The European Commission has told Hungary and Spain to accelerate their implementation of the amended GSM Directive, which enables the 900 MHz band to be used for services other than 2G.
All EU member states were meant to implement the amended Directive into national law by 9 May 2010, removing any legal barriers to the deployment of 3G services in the band.
The requests to Hungary and Spain are in the form of "reasoned opinions" under EU infringement procedures. If either country fails to inform the Commission of measures taken to comply with their obligations under the amended GSM Directive within two months, the Commission could decide to refer them to the Court of Justice and ask the Court to impose financial penalties.
Despite this apparent slowness in implementing the revised Directive, both countries are pressing ahead with their plans for the 900 MHz band. Spain published its proposals last month, while Hungary's national development minister Tamas Fellegi recently said that the country would soon organise a frequency tender for the sale of a fourth licence in the band. Spectrum in the 900 MHz band in Hungary is currently held by Deutsche Telekom-backed T-Mobile Hungary, Telenor Hungary (formerly Pannon) and Vodafone Hungary. T-Mobile has 43 per cent of the mobile market, Telenor 34 per cent and Vodafone 22 per cent.
Hungary's telecoms regulator, the National Media and Infocommunications Authority (NMHH), was set up by the Law on Media and the Freedom of Press, which came into force at the beginning of 2011. The NMHH has taken over the functions of two agencies, the National Communications Council and broadcasting regulator ORTT. The NMHH president, Annamaria Szalai, is a former member of the ORTT and will remain in the post for nine years.•
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