The Federal Council shall regulate the procedure for granting radio communications licences. It shall be conducted in accordance with the principles of objectivity, non-discrimination and transparency. All information provided by applicants shall be treated as confidential.
The public law on public procurement does not apply.
For the first-instance procedure concerning the public tendering process and for the appeals procedure, in particular with regard to evaluation of the submissions and in order to guarantee commercial secrecy, the Federal Council may deviate from the following provisions of the Federal Act of 20 December 19681on Administrative Procedure (APA):
determination of the circumstances (Art. 12 APA);
co-operation of the parties (Art. 13 APA);
inspection of documents (Art. 26-28 APA);
right to a hearing (Art. 30 and 31 APA);
notification and justification of decisions (Art. 34 and 35 APA).
In the procedure concerning the public tendering process, interim decisions are not in themselves contestable by means of appeal.