(Telecompaper) T-Mobile Austria confirmed in a blogpost that it has filed an appeal against the decisions of the Austrian telecommunications commission TKK of 13 December 2012 to approve the transfer of spectrum from Orange Austria to 3 Austria and from 3 Austria to A1 Telekom Austria as part of the acquisition of Orange Austria by 3 Austria. The appeal was filed on 31 December 2012 with the Federal Administrative court and claims that the spectrum transfer enables 3 Austria and A1 to use 2100 MHz (for UMTS/HSPA) and 2600 MHz (for LTE) more efficiently and at lower cost to expand their networks. This offers them a unfair market advantage over T-Mobile, thus distorting the Austrian mobile market. T-Mobile demands that the TKK redistributes UMTS/HSPA frequencies in a more fair way, which is a possibility according to the telecommunications law and has been calling for such a measure during the approval process of the merger. The appeal is based on the fact that the TKK denied T-Mobile its third party right during the approval process and is the only way for T-Mobile to ensure a fair future for itself on the Austrian market. The operator also demanded an injunction on the transfer of the frequencies, meaning a delay for the completion of the Orange Austria acquisition. The Administrative Court will decide on the injunction during the coming days.