Judgment in the lawsuit regarding the decision closing the 900 MHz frequency auction
As previously announced, on August 4, 2011, the Office
of the National Media and Infocommunications Authority (the “NMHH Office”)
announced an auction for the right of use of a total amount of 10.8 MHz of
unused spectrum related to the provision of mobile telecommunications services
in the 900 MHz frequency band. The spectrum can be utilized in a technology
neutral manner, allowing for the installation and operation of GSM, UMTS, LTE
and/or WiMAX mobile networks. Magyar Telekom filed an auction bid on December
8, 2011. On January 31, 2012, Magyar Telekom received from the NMHH Office the
first instance, non-final decision closing the auction. In the decision, a consortium
of Magyar Posta Zrt., MFB Invest Zrt. and Magyar Villamos Művek Zrt. (the
“Consortium”) was designated as an auction winner, amongst others. Magyar
Telekom, like other incumbent operators present on the mobile
telecommunications market, filed an appeal to the President of the National
Media and Infocommunications Authority concerning the designation of the
Consortium as an auction winner and certain relating requirements of the first
instance decision. On March 9, 2012, Magyar Telekom received from the NMHH
Office the final and non-appealable decision of the NMHH Vice-President,
dismissing the appeal of Magyar Telekom and upholding the first instance
decision. Accordingly, the decision closing the auction became final.
As also announced previously, Magyar Telekom, Telenor
Magyarország Zrt. and Vodafone Magyarország Zrt. filed petitions with the
Metropolitan Court against certain provisions of the final decision.
As also announced previously, requests for judicial
review of the Metropolitan Court’s judgment, and a request for the suspension
of enforceability of the judgment, was filed with the Curia. In line with the
suspension request, the Curia suspended the enforceability of the Metropolitan
Court’s judgment until the conclusion of the judicial review process.
The Curia, by its judgment closing the
judicial review process, announced on February 26, 2013, upheld the judgment of
the Metropolitan Court. Accordingly, the NMHH’s administrative decision closing
the 900 MHz frequency auction is annulled in a final, binding and
non-appealable manner.
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Forward-looking statements involve inherent risks and uncertainties. We caution you that a number of important factors could cause actual results to differ materially from those contained in any forward-looking statement. Such factors are described in, among other things, our Annual Reports for the year ended December 31, 2011 available on our website athttps://www.telekom.hu
