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(d) whether or not the issue of such a licence is in the public interest.
Competitive
tendering
process for
radio licences
38. —(1) Where necessary to ensure efficient use of the radio frequency spectrum, and with
the prior written approval of the Minister, the Authority may prepare and issue a public
tender for a radio licence that grants exclusive rights to the use of particular radio frequencies
or to their use for a particular purpose.
(2) A tender issued under this section shall specify—
(a) the terms and conditions of the radio licence that it is proposed to issue as a result of
the tender;
(b) the qualifications that bidders must demonstrate to be eligible to enter the tender;
(c) the timetable for the tender and for subsequent radio licence award;
(d) the criteria by which the result of the tender will be determined; and
(e) any fees that may be payable at any stage by bidders participating in the tender.
(3) The Minister shall ensure that a tender held under this section is conducted in accordance
with the procedure specified in the tender.
Amendment of
radio licences
39. —(1) The Authority may modify any term or condition of a radio licence if it considers it
necessary in order to implement a frequency plan adopted by the Authority in accordance
with this Part.
(2) Before modifying any term or condition of a radio licence, the Authority shall notify the
holder of the licence and consider any representation made to it by that person regarding the
proposed modification.
(3) In respect of any radio licence issued to a person authorized to provide
telecommunication services or broadcasting services, no modification shall be made until that
person has had a reasonable opportunity to take steps necessary to ensure continuity in the
provision of the relevant services.
Monitoring
and enforcement of radio
regulations
40. —(1) The Authority shall monitor the use of radio frequencies in Malawi in order to
ensure that the terms and conditions of licences and regulations are being complied with.
(2) The Authority may make an order requiring any person to comply with regulations in
respect of—
(a) the operation of a radio station under the terms of a radio licence issued to him;
(b) the emission of electromagnet radiation from equipment of any description.
(3) The Authority may order a person to cease using apparatus or equipment of any
description which, in its opinion, is causing harmful interference with radio communications
otherwise than in accordance with the terms and conditions of the radio licence issued or a
regulation made under this Part.
(4) Any person affected by an order made by the Authority under this section may apply to
the High Court for judicial review.
41. —(1) The Authority may require a person whom it has reasonable cause to believe is a
Control of
radio stations