PART III-REGULATIONS OF THE TELECOMMUNICATION
NETWORKS AND SERVICES
15. In the performance of its duties under section
Duty of the
|16-(I) The Authority may, where necessary, seek
direction of the Minister as to the manner in which it is to
carry out its duties under this Part.
2. Any direction given by the Minister under subsection (1) shall
be in writing.
|17.-(1) Subject to subsection (2), no person may
operate a tele-
communication network or provide telecommunication service
in Malawi or between any place in Malawi and any other place
except in accordance with a licence issued by the Authority.
(2) The Minister, on the advice of the Authority, may from time
to time make regulations exempting-
(a) the operation of the telecommunication networks; or
(b) the provision of the telecommunication services, of the
kinds set out in the regulations from the requirement to
be licensed under this Act.
licence for provision of
|18.-(I) The Authority may issue telecommunication
the following kinds-
(a) general licences; and
(b) individual licences.
(2) The Authority shall publish a list of the telecommunication
networks and services which may only, be provided under
an individual licence.
(3) Notwithstanding section 17 and subsection (2) of this section-
(a) the provision of voice telephony; and
(b) the operation of a cable television network, may only be
authorized under an individual licence.
(4) Before issuing any telecommunication licence, the Authority
shall publish in the Gazette a complete draft of the proposed
licence and consider any representations made to it concerning
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(5) Any telecommunication licence issued by the Authority shall
come into effect when published in the Gazette.
19.-(I) The Authority shall publish a notice specifying-
(a) the procedure by which any person wishing to operate
(2) The Authority may, after due inquiry has been made, refuse to recognize the registration of any person even if made in accordance with the published procedure if so directed b the President in the interest of national security.
(3) Subject to subsection (2), any person may begin to
(4) No person may operate a telecommunication network
| 20.-(1) The Authority shall publish the procedures
individual licences may be applied for.
(2) Licensing procedures shall be objective, transparent and non-
discriminatory and shall specify-
(a) the kinds,of individual licences which may be applied for;
(b) the criteria by which each licence will be issued; and
(c) the fees payable for the issue of a licence.
(3) The Authority may grant or refuse an application for an indi-
vidual licence taking into consideration-
(a) the applicant's capability to operate the network or service
for which he seeks a licence;
(b) the published criteria by which the licence will be issued;
(c) the extent to which issuing such a licence would be consis-
tent with the principles stated in section 4; and
(d) whether or not the issue of such a licence is in the public interest.
(4) The Authority shall communicate its decision on an application for an individual licence within six months of receipt of the application.
(5) Where the individual licence to be issued for the
operation of a particular type of telecommunication network or the provision
of a particular type of telecommunication service is to be limited in number,
the Authority shall-
|21.--(I) A telecommunication licence issued by
the Authority Terms and
(a) be issued on payment by the applicant of the appropriate munication licence fee-,
(b) state the terms and conditions on which it is issued;
(c) specify the services that may be provided; and
(c) come into effect when published in the Gazette.
(2) A telecommunication licence may only be issued on
such terms and subject to such conditions as are consistent with the principles
stated in section 4.
Conditions of telecom-
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(e) prohibiting the licencee from giving undue preference to or from exercising undue discrimination against any particular person or any class of persons (including any other licencee);
(f) prescribing rules that govern the commercial behaviour of the licencee;
(g) requiring the submission to the Authority for its approval of a standard contract for the provision of service to users;
(h) specifying the criteria for setting tariffs of voice telephony services and of any other telecommunication service if provided on an exclusive basis, and such criteria shall as far as possible promote consultation between the Authority and the operator or service provider;
(i) requiring the licencee to publish the charges and other terms and conditions that are to be applicable to facilities and services provided;
(i) requiring the licencee to ensure that adequate and satisfactory information including billing, tariffing, directory information and directory enquiry services and emergency numbers are provided to customers;
(k) establishment by the licencee of a simple method of resolving disputes with users;
(1) furnishing to the Authority such documents, accounts, returns or such other information as the Authority may require for the performance of its functions under this Act;
(m) requiring the licencee to comply with such technical standards or requirements including service performance standards as may be specified in the licence;
(n) any other conditions as the Authority may consider appropriate and which are consistent with the principles stated in section 4 of this Act.
|22.-(I) The Authority shall ensure that telecommunication
services are provided in accordance with the terms and conditions of licences
and regulations in force.
(2) The Authority may-
(a) investigate any complaint made to it concerning activities undertaken under a telecommunication licence;
(b) appoint an independent person to carry out an investigation into such a complaint;
(a) require the licencee to respond to such a complaint.
(3) Where, after due inquiry, the Authority is satisfied
that a licencee has breached a term or condition of its telecommunication
licence, it shall notify the licencee of the fact in writing and may make
a provisional order requiring the licencee to remedy the breach forthwith.
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(4) The Authority may make a provisional order suspending the registration of any person under a general licence if it believes on reasonable grounds that the person has ceased to be eligible or that the person has contravened any condition of the licence, provided
that the Authority-
(a) gives not less than twenty-eight days notice in writing
(5) After due consideration of any representations made
to it, the Authority may confirm a provisional order made under this section
and may require the payment of a penalty or compensation, as appropriate.
|23.-(I) The Authority may modify any condition
of a telecommunication licence in accordance with the provisions of the
licence or, in the absence of such-provision, if it is in the public interest
to do so.
