A statement dated
"It is important to note that any attempt by Multichoice Malawi to implement tariff changes or adjustments during this period will be a violation of the court order and could result in legal consequences.
"Therefore, the DSTV tariffs will remain unchanged until the conclusion of the matter."
Suleman emphasized that MACRA is "dedicated to creating a fair and transparent regulatory environment for all stakeholders in the communications sector".
The issue of tariff adjustment is long standing as earlier this year, MACRA Board fined MultiChoice Malawi for effecting DStv tariff increase without its approval after the
MultiChoice Malawi was fined K10 million and also ordered to refund customers of the difference of the increased DStv tariff it effected in July without prior approval from the regulator.
But MultiChoice Malawi rejected the orders from the regulator, arguing that it is being penalized for a DStv service which is owned and managed by
The response from Corporate Affairs Manager,
"MACRA is, therefore, penalizing MultiChoice Malawi for a service that is not ours, for prices we do not set and attempting to impose conditions which the law does not prescribe."
When notifying MACRA of their subscription fee increase effective
"We are also alive to the separate on-going settlement discussions on the proceedings, on which we remain hopeful that the parties may still reach consensus.
"As part of the settlement discussions, we agreed in
"We therefore humbly request that the Authority respond to our proposal at its earliest convenience to provide clarity on the way forward."
Further, in considering the matters raised, and pending conclusion of the proceedings or settlement discussions, following the meeting in
In January, in the public notice that Suleman released said MultiChoice Malawi breached section 74(1) of the Communications Act (Cap. 68:01 of the Laws of
The regulator engaged MultiChoice Malawi on
Thus ordered sanctions that "MultiChoice Malawi should credit its customers per bouquet the difference between the pre-adjustment price for its bouquet and the actual implemented price for the whole period the unapproved tariffs have been in force".
This was in pursuant to section 195(2)(a) of the Communications Act and that "the refunds shall cover the period from the date of effecting the purported tariff adjustment (
MultiChoice Malawi was also been ordered to "submit its subscriber database to the Authority and publish a notice in the press stating that customers have been credited with the difference between the unapproved tariff and the ore-adjustment tariff pursuant to section 195(2)(g) of the Communications Act".
MultiChoice Malawi was also ordered to cease and desist from implementing the unapproved tariffs pursuant to section 195(2)(a) and (g) as read with section 173(2)(b) of the Communications Act.
In the same vein, MACRA advised all operators in the ICT sector "to desist from effecting new tariffs without prior approval from the Authority to avoid breaching provisions of the Communications Act and respective licence terms and conditions".
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