General provisions Allocation of frequency bands

268 Pages·2012·2.55 MB·English

Government Decree
No. 346/2004 (XII.22.)Korm.

on the Establishment of the national allocation of frequency bands

(Amended by Government Decrees No. 167/2005 (VIII.24.)Korm.,
No. 19/2006 (I.31.)Korm., No. 59/2006 (III.21.)Korm., No. 295/2007 (XI.9.)Korm.,
No. 118/2008 (V.8.)Korm., No. 254/2008 (X.18.)Korm., No. 182/2009 (IX.10.)Korm.,
No. 264/2009 (XI.27.)Korm., No. 162/2010 (V.7.)Korm., No. 109/2011 (VII.4.)Korm. and
No. 304/2011 (XII.23.)Korm. effective as of 1 January 2012)
(Consolidated version)

On the basis of the authorisation given by Section 182, subsection (1), paragraph a)
of Act C of 2003 on Electronic Communications (hereinafter referred to as AoEC) and with
regard to the provisions of Section 4, subsection (1), paragraph e) of the AoEC, the
Government decrees as follows:

General provisions

Section 1

(1) The scope of the decree extends to the allocation of frequency bands to radio
services and for civil, non-civil and common use in the range of radio frequencies not
exceeding 1 000 GHz, and to the specification of conditions for opening, closing,
emptying and for the availability of frequency bands designated to radio applications.

(2) Annex 1 contains the glossary of abbreviations used in the decree.

Allocation of frequency bands

Section 2

(1) The allocation of frequency bands, that is their entry into the National Table of
Frequency Allocations (hereinafter referred to as NTFA) (into the Table, the footnotes
and the annexes) specifies the operation of radio services in both their international and
national environments.

(2) Annex 2 contains the table of the international and national frequency allocations
(hereinafter referred to as Table).

(3) The Table establishes:
a) the international allocation of frequency bands to radio services in the separate
Regions, according to the Radio Regulations (hereinafter referred to as RR); and

Administrative regulations complementing the Constitution and Convention of the International Telecommunication Union (ITU) [promulgated in
Hungary with the Government Decree No. 191/1997 (XI.4.)Korm.].
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b) the national allocation of frequency bands to radio services and for civil, non-civil
and common use.

Section 3

(1) The first three columns in the “International Allocation” part of the Table present, as
per the RR, the frequency allocations valid in the three Regions (introduced in Annex
3), thus also in Hungary that belongs to Region 1. These columns establish the
allocated radio services according to their respective category of service for each
frequency band and the reference numbers of the international footnotes containing the
conditions for the use of frequencies (in particular: use of frequencies different from the
radio services entered into the Table, limitations, technical requirements, traffic and
procedural provisions).

(2) The international footnotes are listed in Annex 4 beginning with the number 5.53
in accordance with the numbering in the RR.

(3) The fourth column in the “International Allocation” part of the Table establishes
the radio services according to their respective category of service that may be operated
in the territory of Hungary under the conditions specified in this decree and other legal
rules and the requirements pertinent to the use of frequencies in Hungary, specified by the
international footnotes, according to the RR.

(4) Radio applications of radio services operating in accordance with the
international allocation relevant to Hungary are entitled to protection from interference on
an international level, according to their respective category of service.

Section 4

(1) The second part of the Table headed “Allocation in Hungary” establishes the
frequency bands allocated in the territory of Hungary to the different radio services for
non-civil, civil and common use, according to their respective category of service as well
as references to relevant international footnotes and national footnotes specifying
realisable radio applications in these bands and further conditions.

(2) The national footnotes are denoted by a capital H.

(3) The national footnotes are listed in Annex 5.
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(4) According to this decree, in the territory of Hungary the frequency bands
allocated to the maritime mobile service are also allocated to the inland waterway mobile
service. In the territory of Hungary, the validity of the maritime mobile service as defined in
the RR extends to the inland waterways as well.

Section 5

(1) In the frequency bands allocated to the radio services listed in the column of the
Table headed “Non-civil”, users specified in a separate legal rule and falling under the
competence of the frequency management related to non-civil use as well as the North
Atlantic Treaty Organisation (hereinafter referred to as NATO) and the member states of
the North Atlantic Treaty, and other participant states of the Partnership for Peace may
request or use frequencies under the conditions specified in the AoEC, this decree and
other legal rules.

(2) In the frequency bands allocated to the radio services listed in the column of the
Table headed “Civil”, any natural or legal person, company or other organisation having
no legal personality may request or use frequencies under the conditions specified in
the AoEC, this decree and other legal rules, with the exception of those named in
subsection (1).

