Background & Facts of the case In order to enable a more efficient use of the Austrian mobile communications network, the Telekom-Control Commission  (“the authority”) ordered, by decision of 28 July 2014, a so-called “refarming” of rights of use for radio frequencies in the 900 and 1800 MHz ranges. These frequencies, which had previously been limited to GSM technology, could now be used in a technologically neutral way. However, the existing allocation of rights of use for radio frequencies among mobile operators should remain unchanged. The mobile operator A (the “applicant”) lodged an appeal against the decision before the Bundesverwaltungsgericht (Federal Administrative Court, hereafter “BVwG”), arguing inter alia that one of its competitors, which
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