred to in paragraph 4 and the tender notice
documentation.
7. Following the notification to the winner of the decision concluding the tender procedure on the merits, the decision establishing the winner of the tender procedure
Within one day, the President shall initiate an ex officio official procedure in order to conclude an official contract with the winner. This official procedure
the time limit for administration shall be forty-five days, which may not be extended.
8. If the successful tenderer does not take part in the official procedure under paragraph 7 or prevents the conclusion of the official contract, including:
If the successful tenderer withdraws his tender, the official contract shall not exceed the time limit for administration laid down in paragraph 7.
in that case, the Authority shall terminate the proceedings on the forty-fifth day following the initiation of the proceedings. In the proceedings
there is no place for a certificate request.
*
(9) The
official contract shall remain in force until the decision concluding the tender procedure on the merits and determining the winner of the tender procedure becomes final.

cannot be concluded. The period for the decision to become final is the formal procedure for the conclusion of the official contract (7) and (8)
does not count towards the administrative deadline set out in paragraph
(10) The legal consequences of a breach of contract should be specified in the official contract.
(11)

*

If the decision concluding the tender procedure on the merits and determining the winner of the tender procedure in an administrative lawsuit

challenged, the official contract cannot be concluded until a final decision of the court. The duration of the administrative lawsuit is the official contract
does not count towards the deadline for the formal procedure for concluding
*
149 / B. § (1)
The Authority shall promote the realization of safe use of the Internet as an objective based on the public interest, in particular

protection of minors, awareness raising, violent, inciting or otherwise abusive internet content
non-official, public information and assistance in the public interest
(hereinafter referred to as the Internet hotline).
(2) The provisions of the Authority concerning the operation of the Internet hotline, which are not regulated in this Section, shall be adopted by the Authority.
It is contained in its regulations (hereinafter: internet hotline regulations).
(3) The Authority may only subject Internet abuse to the scope of the Internet Hotline Rules and shall be entitled to
which does not fall within the exclusive competence of another authority, court or other public body.
4. Within the framework of the Internet hotline, the Authority shall:
(a) an Internet-based information, assistance and reporting interface to promote safe use of the Internet (hereinafter:
reporting interface) and to curb certain internet abuse as defined in the internet hotline policy
examines notifications received on the notification interface;
(b) monitor and analyze, as appropriate, the competent authorities in the field of child protection and crime prevention;
organizations - Internet phenomena that endanger the safe use of the Internet by minors
carries out information activities;
c) cooperates with domestic and international organizations against Internet abuse.
(5) In case of detection of internet abuse specified in the internet hotline regulations, anyone with a report on the reporting interface
can live.
6. On the basis of the notification provided for in paragraph 5, the Authority shall act as a legal aid to protect the public interest where:
circumstances, the likelihood of internet abuse under the internet hotline policy arises. Launched based on the announcement
investigation is not an official procedure, the Authority may not exercise official competence in its procedure, it may not use official means. THE
notification is not an official matter.
7. The Authority shall examine the notification referred to in paragraph 5 and, if it is manifestly unfounded or the matter covered by the notification is not:
is subject to the internet hotline policy, closes the application without further investigation and notifies the applicant. The Authority is
notify the notifier of his rights and obligations under the law and of the rights open to him
procedures and remedies.
8. If, in examining a notification under paragraph 5, the Authority finds that there is a likelihood of misuse on the Internet, the Authority shall
by providing the information available to it, it shall contact the content or hosting provider of the relevant internet content on the internet
and to take the necessary measures depending on the outcome of its investigation. The done
The requested service provider shall inform the Authority of such measures.
9. If, on the basis of a report under paragraph 5, the possibility of a non-private criminal offense
Authority shall forward the notification to the investigating authority within one working day of the detection. If the investigating authority does not establish it
suspected of a criminal offense, the Authority shall search the relevant Internet content by providing the information available to it.
content or hosting provider to investigate Internet content and that it is the result of your investigation
take the necessary measures depending on the The requested service provider shall inform the requested service provider of the
Authority.
10. If, on the basis of a notification under paragraph 5, the Authority identifies a likelihood of
according to the statutes of the International Association of Internet Hotline Service Providers, children on the Internet sexual
sexual exploitation of children, the Authority
in addition to paragraphs 7 to 9, the information available to it by the international association
also transmitted to the notification interface.
*
149 / C. § (1)
The Authority and the Authority in accordance with Article 149 / D. §, an association concluding a co-operation agreement in accordance with Article 149 / B. §

to the extent necessary to handle and transmit § (5)
the following personal data:
(a) the personal data of the notifier, if communicated by the notifier;
(b) the notified URLs, IP addresses, names included in the notification, Internet names, other identifying information, images, sound recordings,
screenshots, web addresses, website names, usernames and passwords to access reported content, if any
linked to an identified or identifiable natural person.

2. The data and information referred to in paragraph 1 shall be provided to the Authority in the course of a public service relationship and in the course of employment.
other persons in a legal relationship and with the Authority in accordance with Article 149 / D. § to work with an association that has a cooperation agreement
to the extent necessary for the operation of the Internet hotline. They can also learn about it
such data and information shall be used by the employees and officials of the organizations to which they are subject in accordance with the rules applicable to them
Page 9

with the Authority and with the Authority in accordance with Article 149 / D. § an association concluding a co - operation agreement with these - for the purposes of this Act, if the
to achieve this objective, in particular if the national or regional authorities responsible for child protection and crime prevention
necessary for cooperation with international organizations.
(3) The data referred to in paragraph (1), unless otherwise specified by law, shall be communicated to the Authority and to the Authority in accordance with Article 149 / D. §
two years after the closure of the administration, the association concluding the cooperation agreement shall delete it from its register.
(4) The notifier may request his personal data as well as the information specified in Article 149 / B. § (5).
5. If the Authority considers that the content of the notification would be contrary to the public interest or to a legitimate private interest, the notification shall be closed.
handles.
*

149 / D. §

The Authority may conclude a cooperation agreement dealing with child protection in accordance with its statutes

an association that meets the conditions set out in the Internet Hotline Regulations and undertakes to comply with Article 149 / B. § under each
performing tasks in accordance with the Internet hotline regulations. The cooperation agreement is available on the Authority's website
publishes.
Switching providers and number portability

*

*
§ 150. (1)
A service provider providing number-dependent interpersonal communication services is obliged to enable its subscriber upon request,

to retain the national numbering plan
(a) its geographical number in the event of a change of provider without changing the geographical location of use,
(b) its non-geographical number in the event of a change of provider
[ points ( a) and (b) together referred to as the number carried].
(2) In the event of termination of the subscription contract for a number by the subscriber, the termination of the subscription contract
may be requested within 31 days of the end of the period, unless the end user waives this right.
(3) Switching service providers and number portability, if technically feasible, shall be required by service providers in a remote configuration.
unless the subscriber requests otherwise.
4. The internet access providers concerned shall, where technically feasible, provide the subscriber with
continuity of Internet access service in the event of a change of Internet access provider.
(5) A service provider whose subscriber provides his telephone number by number portability or Internet access service by switching service provider
to another service provider (hereinafter referred to as the "transferring service provider"), with the service provider whose any future subscriber
number or Internet access service from another service provider (hereinafter referred to as the “receiving service provider”),
to agree on the terms of number portability or change of service provider within the framework of the contract, if the receiving service provider is the transferor
make an offer to the service provider in accordance with the rules on electronic communications governing these contracts.
(6) The charge for a call to ported numbers shall be determined in accordance with the charge for the call or service actually being set up. THE
the caller should be able to find out which number is being called before starting the call;
identifies the subscriber of the service provider.
(7) The costs of call and signaling management and the additional costs of call and signaling shall be borne by the
shall be borne by the service provider defined by law responsible for signaling.
(8) The identification usage fee to be paid by the service provider for the ported numbers is the same as for the non-ported numbers
usage fee.
(9) The transferring service provider may set a one-time fee per port for the use of number portability, which shall be charged by the receiving service provider.
pay to the transferring service provider. The fee payable shall not exceed that incurred in connection with the performance of the number portability
justified costs. The use of number portability is free of charge for the end user.
(10) The receiving service provider is obliged to record the number ported in the subscriber register in accordance with the subscriber's consent,
and to ensure its publication in the directory.
*

150 / A. §

XVII. Chapter
DATA PROCESSING RULES
Data provision
*

151-152. §

Provision of data by the European Commission and the electronic communications regulatory authorities of the Member States, as well as electronic communications internationally
organizations
*
Section 153 (1)

The Minister and the Authority have received from the European Commission for the purpose of providing information falling within the scope of this Act

requests to provide information where the provision of information is necessary for the performance of the Commission's tasks under Union law.
The Minister or the Authority shall inform the data subject of the provision of information if it has previously notified the Minister or the Authority.
related to the data provided.
*

(1a)

The Authority shall be obliged to provide information received from the regulatory authority of another Member State for the purposes of this Act

where the provision of information is necessary for the performance of the tasks of the national regulatory authority under Union law.
*

(2)

In carrying out the information specified in paragraph 1, the Minister or the Authority may request the European

Not to pass on the data provided to an authority of another Member State.
(3) If*the request referred to in subsection (2) is initiated by the data provider concerned by the provision of data, the Minister,
or the Authority shall decide on the submission of the application on the basis of consideration of all the circumstances of the data provision.
4. If *the obligation to provide information contained in the request referred to in paragraphs 1 and 1a is the business of a service provider
If the data is classified as confidential, it is necessary to ensure the protection of the confidentiality during the use of the data. Protection of business secrets
it must not impede the achievement of the purpose of the data provision.
*
4a. In the
case of data transmission pursuant to paragraph 4, the data provider concerned shall be notified 3 days before the data transmission is completed.

be informed.
*
(5) The
Minister and the Authority shall receive information from international organizations dealing with electronic communications in the domestic communications sector.

requests for data and information on
Protect the security of personal information, networks and services

