Top Court rejects Klubradio appeal over 92.9 MHz

The Kuria, Hungary's supreme court, has ruled against the appeal of Klubradio over the use of the 92.9 MHz frequency, saying the commercial channel lost the frequency due to a flawed application, the National Media and Communications Authority (NMHH) said on Wednesday.

In its ruling on Sept. 28, the Kuria fully rejected Klubradio’s appeal, saying that NMHH’s procedure had been fully in line with relevant legislation.

It upheld¬†¬†earlier decision of the media authority and the Municipal Court, saying that besides “flaws warranting disqualification” in the application papers, the station’s economic operation ran afoul of legal requirements and the conditions of the tender.

The flaws disclosed in the tender warranted immediate disqualification under Hungarian law, and fell beyond the purview of NMHH, the Kuria said.

“Based on those facts, the media authority had no choice but to disqualify the tender. The Kuria also rejected Klubradio’s argument that the disqualification harmed the principles of freedom of the press and due process,” NMHH said. Those arguments cannot be the baseline for violating the law or preferential treatment, it said.

“NMHH or the Municipal Court did not strip Klubradio of the use of the 92.9 MHz frequency; rather, Klubradio did so itself by submitting a flawed, incomplete and inconsistent tender,” the authority said.

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