Facts
On 30 April 1997, the Federal Assembly adopted the revised Telecommunications Act (TCA). This, among other things, stipulates that a concession is required to operate a telecommunications service and use the radio frequency spectrum. The granting of these concessions falls within the competence of the Federal Communications Commission (Communications Commission). In April 1998, the Communications Commission granted two new nationwide mobile telecommunications concessions, one to diAx mobile and one to Orange Communications SA. Sunrise Communications AG and other applicants then filed administrative court appeals against these decisions with the FJA.Considerations
The FJA does not enter into the administrative court appeals. It justifies this by stating that there is no entitlement to the granting of mobile telecommunications concessions if there are not enough frequencies available for all applicants. In such a situation, the Communications Commission has discretionary powers, which, according to Art. 99 para. 1 lit. d of the FJA Act, means the exclusion of administrative court appeals. The FJA also rejects a direct reference to Art. 6 of…