*

*
§ 154. (1)
The personal data obtained by the service provider in connection with its service activities shall be provided to the general public of the European Union

provisions of the Data Protection Ordinance and the Law on the Right to Information Self-Determination and Freedom of Information
accordingly, with the additions contained in this Act.
(2) If it can be interpreted in the case of the given subscriber, the service provider is entitled to request data by a court, prosecutor's office, investigator
the tasks of an authority, a body conducting preparatory proceedings, an administrative body and the national security service specified by law
for the provision of data at their request and for the provision of the subscriber service
the following information necessary to identify:
(a) the name, residence, domicile or registered office of the subscriber;
b) the subscriber's billing address, current account number;
c) the subscriber's birth name, place and date of birth, mother's birth name;
(d) the identity of the subscriber's representative in accordance with points (a ) to ( c) ;
(e) the subscriber's business registration number or other registration number;
(f) the type and number of the subscriber's identity card;
(g) the number of the subscriber's official identity card.
(3) The service provider shall provide the data referred to in paragraph (2) for the purpose specified therein for a period of one year from the termination of the subscription contract.
must retain.
§ 155. (1) The service provider - together with other service providers as necessary - shall ensure appropriate technical and organizational measures
is obliged to unauthorized interception, storage or monitoring of the transmitted communication and traffic data related to the communication,
and unauthorized or accidental access to communications and traffic data related to communications
(confidentiality of communication).
(2) The service provider may only choose and, in all cases, operate in such a way as to be employed in the provision of the service
electronic means of communication to ensure the confidentiality of communications.
(3) The service provider may get to know and store the content of the transmitted communications only to the extent that the provision of the service
technically essential.
*
(4) At
the electronic communications terminal of a subscriber or user, only the user or subscriber concerned shall be clear and

with the full consent of the data subject, including for data processing purposes, or
access to data.
*
(5) The
internal crime prevention and detection tasks specified in the Act on Investigative Authorities and the Police

counter-terrorism body (collectively referred to as "investigating authorities") and national security
in accordance with the provisions of law, and the Office - in the exercise of the power provided for in Section 11 (3) - may observe the communications,
they may intercept, store or otherwise intervene in the consignment or communication in order to observe them.
*
(6) The
service provider - Act CXXV of 1995 on National Security Services. the provision of data specified in Section 42 of Act no

the national security service concerned shall inform the national security service concerned of the
information requests or requests for information about your phone numbers.
(7)

*

*
§ 156. (1)
The *service provider - if necessary together with other service providers - is obliged to provide technical and organizational measures

the security of the network and the service and the subscribers managed during the provision of the electronic communications service
data security.
(2) Represents the personal data of the subscriber by providing publicly available electronic communications services
Accidental or unlawful processing of personal data transmitted, stored or otherwise handled or processed in the context of
destruction, loss, alteration, unauthorized disclosure, disclosure or
unauthorized access to them.
3. If a personal data breach is detected, the electronic communications service provider shall immediately
Notify authority.
4. Electronic communications service providers shall be required to keep records of personal data breaches which:
contains the material circumstances and effects of such cases, as well as the corrections made by the electronic communications service provider
measures. The register shall cover all facts and circumstances which enable the Authority to verify that:
whether or not the electronic communications provider has complied with the provisions of paragraph 5. The register is only for that purpose
contains the information needed to access it.
(5) If the personal data breach is likely to adversely affect the personal data of the subscriber or other individual, or
electronic communications provider shall, without undue delay, oblige the subscriber or individual to do so without undue delay.
to notify. The subscriber or individual concerned need not be notified of the misuse of his or her personal data if it is electronic
the communications provider can demonstrate to the satisfaction of the Authority that it has implemented appropriate technical security measures, or
that these measures have been applied to the data affected by the security breach. Such technological protection
measures should render the data incomprehensible to persons not authorized to access them
for.
*
Without
prejudice to the service provider 's obligation to notify the subscribers or individuals concerned, where:

provider has not yet notified the subscriber or individual of the personal data breach - the Authority, the National Data Protection
and Freedom of Information Authority, after considering the breach of security.
expected adverse effects.
The notification to the subscriber or individual shall include at least the nature of the personal data breach and the
information points where the subscriber can obtain further information and propose measures for personal data breaches
to mitigate its possible adverse effects. The notification to the Authority shall also describe the personal data breach
and the measures proposed or taken by the electronic communications service provider to remedy it.
*
(8) The
Authority may issue a recommendation on the manner of fulfilling the notification and notification obligation pursuant to this Section, and the public

the best available level of security for the processing of personal data by available electronic communications service providers
practices.
*
(9) Technical
and organizational measures, taking into account best practice, recent results and action to be taken

the costs of the measures - the risks to the service provider, the integrity of the network and the provision of the service
they must provide an appropriate level of security for users, other networks and services
to prevent and minimize its impact.
*
(10) The
service provider shall inform the subscriber and, where appropriate, the user of the integrity of the network and the security of the service.

endangered, known risks and protection despite technical and organizational measures taken by the service provider
measures to be taken by the subscriber, the user.
(11) If* not previously due to an event affecting or compromising the integrity of the network and the security of the service
If there is a known new security risk, the service provider shall immediately inform at least its customer service and website
users of previously unknown new security risks, user protection measures, and
their expected costs. No additional fee may be charged to the user for the information provided by the service provider. Provided by the service provider
information does not relieve the service provider of the need to protect the integrity of the network and the service is customary
take the necessary measures to restore its level of security.
*
(12) The
service provider shall protect the protection of personal data, the confidentiality of communications made during the provision of the service and the

in addition to its obligations related to the security of the network and the service specified in this Act, the security incident
technical and technical measures necessary for the management of the system or for the prevention of a significant risk of a security incident
aspects of organizational measures, deadlines for measures to be taken, detailed rules for the processing of personal data,
special conditions to protect the confidentiality of communications and consignments transmitted in the course of the provision of the service; and
the conditions for identification and call forwarding shall be laid down in a decree of the President.
Where the provision of a value - added service requires location data other than traffic data, the
the service provider is obliged to inform the user and the subscriber about the type of this data, the purpose and duration of the data processing, and
whether the data need to be transferred to a third party.
*

(14)

Location data other than traffic data related to the user or subscriber - included in § 158

with the exception of data processing, the electronic communications service provider only with the consent of the user or the subscriber
and only to the extent and for the period necessary to provide the value-added service.
(15) The user and the subscriber may withdraw their consent under paragraph 14 at any time.
(15a) In* giving consent in accordance with paragraph 14, the subscriber and user should be able to:
for each connection to the network and for each transmission in a simple manner and free of charge
temporarily disable the processing of data pursuant to paragraph 14.
*
(16) The
electronic communications service provider is entitled to request data in accordance with a separate law by a court, prosecutor's office, investigative authority, or

ensuring the performance of the tasks specified in the law of the body conducting the preparatory procedure and the national security service
shall, upon request, identify and transmit to them the traffic data relating to the user and the subscriber.
location data outside.
*
(17) Establishment
of the whereabouts of an electronic communications service provider in an unknown location

to contact the body conducting the rounding procedure in order to find out its contact system, presumed location
shall establish and transmit to it the call, location and location information related to the user and the subscriber
subscriber data.
*
(18) An
electronic communications service provider shall provide the provision of location data in accordance with paragraphs 16 to 17 on its network,

The location data available according to the system of requirements defined by the National Security Service a
It is obliged to perform by transmitting it according to the technical criteria prescribed by the National Security Service.
Traffic and billing information
*
§ 157. (1)
The electronic communications service provider after the performance of the electronic communications service - in paragraph (2) and

159 / A. § (1) - deletes or anonymises the personal data of subscribers and users
data that you handle during the provision of the service.
*
(2) The
electronic communications service provider is a court, prosecutor's office, investigative authority, preparatory court entitled to request data on the basis of law.

to perform the tasks of a body conducting proceedings, an administrative body and the national security service specified by law, a
in connection with the provision of the subscriber service, where applicable
can be interpreted in the case of a subscriber - it handles the billing of the subscriber and the collection of the related fees, as well as the
the following data from the monitoring of contracts:
a) the data contained in Section 154 (2) ( a) - (e) ;
(b) the subscriber station number or other identifier;
(c) the address of the subscriber access point and the type of station;
(d) the total number of units that can be accounted for during the accounting period;
e) the calling and called subscriber numbers;
(f) the type, direction, starting time and duration of the call or other service and the data transmitted;
mobile radiotelephone service, the network and cell providing the service, and the
unique device identifier (IMEI), identifiers used for IP networks;
(g) the date of the call or other service;
(h) data related to the payment of fees and arrears;
(i) the events of termination of the subscription in the event of default;
j) in the case of telephone services, other non-electronic communications services available to subscribers and users,
in particular its billing details;
(k) subscribers who have been used illegally to use a subscriber service, in particular those which have been blocked by its owner;
data generated in the service provider's electronic communications network regarding the use or attempt to use terminal equipment.
*
2a. The
service provider shall provide the data referred to in paragraph 2 for billing to the subscriber and the collection of related charges, and

for the purpose of monitoring subscriber contracts within the limitation period pursuant to Section 143 (2).
*
(3) The
provider of paragraph (2) a) data as defined in the Act of bodies specified in paragraph (2)

for the purpose of fulfilling their data requirements related to the performance of their duties, only in accordance with Article 159 / A. § (3)
handles until the end.
*
(4) An
electronic communications service provider, for the purpose of providing value-added services or acquiring its own business,

with the express prior consent of the user to the extent and for the period necessary to provide or sell such services,
may handle the data referred to in paragraph 2. The electronic communications service provider shall ensure that the subscriber and the user a
withdraw your consent at any time.
(5)

*

(6) Data processing for various purposes permitted or prescribed by this Act or other laws shall be carried out in the electronic communications sector.
service provider. Separation can take place
(a) in physically separate data management systems for the purpose of processing, in which the different
data that can be processed for management purposes;
b) in a logically separate data management system, in which the data that can be processed for different purposes are stored in a common system,
however, accesses to the data are separated according to the purpose of the data management.
(7)

*

*
(8) Among
the data referred to in subsection (2), the subscriber's surname and forename, birth name, place of residence,

subscriber station number or other identifier, the numbers of the subscriber calling and called by him, the call or other
insider trading, market influencing, unauthorized service,
failure to report and disclose a net short position in the case of restrictions on short trading, or
the financial intermediation system in the context of the procedure for verifying compliance with the rules on acquisitions
the Magyar Nemzeti Bank, acting in its area of ​responsibility.
*
8a. The
data referred to in paragraph 2 may include the provisions of the 1996 Act on the Prohibition of Unfair Market Practices and Restrictions of Competition.

