awarded to the person who offers the highest price.” 57 It also establishes that “[t]here shall be no administrative or judicial appeal against the adjudication, other than those based on the fact that the auctioned frequency was not awarded to the highest bidder […].” 58 48. Article 97 of the LGT states: “[…] the Executive Branch shall submit to Congress [...] a bill to adapt the Radiocommunications Law, Decree Law 433 of 1966, to the present law.” 59 It is not known whether such an initiative has been presented and, although the Radiocommunications Law 60 is still in force, some of its provisions, such as one that provides for a different procedure for allocating radio frequencies, 61 are not being applied. 49. Under the LGT, the radio spectrum is divided into smaller frequency ranges known as frequency bands. In that regard, the LGT regulates three types of bands: reserved frequency bands, for the exclusive use of government institutions and entities; frequency bands for amateur radio (radio hams), used exclusively by radio enthusiasts; and regulated frequency bands that can only be used through the prior acquisition of usufruct rights. 62 50. On November 17, 2011, one of the representatives of the alleged victims, the Asociación Sobrevivencia Cultural (hereinafter “the Association”), through an action of unconstitutionality 57 Decree No. 94-96 of the Congress of the Republic of Guatemala: General Telecommunications Law, supra, Article 62 (evidence file, folios 904 to 926). 58 Decree No. 94-96 of the Congress of the Republic of Guatemala: General Telecommunications Law, supra, Article 61 (evidence file, folios 904 to 926). 59 Decree No. 94-96 of the Congress of the Republic of Guatemala: General Telecommunications Law, supra, Article 97 (evidence file, folios 904 to 926). 60 According to this law, to obtain a concession it is not necessary to participate in a public auction. However, an application for a concession must be submitted to the General Directorate of Broadcasting, which approves or rejects it. Cf. Decree Law No. 433 of the Council of Ministers: Radio Communications Law, enacted on March 10, 1966, Articles 18-20. Available at http://radiotgw.gob.gt/lai/2018/DECRETOLEY433.pdf. 61 Cf. Decree law No. 433 of the Council of Ministers: Radiocommunications Law, supra, Article 18. 62 Cf. Decree No. 94-96 of the Congress of the Republic of Guatemala: General Telecommunications Law, supra, Article 51 (evidence file, folios 904 to 926). -15-