70In the present case, it should be noted, first, that it has been indicated to the Court that the digital radio frequencies were allocated free of charge to incumbents so as, depending on the circumstances, to ensure the continuity of television output or to reward investment already made in digital technology, whereas the radio frequencies of the digital dividend, aimed, in particular, at new entrants and small operators, were subject to a fee-based selection procedure. However, as the Advocate General noted in point 87 of her Opinion, in the light of the objectives thus set out, those two categories of operator are not, in principle, in a comparable situation, so that a potential difference in treatment is not contrary to the principle of equal treatment.
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