Budapest, February 26, 2013 14:45

Magyar Telekom (Reuters: MTEL.BU and Bloomberg: MTELEKOM HB), the leading Hungarian telecommunications service provider announces that, in the lawsuit concerning the judicial review of the decision closing the auction for spectrum related to the provision of mobile telecommunications services in the 900 MHz frequency band, the Curia upheld the judgment of the Metropolitan Court.

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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