Acts | MACRA Website

ACTS

The Communications Act, 2016
An Act to regulate the provision of communication services in Malawi including; electronic communications, postal and courier services and content broadcasting services. The Act establishes the Malawi Communications Regulatory Authority as a regulator of communication services with the power to, inter alia; licence providers of communications services, protect consumers and purchasers of communication services, promote research and development in communication services, promote access to information and develop and publish standards on communication goods and services.

Communication Act, 2016

The Electronic Transactions and Cyber Security Act

An Act to make provision for electronic transactions and for the investigation, collection and use of electronic evidence. The Act also provides for the establishment and functions of the Malawi Computer Emergency Response Team (MCERT). It also makes provision for criminalizing offences related to computer systems and information communication technologies. MACRA is responsible for the implementation of the Act.

MACRA Electronic Transactions Cybersecurity Act 2016

Spectrum Department

[ays_poll id=3]Generally Spectrum Management aims at;

Providing access to basic communication services to all Malawians through the use of available technologies i.e. wireless.
Ensuring effective utilization with equitable access.
Accommodating future needs and requirements by careful planning
Harmonizing national and regional best practices with international trends
Enhancing socio-economic growth of Malawi through better spectrum pricing

MACRA is putting in place spectrum management policies that must are flexible and responsive to the needs of the market, recognizing that each class of spectrum user has different requirements. For example, promoting the use spectrum -efficient technologies, such as narrow band transmission, trunking between cells with high mutual traffic loads and digital signaling, can sometimes relieve crowding in the mobile radio frequencies thereby addressing the challenges in the way the radio frequency spectrum is managed.

Principles of Assignment

Depending on the type of service to be licensed, frequencies shall be assigned based on “first-come, first-served” basis so long as frequencies are available and that the licensing requirements are satisfied. When spectrum shortage is anticipated or when specific government goals are being pursued to foster competition in a particular business sub-sector or for other specific reasons, this approach may be dropped and selection procedures adopted to ensure that spectrum is efficiently and effectively utilized. In situations of spectrum shortages, preference will also be given to those providing greater public benefits, the spectrum utilization and overall efficiency irrespective of date of receipt of the applications concerned.
Other assignment types that can be followed include Spectrum Auction, Beauty Contest, Spectrum Trading e.t.c.

Spectrum Pricing
A full table of prices applicable to terrestrial spectrum services is made available.
All users of frequencies shall be required to pay a fee, including Government Agencies or departments except those that are exempt from paying the applicable fees. The fees paid upon registration shall be renewable annually at a rate to be specified under the licence conditions. The price charged for the spectrum assigned will among other factors be dependent on such factors as size, level of competition and classification of spectrum (prime / non-prime) as well as the administrative overhead costs associated with monitoring and management.

The price that is charged for the spectrum will as much as practically possible be proportional to the derivable benefits and level of usage within the band.

Exempt / Waiver categories
Any waiver in part or in full of spectrum fees will only apply under the appropriate legislation and any regulations made there under. Exempt categories, i.e. ISM band (2.4 GHz, 5.8 GHz) shall nevertheless be required to pay a registration fee determined by the Authority.

Spectrum Planning
MACRA on a regular basis will review utilization of the spectrum in response to present, emerging and future needs. The plans will be based on the technological and other needs of the country especially in the area of universality. Particular attention will be drawn to promoting and making available the spectrum for use in wireless technologies to be used in rural and under-served communities. This process shall facilitate opening of new bands and re-allocation of frequency spectrum to operators if found necessary to ensure effective and efficient use of the frequency spectrum.

MACRA shall take into consideration all relevant key stakeholders in the sector during any review process as well as international radiocommunication conferences i.e. The World Radio Conference (WRC) where major spectrum decisions are taken. In terms of planning, critical issues that are considered include;

ITU Table of Allocation (especially for Region 1).
Regional Frequency Allocation Plan (SADC region).
National Frequency Band Plan.
Technology Neutrality.
Universal Access / Service requirements.
Frequency re-farming options.
Government / Security operations.
Public Safety and Disaster Preparedness.
Coordination needs with neighbouring countries (Mozambique, Tanzania, Zambia).

Spectrum Monitoring
MACRA continually monitors the usage of the spectrum through the Frequency Management & Monitoring (FMM) equipment that has remote monitoring stations distributed within the country. This is done to ensure;

Compliance to specified technical operating standards.
Resolving cases of harmful interference.
Eliminating illegal / unlicensed operations in the sector.
Protecting licensees within the framework of legal operation.

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