Hungary’s Magyar Telekom has announced it has initiated a judicial review of the regulator’s decision to award 900MHz spectrum in its January auction to a state consortium, which effectively introduced a fourth player to the mobile market. The…
Hungary’s Magyar Telekom has announced it has initiated a judicial review of the regulator’s decision to award 900MHz spectrum in its January auction to a state consortium, which effectively introduced a fourth player to the mobile market. The move comes after an unsuccessful appeal to the regulatory authority.
Magyar Telekom said in a statement it has filed a petition with the Metropolitan Court, asking it to annul the National Media and Infocommunications Authority’s decision to designate the consortium as an auction winner and “certain relating [sic] requirements”. Magyar Telekom said it has also asked the court to suspend the enforceability of these provisions, referring to “legal errors” in the auction process and decision.
Mayyar Telekom, Telenor Hungary and Vodafone Hungary filed appeals with the authority against its initial decision on 31 January and it had 45 days to reach a final decision.
Magyyar Telekom said it received notification from the authority last Friday (9 March) that its appeal had been dismissed.
“Accordingly, the decision closing the auction became final,” the company said.
As such, the consortium – consisting of power company MVM, postal services operation Magyar Posta and a unit of development bank MFB – is entitled to commence operations.
As previously reported, the European Commission (EC) is also examining the auction following complaints by unnamed third parties.
While a spokesperson for the Brussels-based commission stressed that its early-stage investigation will not necessarily result in any action being taken, Hungarian legal experts told TelecomFinance it could very well decide to step in.
“The EC may [get] involved if … they find any discrepancy between the decision of the authority and the [European] Community Law,” said Bird & Bird lawyer Titusz Puskar.
