Investor News
Development in the lawsuit regarding the decision closing the 900 MHz frequency auction
Budapest, October 17, 2012 17:00
Magyar Telekom (Reuters: MTEL.BU and Bloomberg: MTELEKOM HB), the leading Hungarian telecommunications service provider announces that the Curia suspended, until the conclusion of the judicial review procedure, the enforceability of the judgment of the Metropolitan Court 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.
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, on March 12, 2012 Magyar Telekom filed a petition with the
Metropolitan Court, requesting that the Court annul the designation of the
Consortium as an auction winner and certain relating requirements of the final
decision. In addition to Magyar Telekom, Telenor Magyarország Zrt. and Vodafone
Magyarország Zrt. also filed petitions against certain provisions of the final
decision.
As also announced
previously, the Metropolitan Court, by its final judgment announced on
September 17, 2012, annulled the entire decision closing the auction. This
judgment is non-appealable; however, a judicial review of the judgment before
the Curia is available.
A request 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 – by its order delivered to Magyar
Telekom on October 17, 2012 – suspended the enforceability of the Metropolitan
Court’s judgment until the conclusion of the judicial review process. This
order of the Curia has no impact on the substance of the case; the Curia will
decide on the substance of the case later on, as a result of the judicial
review procedure.
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about our beliefs and expectations, are forward-looking statements. These statements are based on current plans, estimates
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in, among other things, our Annual Reports for the year ended December 31, 2011 available on our website at
https://www.telekom.hu.