Questione giuridica chiave
Whether the revised GFV tariff for GSM concession fees was legally applicable in 2004
Decisione estratta
The revised tariff could not be applied because it lacked a sufficient statutory basis under the FMG.
Motivazione estratta
Art. 39 Abs. 2 FMG lists only technical criteria; it does not authorize an economic criterion based on market value. The revised fee model therefore exceeded the legislative delegation.