(2) Before modifying any condition of a telecommunication
licence, the Authority shall-
of a telecom-
|24.--(I) The Authority may designate as a telecommunication
operator any person who has been issued an individual licence under this
Part which includes the following conditions-
(a) an obligation to provide such telecommunication services
as air specified in the licence;
(b) an obligation to connect to any telecommunication network
to which the licence relates or permit the connexion to any such network, of such other networks as are specified in the licence;
(c) a prohibition on showing undife preference to, or on exer-
cising undue discrimination against, particular persons or persons
of any class or description in respect of any service provided or
connexion made (whether in respect of the charges- or other terms and conditions applied or otherwise); and
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(d) such other terms and conditions as the Authority may specify.
(2) Any person designated as a telecommunication operator shall enjoy the rights and comply with the obligations specified in the code of conduct set out in the Second Schedule.
(3) The Authority may co-opt any person designated
as a telecommunication operator as a member of its delegation to any international
organization concerned with telecommunications.
|25. If it appears to the Authority that a person
holding an individual licence is taking or intends to take any action which-
(a) may constitute an abuse of a dominant position in
relation to the provision of any telecommunication service, or
the Authority may, after giving the person concerned an
opportunity to make representations, direct that person to cease or refrain
from taking such actions, as the case may be.
|26.- (1) Any person holding a telecommunication
licence under this Act may enter into an agreement regarding interconnexion
with another such person terms and conditions as the parties agree, provided
that the agreement is notified to the Authority with a copy supplied.
(2) The Authority may, within twenty-eight days of an
agreement regarding interconnexion notified to it under subsection (1),
declare void any term of the agreement.
|27.- (1) After consultation with licensees designated as telecommunication operators, the Authority shall publish in the Gazette a numbering plan for use by subscribers in Malawi.|
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(2) The Authority shall from time to time consult with operators of telecommunication networks providing voice telephony on the need for additions to or changes in the published numbering plan.
(3) No change to the numbering plan may be made without the consent of the Minister.
(4) Any change in the numbering for voice telephony shall be designed so as to ensure that –
(a) sufficient numbers can be made available to subscribers without delay;
(b) numbers include a few digits as practicable;
(c) additional blocks of numbers are allotted to licensees in a non discriminatory manner;
(d) no undue competitive advantage is conferred on any licensee;
|28.- (1) Telecommunication operators in Malawi
may by agreement have access to or make use of any infrastructure for the
purpose of providing public telecommunication services.
(2)Any person authorized to operate infrastructure may install, maintain and operate telecommunications equipment and facilities for the purposes of operating that infrastructure:
(3) An operator of public telecommunication service shall, whenever technically feasible and subject to a negotiated agreement, make available its infrastructure or any part thereof causes or is likely to cause harmful interference with the provision of services by the first operator.
(4) The cost, if any, of making infrastructure available to a requesting operator of public telecommunications pursuant to subsection (3) shall be made in writing and shall be responded to in writing within twenty-eight days of the receipt of the request and in the event of refusal the requested operator shall be required to furnish reasons.
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(6) Where the parties referred to in subsection (3) fail to reach agreement and the Authority is of them opinion that it is technically feasible for those parties to share the infrastructure concerned, the Authority shall have power to compel the parties to reach agreement on such terms and conditions as the Authority shall determine.
(7) Any agreement for sharing infrastructure made pursuant to subsection (1') and (3) shall be filed with the Authority by the requesting operator of public telecommunications services being party to the agreement.
(8) Any dispute regarding the sharing of infrastructure pursuant
to this section shall be resolved by the Authority.
|29.--(I) The Authority shall, establish and maintain
a procedure by by which any matter which-
(a) relates to the provision of a telecommunication service;
(b) has not, after allowing a reasonable period, been resolved
between the subscriber or subscribers concerned and the provider of the telecommunication services; and
(c) in relation to which the Authority has been requested to act by a subscriber concerned, may be resolved in an effective, fair and relatively cheap manner.
(2) The Authority may intervene at the request of any party in order to resolve any dispute between holders of telecommunication licences.
|30. The Authority may require any person holding
a telecommunication licence-
(a) to adopt any method of calculating the costs of providing
telecommunication services and to adopt any accounting method or system
of accounts for the purposes of complying with the provisions of this Act
or the exercise of a power conferred on the Authority under this Act:
to submit information to the Authority, in periodic reports or in such
other form and manner as the Authority considers Necessary for the implementation
of this Act.
||31.--(I) The Authority shall not discuss any information provided to it as part of the exercise of its functions under this Act which relates to the business activities of any body corporate which that person has notified to the Authority that it wishes to be kept confidential.|
(2) Notwithstanding subsection (1), the Authority may disclose information that it has been notified should be kept confidential if such disclosure is essential in order to fulfill its functions under this Act or if so directed under an order of a court.
(3) Before disclosing any information that it has been notified should be kept confidential, the Authority shall inform the-person affected and consider any representations made by it regarding the' necessity for, time and manner of disclosure.
|32.—(1) The Minister, on the advice of the Authority,
may from time to time make regulations governing the operation of telecommunication
networks, the provision of telecommunication services or the use of terminal
(2) Before advising the Minister to make any regulations
contemplated in subsection (1), the Authority shall publish a complete
draft of the proposed regulation and consider any representations made
to it concerning the draft.
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