No. 34

25

Communications

(3) There shall be appended to the report referred to in subsection
(1)__
(a) an audited statement of financial position;
(b) an audited statement of income and expenditure;
(c) justification for retention of any sums, where applicable;
and
(d) such other information as the Minister may consider
appropriate.

PART III__REgULATION OF ELECTRONIC COMMUNICATIONS SERVICES
31.__(1) Subject to subsection (2), a person shall not provide
electronic communications services except in accordance with a
licence issued by the Authority.

(2) Notwithstanding section 33, a frequency spectrum licence
shall be required in addition to any electronic communications
licence where the operation of an electronic communications
network or the provision of an electronic communications service
entails the use of radio frequency.

(3) A person who contravenes subsection (1) commits an offence
and is liable to a fine of k5,000,000 and imprisonment for five
years.
32. The Authority may make rules prescribing the types and
categories of electronic communications licences.

33.__(1) The Authority may, in consultation with the Minister,
exempt an entity or class of entities, for a period of time, from some
of the requirements and obligations relating to an individual licence
or a class licence issued under this Act.

Requirement
of licence for
provision of
electronic
communications services

Authority to
prescribe
types and
categories of
electronic
communications licences
Exemptions

(2) The Authority shall make rules providing for the criteria of
eligibility and application process, for exemptions.

(3) The Authority may, where necessary, reverse its decision
made under subsection (1), and in the event of such reversal, the
Authority shall provide reasonable notice to the affected entity.

34. The Authority shall not issue a licence under this Act unless
the applicant for the licence is duly registered under the relevant
written laws of Malawi.

Licence
eligibility

Select target paragraph3