(4) The lowest amount by which a bid for the fee referred to in point 4 of the second
paragraph of the previous Article may be raised at an auction may not be less than one per
cent of the reserve fee.
(5) Before determining the highest bid or bids, the last highest bid or bids must be announced
and the auction participants given at least one opportunity to place a higher bid. If they do
not, the last highest bid or bids shall be accepted and declared to be the highest by decision.
(6) A written decision on acceptance of the highest bid, with an indication of the deadline by
which the fee is to be paid, must be issued to the auction participant or participants placing
the highest bid.
(7) In conducting and maintaining order at a public auction, the head of the commission or
his deputy conducting the public auction shall have official public authorisations in the
administrative procedure in relation to conducting a public hearing.
(8) Should the chair of the commission or his deputy find, in the course of an oral public
auction, that two or more auction participants have come to an agreement on the method of
bidding or the result, or are engaged in coordinated bidding, these participants shall be
excluded from the public auction and a written decision drawn up. There shall be no appeal
against this decision.
(9) Where a public auction has been held, the auction participant or participants who have
been successful at the public auction and who have paid the fee for the efficient use of a
limited natural resource referred to in the second paragraph of Article 47 of this Act by the
prescribed deadline shall be deemed to be the auction participant or participants selected
under the public invitation to tender.
Article 46
(unallocated radio frequencies)
If not all radio frequencies are allocated at a public auction, the Agency may repeat the
procedure referred to in Article 36 of this Act for the remaining radio frequencies or, in the
cases referred to in the third paragraph of Article 33 of this Act, hold a direct public invitation
to tender.
2.3 Procedure following the completion of a public invitation to tender
Article 47
(application of the act governing the general administrative procedure)
(1) Upon receipt of the commission’s report on the evaluation of tenders, the Agency shall
continue its decision-making procedure under the act governing the general administrative
procedure, where all tenderers that have submitted correctly marked tenders by the deadline
laid down in the public invitation to tender shall have the status of parties.
(2) If the decision on the initiation of a public invitation to tender lays down that a public
auction is to be held after completion of the public invitation to tender, an administrative
procedure shall be commenced only after the successful auction participant or participants
have paid the fee for the efficient use of a limited natural resource or, if the payment method
is such, have paid those of the instalments they are obliged to pay under the decision
establishing the highest tender prior to the issuing of the decision allocating radio
frequencies.
Article 48
(limitation of evidence)