No. 34 25 Communications (3) There shall be appended to the report referred to in subsection (1)__ (a) an audited statement of financial position; (b) an audited statement of income and expenditure; (c) justification for retention of any sums, where applicable; and (d) such other information as the Minister may consider appropriate. PART III__REgULATION OF ELECTRONIC COMMUNICATIONS SERVICES 31.__(1) Subject to subsection (2), a person shall not provide electronic communications services except in accordance with a licence issued by the Authority. (2) Notwithstanding section 33, a frequency spectrum licence shall be required in addition to any electronic communications licence where the operation of an electronic communications network or the provision of an electronic communications service entails the use of radio frequency. (3) A person who contravenes subsection (1) commits an offence and is liable to a fine of k5,000,000 and imprisonment for five years. 32. The Authority may make rules prescribing the types and categories of electronic communications licences. 33.__(1) The Authority may, in consultation with the Minister, exempt an entity or class of entities, for a period of time, from some of the requirements and obligations relating to an individual licence or a class licence issued under this Act. Requirement of licence for provision of electronic communications services Authority to prescribe types and categories of electronic communications licences Exemptions (2) The Authority shall make rules providing for the criteria of eligibility and application process, for exemptions. (3) The Authority may, where necessary, reverse its decision made under subsection (1), and in the event of such reversal, the Authority shall provide reasonable notice to the affected entity. 34. The Authority shall not issue a licence under this Act unless the applicant for the licence is duly registered under the relevant written laws of Malawi. Licence eligibility

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