LVII. Article 11 or Article 21 of the Treaty on the Functioning of the European Union or Article 101 or 102 of the Treaty on the Functioning of the European Union
XLVII of 2008 on the Prohibition of Unfair Commercial Practices for Consumers law
The Hungarian Competition Authority, which is conducting competition supervision proceedings for violation of point 26 of its Annex,
first name, birth name, place of residence, whereabouts, subscriber station number or other identifier,
the caller and the subscriber numbers he has called, the date and start time and duration of the call or other service. Directly
or indirectly to fix bid or ask prices, market partitioning, including collusion, or
agreement or concerted practice between competitors to set production or sales quotas
the Hungarian Competition Authority, which conducts competition proceedings,
cell and the unique identifier (IMEI) of the device used to access the service, in the case of IP networks the identifiers used
can also be transferred.
9. Of the data referred to in paragraph 2, those which are necessary for the purpose of the processing shall be those specified in paragraph 3.
may be transferred within the data retention period:
(a) those who, on behalf of the electronic communications service provider, are responsible for invoicing, receivables management, distribution
management and customer information;
(b) bodies empowered by law to settle billing and distribution disputes;
(c) to the bailiff in accordance with the provisions of the Law on Judicial Enforcement;
d)

*

e)

*

*
(10) The
electronic communications service provider - a court, a prosecutor's office, an investigating authority entitled to request data in accordance with a separate law,

and the performance of the tasks of the body conducting the preparatory proceedings and the national security service specified by law
upon request, provide or make available on request to the electronic communications service provider in accordance with paragraph 2.
available data.
*
(10a) The
electronic communications service provider - the Central Statistical Office (hereinafter: CSO)

within the scope of the performance of its tasks, statistics implemented by telephone contact of natural persons with subscribers
at the request of the CSO, provide or make available the natural data indicated in the request.
persons
(a) the telephone number assigned to the subscriber on the basis of the subscriber identity data provided for the natural person, if the
a natural person has a subscription with an electronic communications service provider, or
(b) information that the natural person does not have a subscription with the electronic communications provider.
(10b)

*

The electronic communications service provider became aware of personal data during the request for data pursuant to paragraph 10a

you may not use it for any other purpose and delete it immediately after the data has been provided.
*
(10c) The
CSO shall manage the received data in the statistical data production process for as long as it is justified for its implementation. THE

personal data and the number of the subscriber station are stored separately by the CSO, only the
is entitled to organize data collection and query. Upon termination of the task, in particular, the completion of individual data recordings
the CSO deletes the data received in connection with them.
*
(11) At
the request of the infringement authority, the electronic communications service provider, if available, shall provide emergency numbers.

for the purpose of identifying the perpetrator of the offense shall hand over the
calling phone number
(a) the subscriber's surname and forenames, place and date of birth, mother's surname and forenames, address and
or
b) in the case of a non-natural person subscriber, his company name, registered office, premises, surname and first name of his representative
relevant data.
*
§ 158. (1) Electronic
communications service providers shall avoid the payment of fees and other obligations arising from the contract.

§ 154 in order to prevent the conclusion of a contract in the event of the prevention of
(2) and § 157, the data necessary for the identification of the subscriber, as well as
a common database containing information on the reason for the transfer pursuant to paragraph 3 shall be established and operated.
*
(2) For
the purposes specified in subsection (1), the service provider shall only use the subscriber data contained in subsection (2) of section 154, as well as

the designation of the subscriber service which is the subject of the contract and the subscriber's declaration of individual subscriber quality
you can transfer its contents to the common data file.
*
(3) The
data of the subscriber pursuant to paragraph (2) shall be provided to the

to a common data file if
a) the service provider has terminated the contract due to an account debt or the possibility of using the service for the subscriber
restricted in whole or in part,
(b) the service provider has instituted legal or administrative proceedings against the subscriber or the subscriber's
location unknown, or
(c) the claimant or the subscriber has deceived or seeks to deceive the provider in order to cause damage (in particular,
if the identification document is manifestly forged, falsified or invalid).
(4) The service provider shall immediately inform the subscriber of the fact of the data transfer.
(5) Subsection (3) of Section 157 shall apply to the management of the common data file with regard to its duration. The data shall be limited to (1)
may be used for the purpose referred to in
6. As soon as the conditions for the lawful processing or transfer of data have ceased to exist, the service provider shall take immediate action to:
deletion of the subscriber data from the common database and to notify the previously notified service providers and the data subject concerned.
subscriber of the fact of cancellation.
(7) You can request data from the data file
(a) the electronic communications provider is solely for the purpose of paragraph 1,
*
b) the
body or authority specified in Section 157 (8) - (10),

(c) *any subscriber with regard to the data contained in the register.
(8) The creation of a common database and the mandate of the controller and the processor, as well as their rights and obligations
the parties concerned must agree in writing.
§ 159. (1) Upon concluding the subscription contract, the claimant shall be explicitly and unambiguously informed:
*
a) Section
156 (16) and (17), Section 157 (2) and (2a), (8) - (10), and Section 159 / A. § (1) on data processing;

(b) the cases in which and the conditions under which the processed data may be transferred to electronic communications providers;
(c) the decisions that electronic communications providers may make on the basis of this information;
(d) *the legal remedies available to the subscriber;
e) the data controller and data processor of the common data file, the place (address) of data management and data processing.
2. The subscriber shall be informed without delay of any change in the circumstances referred to in points ( b) to (e) of paragraph 1.
Data retention obligations for law enforcement, national security and defense purposes

159 / A. §

*

*

*
(1) The
operator of an electronic communications network or the provider of an electronic communications service shall be

a court, prosecutor's office, investigative authority or body conducting the preparatory proceedings is entitled to request data in accordance with a separate law, and
in order to ensure the performance of the tasks of the national security service specified by law, the provision of data upon their request
the subscriber or user of the electronic communications service
the following data generated or managed by the service provider in connection with the provision of an electronic communications service:
*
(a) fixed
telephone or mobile radiotelephone service, Internet access service, Internet telephony, Internet

in the case of a mail service or a combination thereof, the personal data of the subscriber recorded in the individual subscription contract;
(b) fixed telephone or mobile radiotelephone service, Internet access service, Internet telephony, Internet
mail service, or a combination thereof, the subscriber, user terminal, or subscriber access point
number or other, necessary for the unique identification of the subscriber or user - specified in the subscription contract, or
permanent technical identifiers assigned to the subscriber or user by the electronic communications service provider in another way;
c) in the case of a fixed telephone service, a fixed Internet access service or a combination thereof, the subscriber,
the address and type of establishment of the user terminal or subscriber access point;
d) fixed telephone or mobile radiotelephone service, Internet access service, Internet telephony, Internet
mail service, or in the case of a combination of these, the calling numbers of the subscribers and users participating in the communication, unique
technical-technical identifiers, user identifiers, type of electronic communication service used, communication
date, start and end time;
e) call forwarding when using a fixed telephone or mobile radiotelephone service or a combination thereof
and, in the case of call forwarding, intermediate subscriber or user numbers involved in the call set-up;
f) in the case of a mobile radiotelephone service, the parties involved in the communication used when using the service
your device ID (IMEI) and mobile subscriber identity (IMSI);
(g) in the case of a mobile radiotelephone service, the network and cell ID of the service provider at the start of the communication and
at the time of the provision of the service, to determine the actual geographical location of the cell belonging to that cell ID
data;
h) in the case of Internet electronic mail, Internet telephone service or a combination thereof, towards the intended recipient
the data referred to in point (d) concerning the communication initiated ;
(i) in the case of Internet access, Internet e - mail, Internet telephony or a combination thereof,
type of electronic communications service and date of use of the service by the subscriber or user, start and end
date, IP address used for use, user ID, telephone number;
j) subscribers for Internet access, Internet e-mail, Internet telephony or a combination thereof,
to track any transformation of users' unique technical identifiers by the electronic communications service provider
required data (IP address, port number);
(k) in the case of a prepaid anonymous calling card mobile radiotelephone service, the date of the first use of the service; and
and the cell ID from which it was activated.
2. The obligation to retain and provide data provided for in paragraph 1 shall apply to data generated or processed during unsuccessful calls.
shall also cover the data referred to in paragraph
(3) In order to fulfill the obligation to provide data provided for in paragraph 1, the electronic communications service provider shall:
paragraph a) to c) data as of and following termination of the subscription contract k) d) the data set out their points
shall keep the data referred to in paragraph 2 for half a year after their creation.
(4) Upon performance of the data provision provided for in subsection (1), the data protection authority acting on the matter shall be informed of the lawfulness of the data request.
authorized body is responsible. The electronic communications service provider shall store the data stored in accordance with paragraph 1 and in accordance with paragraph 1
responsible for the completeness, quality and timeliness of data provision.
*
(5) An
electronic communications service provider required to retain data pursuant to subsection (1) shall perform the data retention task only:

in which case it may entrust another undertaking with the processing of the data or store the retained data only in that case;
In another Member State of the European Economic Area if it is bound by the data controller with regard to access to the retained data
The data retention contract shall contain the domestic confidentiality, classified data protection policy for data requests pursuant to paragraphs (1) to (2).
security and access requirements in accordance with the rules. The electronic communications service provider shall not retain the retained data
territory of a country or entrust the task of data retention to a
It is not a member of the European Economic Area.
(6) For the purposes of this Section, communication means the exchange of information through an electronic communications service or
information transfer between a finite number of parties, which includes failed calls. For the purposes of this section, communication is not
includes information transmitted to the public as part of a broadcasting service via an electronic communications network
information, unless the information can be linked to the identifiable subscriber or user receiving it.
*
(7) The
organizations entitled to request data according to a separate law are obliged to compile statistics annually and for the European Commission

to deliver. The statistics should include:
a) the cases in which the service provider has provided data to the competent authorities pursuant to this §,
b) the time elapsed between the date of retention of the data pursuant to this Section and the date on which the competent authority requested the transmission of the data,
(c) the cases in which the provider was unable to comply with requests for data.
*

Contribution of the Authority to make electronic data temporarily and permanently inaccessible
*
159 / B. § (1)
The *Authority shall organize and operate on the basis of the Act on Criminal Procedure and other provisions of the Act.

monitor the implementation of the temporary and permanent unavailability of court-ordered electronic data in criminal matters,
and the implementation of making inaccessible electronic data ordered by an authority specified in a separate law.
(2) On the basis of the notification sent by electronic means by the court or the authority specified in a separate law, the Authority shall be the court
provision for the temporary or permanent unavailability of electronic data or specified in a separate law
authority's decision to make electronic data inaccessible shall be communicated electronically only by the access provider
electronic communications providers.
*
2a. The
decision of the court shall be notified to the electronic communications service providers via the NMHH delivery system.

shall be deemed to have been delivered on the working day following
3. In order to carry out the task set out in paragraph 1, the Authority shall operate a central electronic inaccessible
database (hereinafter: KEHTA) and processes the data entered there for the purpose of operation. KEHTA data is not
public, into them
*
(a) in
the event of temporary or permanent inadmissibility ordered by a court, the court, the public prosecutor's office, the investigating authority, and

members of the competent committee of the National Assembly,
b) in* the case of making inaccessible ordered by an authority specified in a separate law, specified in a separate law
authority, the court, the prosecutor's office, the investigating authority and the competent committees of the Parliament
can be viewed.
(4) On the basis of a notification sent by electronic means by a court or an authority specified in a separate law, the Authority shall
in
a) the name of the court seised, the authority specified in a separate law and the number of the decision,
b) a provision on the prevention or termination of access to electronic data,
(c) data relating to the identification and access to electronic data.
(5) In order to replace the data related to the incomplete notification, the Authority shall inform the court or in a separate law.
seeks a specific authority electronically and notifies the court or the authority specified in a separate law,
if the implementation of the provision by electronic communications service providers with the specified data content may be in doubt.
*
*
159 / C. § (1)
Electronic
communications service providers providing access and search and caching service providers are obliged to

to join for the purpose of giving the court or an authority specified in a separate law access to electronic data
comply with its decisions on the prevention or termination of the prevention and the enforcement of the decisions of the
by not providing access to data found or stored as a result of a search for data made inaccessible
promote.
(2) A service provider providing a public Internet access service which:
only connects to the Budapest Data Exchange Center (BIX) through another electronic communications service provider and
international data exchange centers, which have already joined KEHTA.
*
(3) The
relationship between KEHTA and the electronic communications service providers providing access and the search and caching service providers

data is exchanged electronically via a certified data connection. The court or an authority specified in a separate law
Electronic communication between the Authority and the Authority shall be effected through the Office.
4. At the request of the access electronic communications service provider or the search and cache service provider, the Authority shall
compared to the technical possibilities available to it, the technical environment necessary for the implementation of the decisions
in providing.
5. Where the Authority contributes to making electronic data temporarily and permanently inaccessible in accordance with paragraph 4, the
enter into an administrative contract with the electronic communications service provider providing the access concerned and with the search and caching service provider.
Within the framework of the cooperation, the Authority shall grant access to the data subject in the manner and under the conditions specified in the administrative contract
electronic communications service provider or search and cache service provider
system which, by reason of its technical characteristics, is capable of being made inaccessible.
(6) Data exchange centers located in the territory of Hungary, in particular the Budapest Internet Exchange (BIX), are obliged
to contribute to the implementation of measures under this section.
(7) The Authority may issue a recommendation on the best way to fulfill the obligation of non-disclosure pursuant to this Section.
practices, and provide user assistance to the court, access electronic communications service providers and search and
for cache providers to manage KEHTA.
*

