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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.
Telecommunication
regulations
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 equipment.
(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.
PART IV — RADIO SPECTRUM MANAGEMENT
Duty of the
Authority in
respect of use
of radio
frequencies
33. —(1) It shall be the duty of the Authority to regulate access to, and use of, radio
frequencies in Malawi so as to ensure the most efficient use of the radio frequency spectrum
and to protect users of radio frequencies from interference in accordance with—
(a) the National Communications Policy;
(b) the recommendations of the International Telecommunications Union; and
(c) other international agreements entered into by the Republic of Malawi.
(2) The Authority shall comply with any general directions given to it in writing by the Minister
as to the manner in which it is to carry out its duties under this Part.
Planning and
management of
the radio
spectrum
34. —(1) The Authority shall be responsible for the management of the radio frequency
spectrum and for this purpose may from time to time prepare and adopt in relation to any
part of the radio spectrum a plan which defines how the radio spectrum shall be used.
(2) Before adopting any radio spectrum plan, the Authority shall give notice in the Gazette of
its intention, publish its proposals and invite interested parties to make representations either
in writing or in person to it.
(3) Any radio spectrum plan adopted by the Authority shall—
(a) minimize congestion in the use of frequencies;
(b) provide opportunities for the introduction of the widest range of telecommunication
services and for the widest take up of such services as is practically feasible;
(c) encourage the introduction of new radio technologies;
(d) take into account existing uses of the radio spectrum and the cost of requiring any
changes by existing users; and