(3) The civil and non-civil frequency management authorities may mutually request
frequencies from the frequency bands allocated for non-civil or civil use, for defence,
national security, governmental, public safety, administrative and other purposes of public
interest in connection with unpredictable events, cases or purposes for temporary, time
limited use by their respective customers requesting a frequency assignment.

(4) In the cases referred to in subsection (3) mutual understanding between the civil
and the non-civil frequency management authorities shall be required for the use of
frequencies.

(5) The radio applications operating in the frequency bands identified in the column
of the Table headed “Civil” may also be used by users falling under the competence of the
frequency management related to non-civil use, provided that, according to a separate
legal rule, the equipment used by the application may be operated without an individual
radio licence.

(6) The use of frequencies in Hungary by the armed forces of the NATO, the
member states of the North Atlantic Treaty and other participant states of the Partnership
for Peace, related to military activities shall be considered non-civil, that related to
providing programme services shall be considered civil.

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(7) The frequency bands allocated to the radio services listed in the column of the
Table headed “Common” may be used both for civil and non-civil purposes. In these
bands, frequency assignments and putting radio stations of radio applications in operation
shall be subject to an agreement and/or successful coordination between the non-civil and
the civil frequency management authorities.

Section 6

(1) The category of service established by the Table may be primary or secondary in
the context of the operation of the radio station of a given radio service and its protection
from interference. In the Table, the names of primary services are printed in capitals,
whereas those of the secondary services are printed in normal characters.

(2) Radio stations of a primary radio service:
a) shall not cause harmful interference to radio stations of the same or other
primary radio service(s) to which frequencies are already assigned;
b) cannot claim protection from harmful interference from radio stations of the same or
other primary radio service(s) to which frequencies are already assigned.

(3) Radio stations of a secondary radio service:
a) shall not cause harmful interference to radio stations of primary radio services to
which frequencies are already assigned or to which frequencies may be assigned at a
later date;
b) cannot claim protection from harmful interference from radio stations of a primary
radio service to which frequencies are already assigned or to which frequencies may be
assigned at a later date;
c) can claim protection from harmful interference from radio stations of the same or
other secondary radio service(s) to which frequencies may be assigned at a later date.

(4) In the international allocation of frequency bands, protection from interference or
limitation of use with regard to causing interference is established for the user by the
category of service on an international level.

(5) In the national allocation of frequency bands, protection from interference or
limitation of use with regard to causing interference is established for the user by the
category of service (that in some cases might be different from the RR) on a national
level.

(6) In the frequency bands specified in the national footnotes of the Table, radio
applications may operate on a tertiary basis even independently of the radio service
classification. Radio stations of such radio applications:
a) shall not cause harmful interference to radio stations of primary and secondary
radio services;
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b) cannot claim protection from harmful interference from radio stations of any radio
service or radio application.

Section 7

When applying the decree, both the entries and the footnotes of a given box of the
Table shall be considered, taking into account that the provision of a given international
or national footnote:
a) applies solely to a given radio service when the footnote is entered into the Table
along with that radio service or
b) may apply to any radio service in the given box of the Table or to the given
frequency band when the footnote is entered at the bottom of that box, directly above the
line limiting the respective frequency band.

Use of frequency bands

Section 8

The national footnotes specify the radio applications realisable in a given part of a
frequency band, the available frequency bands (or frequencies), and the possibilities,
conditions and duration of the use of a frequency band (or a frequency), in accordance
with the provisions of the AoEC. The footnotes contain the references to international
agreements or documents according to which the given radio application has been
introduced or may be introduced in Hungary.

Section 9

(1) In the national footnotes of the Table, a given frequency band (or frequency) may
be
a) assignable,
b) reserved,
c) planned, or
d) envisaged,
in terms of the possibilities of putting into use by an applicable radio application
(radiocommunication system or equipment group) of the given band (or the given
frequency).

(2) In the frequency bands termed “assignable”, frequencies may be assigned to or,
according to a former frequency assignment, used for radio applications specified in the
respective national footnotes after this decree has come into force or after the date given
in the respective footnote, provided the requirements of this decree and the conditions for
use of frequencies specified in other legal rules are fulfilled.

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(3) In the frequency bands termed “reserved”, frequencies may be assigned to radio
applications given in the respective national footnotes only according to the decree,
establishing the rules relating to the use of frequency bands, of, in case of frequency
bands in the columns of the Table headed “Civil” or “Common”, the minister of informatics
and communications (hereinafter referred to as minister) or, in case of frequency bands in
the column of the Table headed “Non-civil”, the minister performing the tasks of the non-
civil frequency management, and provided the regulatory conditions for use of frequencies
are fulfilled.