Participation of the Authority and electronic communications providers in making certain child pornography content inaccessible
*

159 / D. §

1. Providers of access to electronic communications and search and cache providers shall be entitled to

International Organization of Criminal Police (INTERPOL) to make child pornography
to make electronic data on the list inaccessible.
(2) A 159 / C. § providing electronic access to the technical assistance system referred to in § (5)
for telecommunications service providers and search and cache service providers - if required, in accordance with Article 159 / C. § (5)
in the manner and under the conditions laid down in the administrative contract, the Authority shall be inaccessible through the technical assistance system.
electronic data included in the list referred to in paragraph 1.
Subscriber lists, subscriber contacts, directories

§ 160. (1) The service provider shall keep in a subscriber list the information necessary for the identification of the subscriber and the service used by him.
the data the processing of which by the service provider is permitted by this Act or special legislation.
*
(2) The
service provider shall be required annually for all subscribers using fixed telephone services in accordance with the decree of the President

in the form of a subscriber contact list. It may be set up by the electronic communications provider or other information provider
directories in which data on subscribers are grouped together.
3. Subscriber directories or directories shall contain only as much data without the voluntary and explicit consent of the subscriber as
as far as is strictly necessary for its identification.
4. The subscriber shall have the right, at no extra cost, to:
(a) be omitted from the printed or electronic register;
*
b) indicate
in the subscriber directory that your personal data may not be used for direct business acquisition, information,

for public or market research purposes;
(c) his address is only partially indicated in the directory.
*

(5)

§ 161. (1) Electronic communications service providers may use the data in the subscriber directory and directory to:
provide information from their data as a service. No more data may be provided in the framework of the provision of the service than is provided
appears in the subscriber directory and directory, unless the data subject has consented to the provision of additional data.
*
(2) Technical
solutions shall ensure the security of the query from the directory and directory and the

in particular the unauthorized or unjustified downloading of data and the
have direct access to the directory inquiry service of another Member State by means of a user call or SMS.
(3) The combination of data in the electronic subscriber directory and directories with other data or records is prohibited,
unless necessary for operational reasons for the electronic communications service provider.
Use of the data for direct business or information purposes
*
§ 162. (1) Other
automated systems for establishing an automated calling system or subscriber connection without human intervention

instrument may be used with respect to the subscriber for the purpose of direct business acquisition, information, public opinion and market research only if
this has been agreed in advance by the subscriber.
*
2. The
acquisition of direct business, information, public opinion or market research, as well as commercial advertising, shall be prohibited.

XLVIII of 2008 on the conditions and certain limitations of (hereinafter: Grt.) does not fall within the scope of § 6
acquisition of business or other, Grt. to contact a subscriber for the purpose of providing information which does not constitute advertising
who has stated that he does not wish to receive such contact.
*
(3) Despite
the express consent of the subscriber, it is not possible to obtain such direct business, information, public opinion and

forwarding of a consignment for market research purposes from which the identification data of the sender cannot be identified.
*
(4) Providers
of electronic communications services for voice purposes shall be obliged to provide the universal service providers with the

depending on the subscriber's consent - electronic means for subscribers, as defined in the Decree of the President
data processed by service providers providing communications services under this Act. The subscriber data provided in this way is not for any other purpose
can be used.

PART SIX
FINAL PROVISIONS

Miscellaneous provisions
*
§ 163. (1) The
central budget established in the legislation issued on the basis of the authorization of this Act and on the basis of this Act

fees and fines payable to the Authority and to the Universal Electronic Communications
payments are considered as public debt to be recovered in the form of taxes.
(2) In the case of subscriber contracts for the use of universal service in force at the time of entry into force of this Act, the
the universal service provider is obliged to select the carrier specified in § 111 by pre-selection or carrier selection per call
to assure.
(3) In the case of subscriber contracts for the use of universal service in force at the time of entry into force of this Act, the
existing subscribers under unchanged conditions and subscriptions to the 1990
LXXXVII. The provisions of this Act shall apply, subject to the universal service provider's possible need for support under this Act
rules apply.
(4) In connection with electronic communications, as specified in this Act or in legislation issued on the basis of its authorization,
the financial resources of state tasks shall be established in the budget law as a chapter-managed appropriation.
5. Support may be granted to service providers as a public contribution from the chapter-managed appropriation specified in paragraph 4.
mandatory improvements required by law.
*
(6) Electronic
communications service providers shall comply with their general terms and conditions and subscriber contracts.

in the absence of a provision - shall be amended in accordance with this Act by 1 November 2011. In this case, the force in force is unique
subscriber contracts are the parts of the general terms and conditions under this Act that are affected by the Act
electronic communications service providers shall not be obliged to send a separate notice to subscribers. The
for newly concluded subscription contracts until 1 November 2011 for subscriber contracts in force on 1 July 2011 of this Act
the relevant provisions of this Regulation shall apply. A user of the prepaid subscription service included in Section 142 (2)
The service providers are obliged to provide the call details to the subscriber from 1 February 2012.
*
(7) The
Eht. The review pursuant to Section 7 (4) of the Act of 2011 on the Amendment of Certain Acts Relating to Electronic Communications

CVII. shall be carried out within two years of the entry into force of this Act.
*
*
163 / A. § (1)
If this
Act or legislation issued on the basis of its authorization prescribes the use of a communications expert, or an expert

- according to the Law on Forensic Experts, the activity of forensic experts
with the exception of an expert authorized to carry out an activity - only that person may be used as an expert and
legal consequences only for the use of an expert with a criminal record, the President and the
in the case of the specialties specified in the Government Decree - with the professional qualification specified in the Government Decree and meets the requirements there
other conditions set out in
*
2. Any
person wishing to carry out the expert activities referred to in paragraph 1 shall notify the Authority and,

In the case of the fields specified in the Government Decree - on the professional chambers of design and expert engineers and architects
to the Territorial Chamber of Engineering (hereinafter: Chamber) specified in the Act on The notification shall indicate:
the natural identity of the notifier.
*
(3) The
Authority and, in the case of the fields specified in the Government Decree, the Chamber shall carry out the activities of experts.

keep a register of persons who have made a notification under paragraph 2, including the
the natural identity of the authorized person. Only the right to perform expert activities from the register
data to be provided for the purpose of
*

163 / B. §

1. With regard to a concession contract in force, the service provider shall initiate by 31 August 2012

President to convert his contract into an official contract. If this deadline is not met, the President shall execute the contract ex officio
procedure for the conversion of
(2) An official contract concluded as a result of the procedure specified in paragraph 1 may not contain for the service provider
less favorable conditions than the previous concession contract, unless they have been expressly accepted by the service provider.
3. If, as a result of the procedure, no official contract is concluded between the parties, the President shall fix in an official decision:
the content of the frequency use right of the service provider included in the previous concession contract. The official decision is not
may contain less favorable conditions for the service provider than the previous concession contract.
4. The procedure provided for in paragraph 1 shall be completed by the President within ninety days.
*
163 / C. § (1)
The Fund shall be dissolved as of 1 January 2013, its legal successor shall be the Authority.

(2) The Accounting Act on the Asset, Financial and Income Situation and Operation of the Fund at the Termination
prepares the report and the final balance sheet in accordance with
(3) Subsidies not yet paid upon the termination of the Fund shall be paid by the Authority in accordance with this Act and in accordance with Section 118 (2).
in accordance with the rules of the Presidential Decree on the financing of the universal service. Electronic communications
on the collection of contributions not paid by service providers until the closure of the Fund in accordance with the implementing rules, the Authority
takes care of. The contribution payable to the Fund is a public debt to be recovered in the form of taxes.
(4) The assets existing upon the termination of the Fund may be avoided only in accordance with this Act arising from the provision of the universal service.
and therefore to reimburse the costs constituting an unfair additional burden, the temporary
to cover extraordinary expenses incurred due to the measures, to perform the task pursuant to Section 10, Paragraph (1), Item 20, and to
can be used to develop a culture of conscious consumer decision-making.
*
163 / E. § The
provisions of this Act shall also apply to ongoing proceedings, subject to the entry into force of these provisions

The substantive provisions in force at the time the infringement was committed shall apply to infringements committed before.
*

163 / F. §

*
163 / G. § The
Round Table is based on 149 / A. § (2) for the first time by 1 May 2014.
Page 10

*

163 / H. §

(1) Act XXXIV of 1994 on the Police. and Act C of 2003 on Electronic Communications

CXXVIII of 2016 on the amendment of Within 15 days of the entry into force of this Act, the service provider shall subscribe to the prepaid fee
verifying the identity of its subscribers with mobile radiotelephone services in accordance with Section 129 (2)
in accordance with Section 144 (4) ( c) . On July 1, 2017, that prepaid subscription mobile will be discontinued
a subscription contract for a radiotelephone service for which the identity of the subscriber is verified in 2017.
not successfully completed by 30 June.
(2) Subscribers with a prepaid mobile radiotelephone service with a prepaid fee exceeding the number specified in the Presidential Decree
by 30 June 2017, the subscriber is obliged to declare that the prepaid fee exceeding the number specified in the Decree of the President
which of your subscriber contracts for mobile radiotelephone service you wish to maintain. July 1, 2017
the subscription contract for a prepaid mobile radiotelephone service which the subscriber does not terminate
intends to maintain.
*
163 / I. § (1)
Act LXXXVIII of 2017 on the amendment of Act C of 2003 on electronic communications. Act (hereinafter:

