MALAWI COMMUNICATIONS LAW 1998                                                                      MALAWI SDNP
 
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PART XI - TRANSITIONAL AND MISCELLANEOUS PROVISIONS  
103,-(1) Any regulations or rules made under any law relating to communication matters in respect of which regulations may be made under this Act and in force immediately before the date of commencement of this Act shall, in so far as they are consistent with the provisions of this Act, continue in force as if made under this Act until they are revoked or replaced by regulations or rules made under this Act. 

(2) Any agreement, contract, document, licence, or permission, made, granted or approved under any law relating to communication matters shall, in so far as it is consistent with the provisions of this Act and except as otherwise expressly provided in this Act or in any other written law, continue and be deemed to have been made, granted or approved by the Authority or the Minister as the case may be, under the corresponding provisions of this Act. 

(3) Notwithstanding subsection (2), any person duly licenced or authorized under applicable legislation prior to the commencement of this Act to provide- 

(a) a telecommunication service; 

(b) a postal service; 

(c) a broadcasting-service,

Existing   
licences and   
authorities   

   
 
 
 
 
 
 
 

   

   

   

   
 
 

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50
Communications


shall continue to be authorized to provide that service, provided that the terms and conditions of any licence issued to that person under this Act are complied with.  

(4) Any frequency assignment duly made under applicable legislation prior to the commencement of this Act shall continue in force as if made under this Act, provided that-  

(a) information relating to frequency assignment is made available to the Authority; and   

(b) any conditions generally contained in a radio licence applicable to such an assignment if made under this Act are complied with.  

(5) The Malawi Defence Forces and the Malawi Police Force shall be deemed to have been issued radio licences in respect of all radio frequencies being used by them immediately prior to the commencement of this Act, provided that they apply to the Authority for the radio licences applicable to such frequencies within one year of the date of commencement of this Act.  

(6) Any equipment approval duly given under applicable legislation prior to the commencement of this Act shall continue in force as if given under this Act.

Dissolution   
Of  
MPTC
104.-(1) Any assets and liabilities of the Malawi Posts and Telecommunications Corporation which are not to be vested in Malawi Telecom, Malawi Posts, MBC or the Authority shall be disposed of within a reasonable time from the transfer date but not later than five years in such a manner as the Minister of Finance shall determine. 

(2) The Malawi Posts and Telecommunications Corporation shall be dissolved on or before the first anniversary of the transfer date, and the Minister shall give notice of the dissolution in the Gazette.

National  
communi-  
cation policy
105.--(I) The Minister may from time to time set out in a statement, the policy of the Government with respect to communications (in this Act referred to as the "National Communications Policy"). 

(2) Any statement made by the Minister pursuant to subsection 

(1) shall be published in the Gazette. 

Type approval  
of equipment  
 
106.(1) Any terminal equipment shall be approved in accordance with regulations made by the Minister on the advice of the Authority and shall be operated or maintained in accordance with the terms and conditions of the approval. 

(2) The Authority shall specify and approve standards for terminal equipment which are applicable to the connexion of terminal equipment to any network used to provide a public telecommunication service.

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Communications


(3) Standards for terminal equipment developed under section (2) 

shall enter into force when approved by the Authority. 

(4) Any approval under this section may apply either to particular equipment or to any equipment of a description specified in the approval.

51
107.-(1) The Authority may establish consultative or advisory Advisory forums in the communications sector to assist it with the discharge of its functions under this Act. 

(2) The Authority may contribute out of its annual budget to the 

expenses of any forum established under subsection (1).

Publication  
of licences
108.-(I) All licences issued by the Authority under this Act  
shall be published in the Gazette. 

(2) The Authority shall- 

(a) keep a register of every licence issued or renewed under this Act; 

(b) record on the register details of the ownership and control of and the holding by any person of a financial or voting interest in each licencee; and 

(c) hold the register for inspection by interested persons at its premises during the normal office hours of the Authority. 

(3) The Authority shall, at the request-of any person and on payment of a reasonable fee, furnish that person with copy of any licence issued by the Authority under this Act. 

Licence  
fees  
and other 
charges
109.---(1)The Authority shall publish a schedule of any fees that it proposes to charge for the inspection or the issuing of a licence or and other the issuing of an approval under the provisions of this Act. Repeals and
savings
No. 29/19%
 
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