(4) In the frequency bands termed “planned”, frequencies shall not be assigned for
the purpose given in the respective national footnote. In such cases the term “planned”
refers to preparing for the introduction of future radio applications in Hungary.

(5) The term “envisaged” refers to a future unified use of the frequency bands, the
respective parts of which may come under different categories (assignable, reserved or
planned) with respect to the given radio application.

(6) In order to ensure an adequate or harmonised use of frequency bands, the NTFA
may prescribe the closure of a frequency band or its limited use for a transitional
(migrational) period by the following means:
a) specifying the deadline until which the systems or equipment may be operated;
b) prohibiting new frequency assignments;
c) prohibiting the establishment of radio stations using additional equipment.

(7) Extension and upgrading of networks are not allowed in the cases concerned in
subsection (6), paragraph c). Thus frequency assignments may be made, under the
conditions specified in the respective national footnotes, only to stations which are
established with equipment no other than the one the licensee had at the date the
decree has come into force, in particular for the purpose of transferring the equipment
to another site.

(8) The different application groups which have been entered jointly into the national
footnotes and which belong to frequency bands termed “assignable”, are itemized in the
different annexes as follows:
a) Annex 6: frequencies and frequency bands assignable to short range devices
(SRDs) and relating international documents;
b) Annex 7: applications specified by ICAO Annex 10 in the aeronautical
radionavigation and aeronautical mobile (R) services;
c) Annex 8: applications, specified for the air traffic and not regulated by the ICAO,
in the aeronautical radionavigation, radiolocation and aeronautical mobile (OR) services;
d) Annex 9: frequency bands assignable in the bands allocated to the maritime
mobile service to coast stations and shipborne stations in Hungary;
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e) Annex 10: frequency bands and frequencies specified by the RR for distress,
safety, search and rescue applications;
f) Annex 11: frequency bands assignable to non-civil applications in the fixed
service, according to footnote H21;
g) Annex 12: frequency bands assignable to non-civil applications in the mobile
service, according to footnote H22.

(9) The list of international documents referred to in the decree is included in Annex
13.

Frequency assignment

Section 10

(1) For use within the borders and the airspace of Hungary, frequencies may be
assigned only in frequency bands termed “assignable” and in those termed “reserved”
for which the rules relating to the use of frequency bands have been established in a
decree by the minister or the minister performing the tasks of the non-civil frequency
management.

(2) The use of frequency bands termed “assignable” or “reserved” or of frequency
bands of limited availability in the sense of Section 9, subsection (6) shall comply with
the conditions specified in this decree and in the minister decree establishing the rules
relating to the use of frequency bands, with the exception of experimental use of
frequencies and use not exceeding 30 days.

(3) Within the framework of the civil frequency management, in the radio spectrum
under the scope of the decree, frequencies may be assigned to equipment using Ultra-
Wideband (UWB) technology on a tertiary basis, according to the following ECC
Decisions:
a) ECC/DEC/(06)04: ECC Decision of 24 March 2006 amended 6 July 2007 at
Constanta on the harmonised conditions for devices using Ultra-Wideband (UWB)
technology in bands below 10.6 GHz;
b) ECC/DEC/(06)12: ECC Decision of 1 December 2006 amended Cordoba, 31
October 2008 on supplementary regulatory provisions to Decision ECC/DEC/(06)04 for
UWB devices using mitigation techniques;
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c) ECC/DEC/(07)01: ECC Decision of 30 March 2007 amended 26 June 2009 on
specific Material Sensing devices using Ultra-Wideband (UWB) technology.

(4) For use outside the borders and the airspace of Hungary, frequencies may be
assigned by the frequency management authority to on-board radio stations of the
maritime mobile, maritime mobile-satellite, aeronautical mobile, aeronautical mobile-
satellite, radionavigation and radionavigation-satellite services, and to space stations of
space radiocommunication services, in accordance with the RR and the respective
international agreements.

(5) For use outside the borders of Hungary, frequency assignments to earth stations
on board vessels operating in fixed-satellite service networks may be made by the
frequency management authority in accordance with the RR and Decisions
ECC/DEC/(05)09 and ECC/DEC/(05)10.

Data supply

Section 11

(1) The National Communications Authority, Hungary (hereinafter referred to as
NCAH) shall maintain a connection with the frequency information system (hereinafter
referred to as EFIS) of the European Radiocommunications Office (hereinafter referred to
as ERO) defined by the European Commission as a common access point, in order to
make comparable information regarding the use of radio spectrum available to the public
via the Internet.