2017 LXXXVIII. Section 127 (4d) of Act LXXXVIII of 2017. concluded before the entry into force of the Act of
évi LXXXVIII. shall also apply to fixed-term subscriber contracts in force at the time of entry into force of this Act.
(2) Act LXXXVIII of 2017. Section 127 (6) and Section 134 (14) established by Act LXXXVIII of 2017. entry into force of this Act
shall also apply to fixed-term subscriber contracts concluded prior to that, provided that in Article 134 (14)
the service provider is obliged to comply with the regulated information obligation in the case of fixed-term subscription contracts
in which the duration of the contract is in accordance with Act LXXXVIII of 2017. 90 days after the entry into force of this Act.
*
163 / J. § Act
CXXXVIII of 2017 amending Act C of 2003 on electronic communications. Section 132 established by law

(10) and (11) of Act LXXXVIII of 2017. shall also apply to contracts concluded before the entry into force of this Act.
*
163 / K. § A
83 / C. § shall be conducted for the first time by 21 December 2023.
*
163 / L. § Decisions
taken before 20 December 2020 on the designation of the universal service provider, in force on 31 December 2020 and

universal according to an official decision that has become final - in addition to the services specified in Section 117 (1)
service elements shall be reviewed and decided by the President as a universal service by 21 December 2021 at the latest
and the designation of a universal service provider for these other services as a universal service provider
in accordance with the rules set out in its Regulation on related rules. If the President of the service elements under this section is universal
decide to maintain these services as a service, review these service elements every three years after the decision
universal service obligations and decide to maintain, amend or terminate them.
*

163 / M. §

The Authority publishes information on the application of the Code on its website and as an appendix to the Hungarian Gazette

will publish a notice in the Official Journal of the European Union on the manner and availability of this information. The announcement
The Authority shall send a copy of the notice to the Commission at the same time as it is published. The announcement will be made for the first time in 2020.
shall be published by 21 December, thereafter in all cases where the information published has changed.
*
163 / N. § (1)
Article XVI of this Act. Chapter C of the Electronic Communications Act 2003 of the European Electronic Communications Act

Act LXXXV of 2020 on the amendment of the Directive establishing the Code in connection with the obligation to transpose by law
shall apply from 30 June 2021.
(2) The electronic communications service provider shall comply with its general terms and conditions and individual subscriber contracts by 30 June 2021.
Article XVI of this Act. Chapter C of the Electronic Communications Act 2003 is the European Electronic Communications Code
LXXXV of 2020 on the obligation to transpose the Directive establishing a established by law
reviewed and amended in accordance with the provisions of
Entry into force
§ 164. (1) This Act shall enter into force on 1 January 2004, with the exception of the provisions specified in subsections (2) - (3).
(2) Section 182 of this Act shall enter into force on the day of promulgation of the Act.
(3) Section 13, Section 51, Section 75, Section 148, Section 150 (1) ( b) and (c) of this Act and Section 153 shall apply to the Republic of Hungary.
It enters into force at the same time as the Act promulgating the International Treaty on Accession to the European Union.
(4) Section 53 (4), Section 54 (2), Section 56 and Section 65 of this Act shall apply from the date specified in Section (3).
If, in the course of certain proceedings under this Act, procedural acts pursuant to these provisions are also to be performed, this
proceedings shall be suspended until the date referred to in paragraph 3.
*
§ 165. The
procedural provisions of this Act established by the Act shall also be applied in ongoing proceedings, provided that

for infringements committed before the entry into force of these provisions, the substantive provisions in force at the time the infringement was committed;
apply.
§ 166

*

*
§ 167. (1) The
Authority is the legal successor of the National Communications Authority and the Communications Supervision Authority.
*

(2)

*
(3) The
Authority shall keep the records of its predecessor and take steps to remedy any deficiencies in those records.

(4) - (5) *
*

168-181. §

*
181 / A. § The
Chairman and members of the Council of the National Communications Authority shall be appointed by the National Media and Communications Authority pursuant to this Act.

His term of office shall expire at the same time as his appointment.
*
181 / B. § (1)
With regard to the rights of employers, the Office of the National Communications Authority shall be empowered by the National Media and Communications Authority.

His office is his successor.
(2) The legal relationship between government officials and case managers employed by the Office of the National Communications Authority shall cover the media and communications.
Act LXXXII of 2010 amending certain laws regulating Simultaneously with the entry into force of the Act, it becomes a public service legal relationship
over.
*
181 / C. § Act
CXXX of 2012 on the Amendment of Certain Acts Affecting Electronic Communications of this Act. established by law

its provisions shall also apply to ongoing proceedings, provided that it was committed before the entry into force of those provisions
infringements shall be subject to the substantive provisions in force at the time the infringement was committed.
*
181 / D. § Amendment
of this Act amending certain Acts related to settlement development, settlement planning and construction

CLVII of 2012 on The provisions of this Act shall also apply to ongoing proceedings, provided that the provisions of this Act
substantive provisions in force at the time the infringement was committed
apply.
*

181 / E. §

Act XLIII of 2016 amending Act C of 2003 on Electronic Communications. by law

established 99 / A. § shall apply to new buildings and to the renovation, restoration and modernization of existing buildings,
for which
(a) in the case of works subject to a permit, the application for a building permit was submitted after 31 December 2016,
(b) in the case of works subject to notification, the notification is made for the first time after 31 December 2016.
181 / F. §

*

This Act is governed by the General Administrative Procedure Act and the Administrative Procedure Code

amended by Act L of 2017 amending certain laws related to the entry into force of
initiated after the entry into force of this Regulation and shall be applied in repeated proceedings.
Authorization
*
§ 182. (1)
The Government is authorized to establish by decree:
*
a) the
format, procedure and scope of data to be provided by the Authority to the organization operating the e-utility,

and the registration and registration of builders of electronic communications structures and operators of electronic communications networks
the Authority’s obligation to provide information and - its non-compliance or the public utility declaration
in the event of non-compliance, the rules applicable to the imposition of the applicable fine;
*
b) the
system of preparation of electronic communications for the period of special legal order, the tasks of public administration bodies,

ensuring the conditions for their operation;
*
(c) organizations
carrying out electronic communications tasks and the collection of covert information, or disguised means

arrangements for cooperation between organizations authorized to apply
(d) the provisions of this Act concerning government networks and electronic communications activities related to such networks;
different rules;
*
e) the
body operating the one-stop information point pursuant to this Act and the operation of the one-stop information point

relevant rules;
*
(f) construction
works exempted from the obligation to coordinate the construction of high-speed electronic communications network components;

transparency of physical infrastructure, the development of public utility networks, and
exceptions to the application of the provisions on the construction of physical infrastructure inside a building;
*

g)

*
g) the
body specified in Section 127 (2d);

*

*
(h) the
central service providers of electronic communications services providing mobile radiotelephone services and the professional disaster management body;
*

arrangements for cooperation between the
(2)

*
*

3. The President shall be empowered to establish by decree:
1. the national frequency allocation;

*
*

2. the rules of the auction and tender announced for the acquisition of the right to use the frequency,
*

3. rules for the use of frequency bands;

4. the qualification conditions for the authorization to draw up a technical plan for the assignment of frequencies in certain cases;
*
5. the
principles and detailed conditions of secondary trade in radio spectrum;

*

*
6. the
modalities of the official procedure for granting the individual right of use, in particular the frequency assignment and radio licensing

detailed conditions for the issue, modification, revocation, extension, renewal and
detailed rules for refusing to issue radio spectrum, the conditions for exercising the right to use radio spectrum and
radio spectrum usage license (frequency assignment, radio license, radio spectrum usage right)
conditions and the period of validity of the right to use radio spectrum
in the field of farming;
7.

*

*
8. the
attestation of conformity and recognition of radio equipment and electronic communications terminal equipment and its placing on the market;
*

detailed rules for the production, distribution and commissioning of

9. the examination requirements for radio amateurs, the examination procedure and the conditions for issuing the examination certificate;

*

*

10. procedures for inspection, measurement and troubleshooting activities;

*
11. the
conditions for the marketing of radio equipment belonging to the scope of non-civil frequency management, Section 79 (1) of this Act
*

the manner in which, and derogations from, the provisions of paragraph 1 and the regulation based thereon;
12. the frequency assignment, radio authorization procedure, inspection, measurement and interference
*

data provision arrangements in the field of non-civil spectrum management;
13. detailed rules for non-civil spectrum management arrangements and non-civil
organizations involved in spectrum management;

*
*

14. the ANFT and the detailed rules for the management of identifiers;

*
15. requirements
for the quality of electronic communications services related to the protection of subscribers and users, a

the range of service providers required to carry out the risk analysis of the service provider and the mandatory content elements of the risk analysis;
the definition of the requirements of the continuity plan, the mandatory content elements and the provision of premium rate services
conditions;
*

16.

*

rules for switching and number portability and working to make number portability feasible

the conditions and procedures for cooperation between the central reference database and the service providers and access to the database
*

access quality requirements;
17.

*
*

18. content requirements for, and access to, technical specifications for interfaces;
19.

*

*
20. the
obligation of data protection and confidentiality imposed on the electronic communications service provider, its employee, member or agent;

detailed rules on data management, special conditions for confidentiality, handling of traffic and billing data,
conditions for ID display and call forwarding, as well as network security
basic obligations;

*

21. Caller ID data for answering emergency calls
the technical conditions of the services and the way in which they are made available;

*

*
22. the
adequacy of high-frequency electrical equipment and equipment that generates high-frequency signals or side effects

certification, the conditions of the declaration of conformity, the basic requirements for conformity, the conformity of aliens
the conditions for the mutual recognition of certificates, after obtaining the opinion of the Minister for Industry;

*

*
23. on
building regulations and building authority matters, as well as on the specific type of works for which they are responsible;

approach, protection and crossing of electronic communications structures with other types of structures,
and certain reporting obligations for electronic communications providers in relation to shared device sharing and location sharing,
reporting and registration obligations and tasks for transport, energy policy and water management
after obtaining the opinion of the Minister responsible;*
*
24. subscription
contracts, their conclusion, modification, termination, conditions for restriction of services, individual subscription

detailed rules for contracts and the general terms and conditions of service providers, including directory inquiry services, telephone directories,
detailed information on equal opportunities for people with disabilities and the obligations of service providers in this regard
rules;

*

*
25. the
scope of the procedures in which electronic communication is mandatory or exclusive, and in each procedure a

way of contact;
*
26. the
rules of the building and construction supervision procedures for electronic communications structures; and a

settlement planning, arrangement, construction and modernization of roads and utilities, other structures and other facilities
rules related to the location of electronic communications structures during the implementation and renovation of

*

*
27. the
rules regarding the provision, affordability and adequacy of universal service, including:

universal service and the corresponding broadband Internet access service content, universal electronic communications
conditions for the designation of a provider and the detailed rules of the relevant procedure, consumers with disabilities are equivalent
special rules to facilitate access to the universal service, rules on ensuring the affordability of the universal service,
detailed rules for the calculation of the net avoidable cost and the indirect benefits of the provision of the universal service,
detailed rules for the compensation of financial burdens related to the universal service and the universal service
detailed financial and technical conditions and requirements;

*

*
28. the
detailed conditions for the pursuit of communications expert activities under this Act, for the notification of expert activities

and the non-personal data content of the register of experts, as well as the reporting and record keeping
detailed rules of procedure, as well as those required by law or official decision
the legal consequences of non-compliance;
*
29. the
Authority's procedures for charging an administrative service fee, the amount of the administrative service fee and the method of payment;

