No. 34

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Communications

(b) not apply any tariffs without the prior approval of the
Authority.

(2) The Authority may monitor and review the tariffs as approved
under this Act to ensure that they comply with the principles set out
in section 74.

76. A licensee shall, upon approval of the tariffs by the
Authority__
(a) publish the tariffs, at the licensee's own expense, in at least
two daily newspapers that have the widest circulation in Malawi,
seven days before the introduction of the tariffs; and
(b) provide its communications service in accordance with the
published tariffs.

77. The Authority shall maintain a register of tariffs submitted
by licensees, which register shall be open to the public for inspection on such terms and conditions as the Authority may determine.
78.__(1) The Authority may reframe tariffs in order to promote
fair competition and the granting of new licences.

(2) The Authority shall reframe tariffs by fixing price caps for one
or several communication services, and the price caps fixed shall be
for over a period of years or on a progressive term.

Obligations
of a licensee
to publish
approved
tariffs

Tariff register

Tariff
reframing

(3) Before implementing any tariff reframing, the Authority shall
conduct a market analysis in consultation with the Competition and
Fair Trading Commission.

(4) The Authority shall reframe tariffs in order to make the tariffs
cost efficient and to remove cross-subsidization between distinctive
communication services.
(5) The Authority shall make rules on tariff reframing.

79. The Authority may, on its own motion or following a
complaint made by any person, investigate tariffs set up by a
licensee for purposes of ensuring compliance with this Act.

Investigations
on tariffs

80. Any licensee who contravenes any provision of this Part
commits an offence and shall, upon conviction, be liable to a fine of
k10,000,000 and imprisonment for ten years.

Offences
relating to
tariffs

81.__(1) The Authority shall manage frequency spectrum through
the allocation, assignment and use of frequencies.
(2) The Authority shall make rules__

Management
of frequency
spectrum

PART IX__MANAgEMENT OF FREqUENCy SPECTRUM

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