(2) The NCAH shall provide to EFIS the following information regarding the use of
the radio spectrum:
a) for each frequency band individually:
aa) service allocations as defined by the RR,
ab) radio applications using the choice of terms available in EFIS,
ac) radio interface specifications according to the format in subsection (3),
ad) in accordance with subsection (4), information on individual rights of frequency
use for frequency bands used for the provision of electronic communications services, in
which the entitlement to using or the right to use a frequency may be transferred, or in
which the entitlement to using a frequency may be obtained through a procedure of
auction or tendering;1

1 This provision shall be applied from 1 January 2010.
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b) national contact point capable of answering inquiries from the public related to
finding national spectrum information not included in the European spectrum information
portal as well as information on procedures and conditions applicable to any envisaged
assignment process for rights of frequency use.

(3) When uploading radio interface specifications, the NCAH shall provide either by
reference to the relevant standard or descriptive text and any comments as necessary,
regarding the following parameters:
a) channelling;
b) modulation/occupied bandwidth;
c) direction/separation;
d) transmit power/power density;
e) channel access and occupation rules;
f) authorisation regime;
g) additional essential requirements according to Section 80, subsection (3) of the
AoEC;
h) frequency planning assumptions.

(4)2 For frequency bands defined in subsection (2), paragraph a), subparagraph ad)
the NCAH shall provide in compliance with the provisions of the Act on protection of
personal data and legal requirements relating to business secrets, the following
information:
a) the identity of the radio frequency right holder;
b) the expiry date of the right or, in the case where there is none, the expected
duration;
c) the geographic validity of the right by at least providing the information whether
the right is local (i.e. one station), regional or nationwide;
d) an indication of whether or not the entitlement or the right is transferable.

(5) The NCAH shall send, within three months after the entry into force of the
regulation, the tables containing the information on the national frequency allocations and
utilisations to the ERO in an electronic format requested by it.

(6) The NCAH shall update the information defined in subsection (2) at least once a
year until 1 January 2010 and twice per year thereafter. This shall be executed either
through manual entry of data via the Internet or through automatic uploading facilities
using a specified format for data exchange.

(7) The tasks of keeping under scrutiny, reporting to and informing the European
Commission as specified by legal acts of the Union connected with the radio spectrum
policy of the European Community shall be fulfilled by the NCAH. The NCAH shall consult
in advance the ministry leaded by the minister about the report to be sent to the European
Commission.

2 This provision shall be applied from 1 January 2010.
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Conformity with the law of the European Union

Section 12

This decree ensures the conformity with:
1. Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be
reserved for the coordinated introduction of public pan-European cellular digital land-
based mobile communications in the Community;
2. Council Directive 91/287/EEC of 3 June 1991 on the frequency band to be
designated for the coordinated introduction of digital European cordless
telecommunications (DECT) into the Community;
3. Directive 2005/82/EC of the European Parliament and of the Council of 14
December 2005 repealing Council Directive 90/544/EEC on the frequency bands
designated for the coordinated introduction of pan-European land-based public radio
paging in the Community;
4. Directive 2009/114/EC of the European Parliament and of the Council of 16
September 2009 amending Council Directive 87/372/EEC on the frequency bands to be
reserved for the coordinated introduction of public pan-European cellular digital land-
based mobile communications in the Community;
5. Commission Decision 2000/637/EC of 22 September 2000 on the application of
Article 3(3)(e) of Directive 1999/5/EC to radio equipment covered by the regional
arrangement concerning the radiotelephone service on inland waterways;
6. Commission Decision 2001/148/EC of 21 February 2001 on the application of
Article 3(3)(e) of Directive 1999/5/EC to avalanche beacons;
7. Decision No 676/2002/EC of the European Parliament and of the Council of 7
March 2002 on a regulatory framework for radio spectrum policy in the European
Community, Articles 1, 2 and 5;
8. Commission Decision 2004/545/EC of 8 July 2004 on the harmonisation of radio
spectrum in the 79 GHz range for the use of automotive short-range radar equipment in
the Community;
9. Commission Decision 2005/50/EC of 17 January 2005 on the harmonisation of
the 24 GHz range radio spectrum band for the time-limited use by automotive short-range
radar equipment in the Community;
10. Commission Decision 2005/513/EC of 11 July 2005 on the harmonised use of
radio spectrum in the 5 GHz frequency band for the implementation of wireless access
systems including radio local area networks (WAS/RLANs);
11. Commission Decision 2005/928/EC of 20 December 2005 on the harmonisation
of the 169,4-169,8125 MHz frequency band in the Community;
12. Commission Decision 2006/771/EC of 9 November 2006 on harmonisation of the
radio spectrum for use by short-range devices;
13. Commission Decision 2006/804/EC of 23 November 2006 on harmonisation of
the radio spectrum for radio frequency identification (RFID) devices operating in the ultra
high frequency (UHF) band;
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