30. by* surveying high-speed electronic communications networks, geographically unequipped with an extremely high-capacity network
market investment for the construction of extremely high capacity networks in designated areas
*

detailed terms and conditions for the assessment of plans;

*
31. the
rules for the establishment, operation and powers of the on-call system in the information and communication sector,
*

reporting and contact obligations of service providers;

*
32. electronic
communications service providers required to participate in the performance of defense and disaster management tasks
*

designation and definition of their preparatory tasks;

33. a*159 / B. § of electronic communications service providers and search and caching service providers to KEHTA and
*

detailed rules for electronic communication and exemption from connection to KEHTA;
*
34. the
principles, criteria and other criteria for setting wholesale termination rates;
*

rules;

35. a*83 / A. § (1), the mandatory content elements of the written offer, as well as the Authority's 83 / B. § (1), § 90 (7)
93 / A. § (8), 93 / B. § (6), § 94 (2f) and 99 / C. § (2) of the dispute procedure
the content requirements of the application, the rules on clarification of the facts, the content of the official decision, the costs
*

the rules for determining the applicable costing or charging method;

*
36. by
requesting the opinion of the Minister responsible for the management of civil national security services, the same individual subscriber,

or subscribers to a prepaid mobile radiotelephone service that can be concluded by the same business subscriber
number of contracts
*

37.

to carry out market definition and analysis, to identify service providers with significant market power, and

to impose obligations and to pursue proceedings relating to obligations that may be imposed in such proceedings, and
the content requirements of voluntary commitments and co-investment offers, with the voluntary commitment
*

detailed rules on the application, the evaluation criteria and conditions and the content of the official decision;
*
38. the
application of retail roaming surcharges and regulated communications services within the EU
*

detailed rules for authorizing derogations from the relevant retail charges;

*
39. the
rules for keeping the register referred to in Section 52 (2) ( j) , for the performance of the tasks of the Authority

the scope of the data provided by market participants, the fulfillment of the reporting obligation imposed on market participants
*

and formal requirements for liaising with the Authority;

40. to* cooperate in accordance with Section 94 (7) in order to establish short-range wireless access points
*

detailed rules for the agreement of the debtors.

*
4. Legislation
adopted before 1 August 2011 falling within the legislative powers of the President under paragraph 3 shall be

Legislation issued by the President on the same subject shall remain in force until the date of its entry into force and shall be applicable until that date.
Amending legislation
§ 183

*

Section 184* (1)
(2)

*

(3)

*
*

§ 185 (1)
(2)

*

(3)

*
*

§ 186 (1)

(2) Where legislation enacted before the entry into force of this Act uses a definition which, in substance, complies with this
188 of the Act, shall be understood as the definition of this Act, especially where
a) mentions communications, including, where applicable, electronic communications,
b) mentions telecommunications, where electronic communications,
c) mentions a telecommunications service or structure, there an electronic communications service or structure,
d) mentions a telecommunications network, equipment or terminal, where an electronic communications network, equipment or
terminal equipment,
e) mentions a telephone service or network, a fixed telephone service or network there
should be understood.
(3) Where a network contract concluded before the entry into force of this Act or other matters related to electronic communications
the contract uses a definition which, in terms of its content, complies with the definition pursuant to Section 188 of this Act, the (2)
shall apply mutatis mutandis.
*

Compliance with the basic law requirement of the Basic Law
*
186 / A. § A
III. Chapter IX of the Basic Law. is considered to be crucial under Article 6 (6).

Compliance with European Union law

*

Section *187 (1) This Act
(a) Regulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December 2000 on local loop unbundling,
(b) roaming on public mobile telephone networks within the Community and amending Directive 2002/21 / EC
Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007
(c) *the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office;
Council Regulation (EC) No 1211/2009 of 25 November 2009
d)

*

Regulation (EU) No 236/2012 on short selling and certain aspects of credit default swaps

Regulation of the European Parliament and of the Council
*
(e) Regulation
(EU) No 243/2012 of the European Parliament and of the Commission of 14 March 2012 establishing a multiannual radio spectrum policy program;

Article 5 of the Decision
f)

*

on European statistics and statistics covered by the obligation of professional secrecy

Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data to the Statistical Office of the European Communities
Council Regulation (EC) No 322/97 on statistics and establishing a Statistical Program Committee of the European Communities
Decision No 223/2009 / EC of the European Parliament and of the Council of 11 March 2009 repealing Council Decision 89/382 / EEC, Euratom
regulation
*
(g) Directive
531/2012 / EU of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union;

Regulation 6c of the European Parliament and of the Council Article
h)

*

the application of fair use conditions and the abolition of retail roaming surcharges

sustainability assessment methodology and the application to be submitted by roaming providers for the purpose of the assessment
Article 10 of Commission Implementing Regulation (EU) 2016/2286 of 15 December 2016 laying down detailed rules
(i) *the Body of European Regulators for Electronic Communications (BEREC) and the Agency for the Operation of BEREC (BEREC Office);
amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009
Article 50 of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 1971
lays down the provisions necessary for its implementation.
*
(2) This
Act

(a) on the harmonization of the laws of the Member States relating to the marketing of radio equipment and repealing Directive 1999/5 / EC
Directive 2014/53 / EU of the European Parliament and of the Council of 16 April 2014
(b) the processing of personal data and the protection of privacy in the electronic communications sector (‘Electronic
Directive 2002/58 / EC of the European Parliament and of the Council of 12 July 2002 on the
(c) of 16 September 2002 on competition in the markets for electronic communications networks and services
Directive 2002/77 / EC of the European Commission
(d) Commission Directive 2008/63 / EC of 20 July 2008 on competition in the markets for telecommunications terminal equipment,
(e) universal service and electronic communications networks and services
Directive 2002/22 / EC on the protection of individuals with regard to the processing of personal data in the electronic communications sector
Directive 2002/58 / EC on the processing of personal data and the protection of privacy
European Parliament and of the Council of 25 November 2009 amending Regulation (EC) No 2006/2004 on cooperation between authorities
Parliament and of the Council
(f) Directive 2002/21 / EC on a common regulatory framework for electronic communications networks and services,
2002/19 / EC on access to, and interconnection of, electronic communications networks and associated facilities
and Directive 2002/20 / EC on the authorization of electronic communications networks and services
Directive 2009/140 / EC of the European Parliament and of the Council of 25 November 2009 amending
(g) combating the sexual abuse, sexual exploitation of children and child pornography, and Directive 2004/68 / JHA
Directive 2011/93 / EU of the European Parliament and of the Council of 13 December 2011 replacing Council Framework Decision
(h) Directive 2014/30 / EU of 26 February 2014 on the harmonization of the laws of the Member States relating to electromagnetic compatibility
Directive of the European Parliament and of the Council
(i) May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks
Article 2 (1) to (4) of Directive 2014/61 / EU of the European Parliament and of the Council of 15 7-9. and points 11, 3, 4, 5, 6, 7, 8 and 8
Article 9 (1) to (4),
(j) Regulation (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing a European Electronic Communications Code
and
(k) Regulation of 16 May 2007 on harmonized availability of information on spectrum use within the Community
Commission Decision 2007/344 / EC
for compliance.
(3) A* 92 / C. §, a 145 / A. § and § 182 (1) ( h) with technical rules and information society services
Regulation (EU) 2015/1535 of 9 September 2015 laying down a procedure for the provision of information in the field of
Directive 5-7 of the European Parliament and of the Council prior notification in accordance with Article
Interpretative provisions
*
§ 188. For
the purposes of this Act:

