COMPLAINT HANDLING PROCEDURE

Consumers of all communication services: – Telecommunications, Broadcasting, Data communications, Postal and Courier Services who are dissatisfied with services rendered to them by any of the operators have a right to redress the situation through lodging of complaints to Malawi Communications Regulatory Authority.

Please read carefully the procedures, which are outlined here-under in Form of Frequently Asked Questions and answers.

Mode of lodging complaints
  1. The complainant may deliver a complaint through the following means:
  2. by hand/dispatch; –  Malawi Communications Regulatory Authority, 9 Salmin Armour Road, Ginnery Corner, Blantyre, Malawi
  3. by post; – Malawi Communications Regulatory Authority,9 Salmin Armour Road, Private Bag 261, Blantyre, Malawi
  4. by phone or fax; – +265 (0) 1 812912 or  01 812 890
  5. by web-site/on line   macra.mw / consumer-help@macra.mw
What issues can Consumers complain about?

These include, amongst others: unlawful airtime deductions, arbitrary disconnection, and nonchalant attitude towards genuine complaints, poor quality of services, delays in service delivery, false and misleading advertisements, invasion of privacy, violation or non-delivery of mail, delayed restoration of service etc.

What is the first thing a dissatisfied consumer of communication services do, in order to get their problem solved?

It is advisable to begin the complaints process with the provider of the service you are not satisfied with for instance with a call or written complaint and where necessary, obtain a complaint reference number where necessary. This gives them a chance to resolve the issue for you. Most licensed operators are more than willing to resolve complaints amicably and swiftly.

In the event that the service provider does not satisfactorily solve the problem, he / she can then proceed to file a complaint to the Consumer Affairs Unit of the Malawi Communications Regulatory Authority

Do consumers have any responsibilities / duties /obligations?

Yes! Whereas consumers have got rights, they too have obligations to fulfill. Obligations such as prompt payment of phone bills and ensuring that utilization of communications services is not in a manner hazardous to the environment.

Will the MACRA Consumer Affairs Unit get back to the consumer who lodged a complaint?

Yes. In cases where investigations are concluded in less than 48 hours, the complainant will be reached by phone in less than 48 hours, otherwise he/she will be communicated to in writing on the outcome of the review within 14 days.

Is MACRA a Government agency?

Yes! MACRA is a Government agency with independent status to effectively regulate the activities of operators, suppliers and consumers in the communications industry.  For further information, please contact;

Can an aggrieved consumer sue the service provider in a court of law over a breach of contract?

Yes, But MACRA advises that this should be a last resort, Dialogue and peaceful negotiations are preferred and should be fully explored before resorting to protracted and costly litigation. MACRA offers arbitration to the aggrieved parties to facilitate an amicable resolution of differences and disputes between service providers and consumers.

Do I have to pay for the services of MACRA Consumer Affairs Unit (CAU)?

No! The services of the CAU are rendered FREE OF CHARGE. ‘So, take advantage, so that we can help you.’

How can a subscriber / consumer lodge complaint?

A complaint to MACRA can be in writing, by phone, email, fax or by personal visit. The written complaint should be summarized and must not exceed two pages; it must be readable, clear and should contain the complainant’s contacts. If you are having problems lodging complaint, our consumer affairs team is on hand to help you.

How do I file a complaint with Malawi Communications Regulatory Authority

The particulars in the complaint should include Name, Physical address, Phone number, Email address and Complaint reference number (note; service providers should provide you with a reference number whenever you make a complaint to them), as well as a brief description of the problem they are facing and its duration. Provide copies of all documents pertaining to the complaint. A brief explanation of the circumstances that led to the complaint; name of service provider, and telephone number should also be availed.

What happens when MACRA Consumer Affairs Unit receives a complaint?

The complaint is analyzed and investigated immediately. Consumer Affairs Unit (CAU) reaches out to the service provider complained against. If the CAU is satisfied that the service provider breached terms of its contract with the consumer, or acted contrary to its license obligations and regulations, the Authority shall take appropriate action without delay to get the service provider to improve the situation.

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

  1. Providing access to basic communication services to all Malawians through the use of available technologies i.e. wireless.
  2. Ensuring effective utilization with equitable access.
  3. Accommodating future needs and requirements by careful planning
  4. Harmonizing national and regional best practices with international trends
  5. 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;

  1. ITU Table of Allocation (especially for Region 1).
  2. Regional Frequency Allocation Plan (SADC region).
  3. National Frequency Band Plan.
  4. Technology Neutrality.
  5. Universal Access / Service requirements.
  6. Frequency re-farming options.
  7. Government / Security operations.
  8. Public Safety and Disaster Preparedness.
  9. 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;

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

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