(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)

Select target paragraph3