1. Basic monitoring subsystem: according to the basic technical requirements defined by the National Security Service
A system established and operated in Hungary, which enables an organization performing electronic communications tasks
can be arbitrarily selected from its subscribers or users, at least 0.1-0.6% of the total number of subscribers (users)
under 150,000 subscribers 0.6% but not less than 60, between 150,000 and 1,000,000 subscribers 0.3% but not less than 900, 1,000,000 subscribers
0.1% of the number of subscribers, but not less than 3,000 (with no more than twice the average turnover per subscriber of the total number of subscribers
simultaneous control of the subscriber’s or user’s communications and the full,
continuous, simultaneous selection and issuance to the exit point.
2. Authentication service: a related service that provides personal information about a subscriber or user
provided.
3. Data exchange center: a distributed electronic communications network enabling the provision of a data exchange service.
4. Data exchange service: IP-based initiated or received by a natural person, legal entity or other organization
by a natural or legal person by a data exchange service provider through a data exchange center enabling the transmission of data traffic
electronic communications services provided.
5. Application Programming Interface (API): applications provided by broadcasters or service providers and
software between resources available for digital television and radio services in advanced digital receiver decoders
interface.
6. Identifier: for the operation of the electronic communications network, the provision of electronic communications services, and the
information and signaling required for the cooperation of electronic communications networks and services
a string of letters, numbers or symbols identifying the recipient.
7. Identification management: the set of public activities that, taking into account international standards,
the use of electronic communications networks and the identifiers required to access electronic communications services for each
made available to electronic communications service providers. For the purposes of this Act, the domain name, e-mail address and IP
(Internet Protocol) addresses are not included in the identity management activity.
8. Relocation: the geographical location of a service provider of a subscriber’s access point to a fixed electronic communications service.
relocation within its territory.
9. Roaming on a mobile radiotelephone network: roaming on a mobile radiotelephone network by another mobile radiotelephone
service provider's or operator's network in such a way that the subscriber
the services and calling methods used in the network of the telecommunications service provider, in whole or in part, on the network used
without subscribing to this service provider.
10. Bitstream access: a two-way, specific high-speed digital network service in which active network devices
transmission capacity is transferred or shared by the obligated service provider with the authorized service provider.
11. Security Event: An unwanted or unexpected event that actually adversely affects the electronic
communications networks and their information systems, or electronic communications provided directly or indirectly on them
the security of services, in particular by adversely affecting the availability of data stored, transmitted or processed,
use, authenticity, integrity, security or confidentiality.
12. " eCall" means an emergency call from a vehicle to the European Harmonized Emergency Number, which is either automatically
activation of an in-vehicle sensor or which is started manually and which transmits standard data to a mobile radiotelephone
networks and establish a voice channel between the occupants of the vehicle and the emergency services.
13. Individual subscriber: a natural person subscriber who has declared that he / she uses outside the scope of his / her economic activity the
subscriber service.
14. Electronic communications structure: specific as defined in the Act on the Design and Protection of the Built Environment
types of structures, special structures for electronic communications, which include
structures, including cladding, support, protection, signaling, in particular accessories and
antenna structures (towers), poles, tunnels, cable cabinets, ducts, underground and underground
markers, protective objects, and electronic communications structures on the trail and on the trail.
15. Participant in the construction process of an electronic communications structure: for the commencement and
a builder who is entitled to continue on the basis of an official decision, is required for the construction authority procedure and the construction work
designer, contractor authorized to prepare design documentation, construction and installation work performed on the construction site
the responsible technical manager, the relevant legislation, official regulations,
a construction technical inspector to facilitate and monitor compliance with standards, contracts and design documentation.
16. Electronic communications services: services provided to others, usually for remuneration, typically for remuneration
a service that transmits content using electronic communications networks and services
service provider, editorial control of such content or information society services,
with the exception of services defined by law that do not qualify as interpersonal communications services
(a) the Internet access service;
(b) the interpersonal communication service; and
(c) consisting entirely or mainly of the transmission and, where applicable, the control of signals on electronic communications networks;
service, including machine-to-machine service and transmission service used for broadcasting.
17. Electronic communications service provider: an operator of an electronic communications network and a provider of electronic communications services
natural person, legal person or other entity.
18. Electronic communications activity: an activity consisting of a signal, signal, writing, image, sound produced in any intelligible form
or the transmission of any other type of communication to one or more users via an electronic communications network
in particular the provision of an electronic communications service, the operation of an electronic communications network or equipment,
distribution of terminal equipment and operation of related equipment, provision of related services.
19. Rule on electronic communications: this Act, on the basis of the authorization of this Act, in relation to the implementation of the Act
legislation of the European Union, directly applicable European Union legislation on electronic communications, decision of the Authority and
Authority's contract with the client.
20. Electronic communications equipment: equipment necessary for the performance of an electronic communications activity, including but not limited to
the device.
21. Electronic communication device: a set of electronic communication equipment and associated devices, including antennas.
22. Electronic communications network: the transmission of signals by wired or wireless means by electronic means of communication
systems based on permanent infrastructure or centrally administered capacity allocation and, where appropriate
switch or router devices and other resources, including inactive network elements. Electronic communications network
in particular the satellite network, the fixed network, whether wired or wireless, and the mobile radiotelephone network; the
power supply cable systems in so far as they are used for the transmission of signals; and the broadcasting network.
23. Electronic communications terminal: directly or indirectly through a wired or wireless network at a network termination point
related equipment for sending, processing or receiving information, including satellite earth stations
equipment.
24. Subscriber: a natural or legal person or other entity that is a provider of publicly available electronic communications
has a contractual relationship with the service provider for the use of such services.
25. Subscriber access point: the network endpoint through which a subscriber or user is an electronic communications person
you can access network functions and network services by physically and logically connecting the terminal.
26. Subscriber access provider: an electronic communications service provider that connects to an electronic communications network
or part thereof electronic communications terminal use of publicly available electronic communications services
has entered into a subscription contract with the subscriber for the physical and logical connection of
27. Subscriber service: publicly available electronic communications that do not qualify as network services under this Act
service.
28. Construction work: construction or public works work the overall result of which is in itself suitable for any
economic or technical function and which affects at least one element of a physical infrastructure.
29. Physical infrastructure within a building : the physical infrastructure ending at the access point of the building and located at the end-user location
or facility, including jointly owned elements, intended to receive wired or wireless access networks,
provided that these access networks are capable of providing a subscriber service.
30. Building access point: an access point located inside or outside a building that is accessible for the provision of an electronic communications service.
a physical point that allows physical and logical connection to the physical infrastructure within the building.
31. User: a natural person, legal entity or other organization that is publicly available electronically
uses or requires a communications service.
32. Conditional access system: used in a program by a technical measure, authentication system or method
access restriction, during which access to the protected content or service in an interpretable form for subscription
or subject to prior authorization in any other form.
33. Physical co-location: a co-location where the equipment of the right holder is the obligated service provider
within a specific place provided by the latter.
34. Physical infrastructure: communication lines, fiber optics without active network elements, drinking water core network and drinking water
with the exception of the connecting line (ie network elements used to transport water intended for human consumption) as defined in point 47
elements of the network, in particular transmission or distribution network components, pipelines, conduits, conduit fittings,
substructure, control chamber, control shaft, cabinet, structure, antenna structure, tower, support post or other element
to receive other elements of the network without itself becoming an active part of the network.
35. Consumer: a natural person who, for purposes other than his trade, business, commerce, artistic activity or profession,
uses or requires a publicly available electronic communications service.
36. Marketing: on market surveillance and product conformity and in accordance with Directive 2004/42 / EC and Directives 765/2008 / EC and
Regulation (EU) No 2019/1020 of the European Parliament and of the Council of 20 June 2019 amending Regulation (EU) No 305/2011
Regulation (EU) No 2019/1020).
37. Distributor: as defined in Article 3 (10) of Regulation (EU) No 2019/1020.
38. Placing on the market: as defined in Article 3 (2) of Regulation (EU) No 2019/1020.
39. Geographical number: a number specified in the national numbering plan, the part of which, indicating the geographical location, is
used to route calls to the physical location of the access point.
40. Frequency allocation: the assignment of one or more radio services to a specific frequency band in order to
frequency band is used under certain conditions.
41. Spectrum management (radio spectrum management): the set of public activities that provide radio spectrum
national and international use of radio spectrum for efficient and free from harmful interference,
the provision of frequencies for radiocommunications, radio astronomy and other non-radiocommunications operating in the framework of radio services
for applications.
42. Business organization: a business organization in accordance with the Code of Civil Procedure.
43. Machine- to-machine service: an electronic communications service that automatically transmits data and information
includes between devices or software-based applications, with or without limited human intervention.
44. Manufacturer: a person as defined in Article 3 (8) of Regulation (EU) No 2019/1020.
45. Network entity: a technical unit for the establishment, operation, modification and termination of an electronic communications network;
compliance with a system of requirements that ensures the use of and access to cooperating networks
uninterrupted access and functional integrity of the data stored in the network.
46. Security of networks and services: the ability of electronic communications networks and services to:
with a certain degree of resistance to any act that endangers the networks and services, the data stored on them,
data transmitted or processed or in the framework of the said electronic communications networks and electronic communications services
the availability, authenticity, integrity or confidentiality of related services provided or made available through them.
47. Network operator: generation, production, transmission, distribution or transmission of natural gas, electricity, district heating
public lighting, water utility services, rail, road, shipping, airport, other transport
the owner or operator of the physical infrastructure for the provision of services and the public electronic service
communications network operator.
48. Network access point: a point on a network designated for the physical and logical connection of another network through which
access service is implemented.
49. Network contract: means a provider or service provider for the use of, or access to, network services and
a contract between an undertaking, including an access and interconnection contract, and a linear contract
a contract between a media service provider and a broadcaster for the use of broadcasting.
50. Network service: the provision of an access or interconnection service to or from another service provider or undertaking
ancillary services required for their provision.
51. Network endpoint: the physical and logical connection point through which an end-user accesses or can access public
for an electronic communications network. To identify a network endpoint in the case of switched or controlled networks, a
is a network address that can be associated with an end user name or address.
52. Efficient service provider: a service provider whose cost per unit of a product or service is international
acceptable in comparison, taking into account the relevant market conditions, the technology at which the service is provided and the
service provider size.
53. Fixed telephone service: publicly available through a fixed network endpoint
telephone service that does not qualify as a publicly available mobile radiotelephone service.
54. Local sub-loop: a section of the local loop used in a fixed public electronic communications network
connects a subscriber access point to an aggregation point or a specified intermediate access point.
55. Local loop: in a public fixed electronic communications network, a network endpoint to or from a cable management
a physical path that provides a transparent electronic communications signal connection to an equivalent device.
56. Local loop unbundling: full local loop unbundling and partial local loop unbundling which does not involve local loop unbundling;
change of ownership of the loop.
57. Partial local loop unbundling: access to a local loop or local sub-loop owned by the obligated service provider
to an authorized service provider that allows a specific part of the network infrastructure, such as
use of a part of the frequency or an equivalent part.
58. Full local loop unbundling: access to a local loop or local sub-loop owned by the obligated service provider
to an authorized person to use the full capacity of the network infrastructure.
59. Location data: all data from network infrastructure or mobile devices on public mobile networks.
processed data identifying the geographical location of the end-user's mobile terminal or
networks, the registered address of the network endpoint.
60. Location service: an associated service provided by the provision of location data.
61. Co-location: the provision of physical space and technical conditions by the service provider obliged to do so to the eligible service provider
physical, remote, or virtual location sharing to properly locate and turn on your equipment.
62. Call: two-way voice communication using a publicly available interpersonal communication service
enabling connection.
63. Call termination traffic service: network service, the transfer of a call from the interconnection point to the called subscriber
access point.
64. Access: the provision of facilities or services to another electronic communications service provider or undertaking
under certain conditions, on an exclusive or non-exclusive basis, for the provision of electronic communications services,
including when they are used to provide information society services or linear media services
used. Access includes, but is not limited to, access to network elements and associated devices, which includes
you can book
(a) the connection of equipment by wired or wireless means (this includes in particular the local loop and the local loop);
access to facilities and services required for the provision of services through a loop);
(b) access to IT systems or databases for pre-ordering, supply, ordering, maintenance, repair needs and
for billing purposes;
(c) interconnection;
d) bitstream access;
(e) access to physical infrastructure, including buildings, substructures and towers;
(f) access to appropriate software systems, including operational support systems, for number translation or
access to systems offering equivalent functionality;
(g) access to fixed and mobile systems, in particular for roaming purposes;
(h) access to conditional access systems for digital television services;
(i) access to virtual network services.
65. Importer: a person as defined in Article 3 (9) of Regulation (EU) No 2019/1020.
66. Interface:
(a) "network interface" means the interface of an electronic communications network, together with its physical and logical characteristics, which:
used to access or connect to another electronic communications network,
(b) "subscriber interface" means the interface of an electronic communications network, together with its physical and logical characteristics,
through which the service provider provides the user with subscriber access to the electronic communications network.
67. Internet access service: open internet access and regulated communications services within the EU
measures relating to retail charges and Directive 2002/22 / EC and Regulation (EU) No 531/2012
provided for in Article 2 (2) of Regulation (EU) No 2015/2120 / EU of the European Parliament and of the Council of 25 November 2015 amending
service.
68. Governance: Act LVII of 1996 on the Prohibition of Unfair Market Conduct and Restriction of Competition. Section 23 (2) of the Act
defined relationship.
69. Presence check service: a related service that is assigned to a specific status of a subscriber or user
provided using relevant data.
70. Related devices: those related services, electronic communications network, as well as electronic communications
physical infrastructures and other devices or elements associated with the service that are suitable through the network or service
provide or enable or support the provision of services. These include, but are not limited to, buildings, building access
cabling of buildings, antennas, towers and other supporting structures, substructures, manholes, conduits,
support poles, cable shafts and cable cabinets, related information systems.
71. Related services: those related to the electronic communications network or electronic communications service
services that are suitable for the provision of a particular network or service, in particular an automated service
or enable or support the provision of services through These include, but are not limited to, number translation, and
systems with equivalent functionality, conditional access systems, electronic program guides, and
other services, such as identification services, location services, and presence monitoring services.
72. Cable management: for the purposes of the local loop, an assembly suitable for a connection in which the local loop or local loop
there are unique isolation devices for the sub-loop.
73. Harmful interference: interference which endangers the operation of a radionavigation service or other security service or which
otherwise seriously damage, obstruct or repeatedly interrupt an International Radio Regulations or
the operation of a radiocommunication service used in accordance with European Union or national regulations.
74. Emergency service: a service which, in accordance with national law, provides immediate and rapid assistance, in particular:
in situations which directly endanger life or limb, the health or safety of individuals,
public health, public safety, private or public property and the environment.
75. Apparatus: radio equipment and electronic communications terminal equipment.
76. Exit point: during the collection of secret information or the use of covert devices, the electronic communications service provider
the physical handover point of the communications and accompanying data extracted from the monitoring subsystem, subsystems
To the National Security Service, which is provided by the electronic communications service provider as defined in Section 92 (4)
coordinated, in a given geographical location and form, in the territory of the electronic communications service provider.
77. Short-range wireless access point: licensed, unlicensed, or licensed and unlicensed
low-power, short-range antennas with one or more low visual
small wireless network access equipment. It may operate as part of a public electronic communications network, or
provide users with wireless access regardless of network topology, whether fixed or mobile.
for an electronic communications network.
78. Exclusive right: a right granted to a single undertaking by law or administrative decision under which
only an undertaking with such a right may carry out the activity in question in a given geographical area.
79. Shared use of equipment: electronic communications structures and joint use of electronic media. THE
space sharing is a special form of device sharing.
80. Public land : all land owned by the state or municipality for public use, including in particular real estate.

registered as a public space, road, bicycle path, sidewalk, footpath, pavement, ditch, green lane, car park,
properties registered as green areas, squares, parks.
81. Intermediate service: a service specified in Section 3 (4) (1) of Act C of 2000 on Accounting.
82. Publication: making the information required by this Act to be published to the Authority available on the Authority's website
immediately. The date of publication shall be the date on which the information is made available on the Authority's website.
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83. Special rights: to a limited number of undertakings by law or administrative decision in a given geographical area
rights granted within,
(a) in the award of which the designation or limitation of the number of eligible undertakings is not objective, proportionate and dissuasive;
under non - discriminatory conditions, or
(b) which provide certain undertakings under non-objective, proportionate and non-discriminatory conditions
legislative or regulatory advantages that significantly affect the ability of other undertakings to:
undertake the same electronic communications activity, within the same geographical area, under essentially the same conditions
next to.
84. Authorized representative: a person as defined in Article 3 (12) of Regulation (EU) No 2019/1020.
85. MMS: Multimedia messaging service.
86. Mobile radiotelephone network: a terrestrial electronic communications network that provides a wide area of ​coverage to mobile users;
allows two-way communication.
87. Mobile radiotelephone service: a publicly available telephone service in which this service is mobile over a large area
any subscriber - can communicate by making a call from a device connected to the network endpoint of a mobile radiotelephone network
with another network endpoint. This service is for voice transmission as well as related services and other services
(for example, data services, short message service).
88. Broadcasting: Act CLXXXV of 2010 on Media Services and Mass Communication. Section 203 (49) of the Act
defined concept.
89. Broadcasting: Act CLXXXV of 2010 on Media Services and Mass Communication. Section 203 (50) of the Act
defined concept.
90. High frequency signal: a radio frequency signal not used for radiocommunications.
91. High-frequency side effect: a high-frequency signal that is present in equipment for various purposes (including
devices, vehicles) as a by-product of spark discharge, gas discharge or semiconductor control.
92. High-frequency electrical equipment: industrial, small-scale production and use of electromagnetic energy in small spaces;
non-electronic communications equipment for scientific, medical, household or similar purposes.
93. High-speed electronic communications network: broadband access services with a data rate of at least 30 Mbps
electronic communications network, including short-range wireless access points.
94. In-building physical infrastructure ready to receive high-speed technology: high-speed electronic communications networks
physical infrastructure within a building intended to receive or enable the operation of such a network.
95. Unidentifiable telephone number: the telephone number that contains personal data in the itemized account supplement issued to the subscriber
to protect it.
96. Non-geographic number: a number defined in the national numbering plan that is not a geographical number, in particular mobile numbers,
toll-free and premium rate service numbers, and inter-machine service numbers.
97. Net sales revenue: the net sales revenue of the service provider according to the Accounting Act.
98. Net avoidable cost: the cost that an efficient service provider would incur in the absence of universal service obligation
to avoid. The calculation of the net avoidable cost shall take into account the revenues and other (indirect) benefits that
by terminating the provision of universal service, the service provider would lose.
99. Public data exchange service: a natural or legal person provided by a public data exchange service provider
an electronic communications service provided through a data exchange center which is subject to publicly available conditions
electronic communications service providers, media service providers and information
social service providers for the purpose of transferring their data traffic to each other.
100. Public data exchange center: a shared electronic communications service enabling the provision of a public data exchange service
network.
101. Public electronic communications network: for the provision of wholly or mainly public electronic communications services
an electronic communications network supporting the transmission of information between used network endpoints.
102. Operator of a public electronic communications network : over a public electronic communications network or related devices
a natural person, legal person or other entity exercising a right of disposal or use.
103. Publicly available telephone service (telephone service or voice service): public electronic communications
a service provided directly or through a number or numbers in a national or international numbering plan
indirectly allows you to make and receive calls.
104. Public telephone exchange: for the purpose of using a publicly available telephone service for any user
electronic communications terminal equipment made available. The service fee must be paid by coin, credit card,
or other means of payment replacing cash.
105. Track-side and track-type electronic communications structure: an electronic communications structure
forming, covering, protecting, signaling structures of the wired connection of an electronic communications network.
106. Interconnection: the physical of electronic communications networks used by the same or different electronic communications providers
and logically connecting so that user information from one service provider can be exchanged on the same or another
service providers or access services provided by other service providers. The service in the interconnection
parties or other service providers with access to their network.
107. Radio station: one or more transmitters or receivers or groups of transmitters and receivers, together with accessories,
for the implementation of a radiocommunication service or a radio astronomy service at a specific location.
108. Radio equipment: a receiver that emits radio waves for the purpose of radio communications, including radio determination;
or the issuing and receiving electrical or electronic product, or an electrical or electronic product that comes with accessories, such as
shall be supplemented with an antenna to transmit radio waves as intended for radio communications, including radio determination;
be able to issue, take or issue and take.
109. Radio wave: an electromagnetic wave propagating in space without an artificial conductor and having a frequency of less than 3000
GHz.
110. Radio interface: specification for the regulated use of radio spectrum.
111. Radio local area network: a wireless access network that does not exclusively use harmonized radio spectrum.
system which, due to its short range, is compatible with similar systems operated by other radio spectrum users in the vicinity.
the risk of interference is low.
112. Radio spectrum: the frequency range of radio waves.
113. Radio service: a radiocommunication service specified in legislation in accordance with the International Radio Regulations, and
the radio astronomy service.
114. Radiocommunication network: an electronic communications network in which the transmission of information is wholly or mainly
by transmitting and receiving radio frequency signals.
115. Reference offer: a mandatory offer published by a service provider with significant market power pursuant to a decision of the Authority,
an offer detailing the network services offered and their legal, technical and financial conditions.
116. Extremely high capacity network: an electronic communications network at least at the place where the service is used
consists entirely of optical fiber elements up to a distribution point or an electronic communications network
available network download and upload bandwidth, resilience
capability, error-related parameters, and delay and delay variation. Network performance then
can also be considered similar if, due to the different characteristics of the transmission medium connected to the network endpoint, the
end-user experience is different.
117. Emergency call: means the use of interpersonal communication services between an end-user and an emergency
communication from emergency services to request and use emergency assistance, including eCall.
118. Unsuccessful call: all telephone calls (including voice calls, whether traditional or IP-based),
answering machine, conference call and data call) or ancillary service (including call forwarding and
network connection was successfully established, but the call was left unanswered (missed or rejected).
network operator intervention, the connection is automatically disconnected immediately (busy, disconnected, or other
call station not available for some reason).
119. SMS: short text message service.
120. Emergency service station (public safety response point): a specific location where emergency communications are communicated by an authority or by a
the first reception under the responsibility of a private body recognized by the Member State.
121. SIM card: data used to identify the subscriber within the mobile radiotelephone network or the mobile radiotelephone
a card or a built-in module containing the information needed to use the service. The contents of the built-in module remotely
can be configured and modified (eSIM).
122. Number-dependent interpersonal communication service: an interpersonal communication service where the connection is assigned a numbering plan.
resources, a number or numbers in a national or international numbering plan, or
allows communication to a number or numbers in a national or international numbering plan.
123. Number-independent interpersonal communication service: an interpersonal communication service to which the connection is not allocated
numbering resources, not by using the number or numbers in the national or international numbering plan
which does not allow communication to a number or numbers in a national or international numbering plan.
124. Interpersonal communication services: services provided to others, usually for remuneration, on electronic communications networks
a service that allows the direct, interactive exchange of information between a finite number of people and in which communication
the originator or recipients of the information exchange shall be identified by the originator or the persons involved. No
Interpersonal communication services are those services that provide interpersonal, interactive communication with another
closely related to the service, as a minor, only ancillary function.
125. Transnational market: defined in accordance with the procedure laid down in Article 65 of the Code, covering the European Union or a substantial part thereof,
a market located in more than one Member State.
126. Durable media: a device or platform available at a given level of technological development that allows
permanent storage of the data for a period appropriate to the purpose of the data and the stored data in an unchanged form and content
display. Such devices include, but are not limited to, paper, USB key, CD-ROM, DVD-ROM, memory card, computer hard disk,
electronic mail or electronic storage.
127. Confidential collection of information or use of covert means: on the electronic communications network and electronic communications
information and data generated during or in connection with electronic communications activities
selection, decoupling, recording by technical means and acquaintance with the authorized bodies.
128. Enhanced digital receiver-decoder: a set-top box capable of receiving digital interactive television services
an accessory intended for connection or integrated in a television set.
129. Space segment: part of a satellite telecommunications system that includes satellite and satellite tracking, telemetry and
remote control functions and ground equipment providing logistical support to satellites.
130. Business subscriber: a subscriber who does not qualify as an individual subscriber.
131. Business secret: LIV of 2018 on the protection of business secrets. business secret pursuant to Section 1 (1) of the Act.
132. Undertaking: the natural or legal person to whom or to whom it is certified in the territory of Hungary, or in its effects here
market behavior for electronic communications services provided in part or in full in Hungary
connects.
133. End-user: a user who uses a given network endpoint in his own interest and does not provide it publicly
available electronic communications service or does not provide a public electronic communications network.
134. End-user access undertaking: an undertaking that is an end-user of an electronic communications service
physical or logical connection to the network or part thereof.
135. Virtual co-location: a co-location in which the obligor, on behalf of the co-location service provider,
the service provider owns and operates the equipment related to the director that meets the needs of the eligible service provider.

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