On 25 January 2011, Gigaclear Limited applied for the electronic communications code (the "Code") for the purposes of the provision by it of an electronic communications network. Gigaclear Limited provided further information to complete its application in February 2011.
This application was made in accordance with section 107(1) of the Communications Act 2003 (the "Act") and meets the requirements for any such application for a Direction applying the Code, and the manner in which such an application has to be made, as set out in the Notification published by Ofcom (by virtue of the Transitional Provisions in the Act) on 10 October 2003 under section 107(2) of the Act.
On 10 March 2011, Ofcom published a notification and draft Direction in which it proposed to give code powers to Gigaclear Limited. Ofcom did not receive any representations in relation to its proposal and therefore has published a Direction giving Code powers in this case.
In considering Gigaclear Limited's application, Ofcom has acted in accordance with its relevant duties set out in sections 3 and 4 of the Act. In particular, Ofcom has considered its duty in section 3(1)(b) "to further the interests of consumers in relevant markets, where appropriate by promoting competition" and the first Community requirement set out in section 4(3)(a) to promote competition "in relation to the provision of electronic communications networks and services".
Gigaclear Limited's application explains how they propose to provide an access network providing connections and communications services to homes, businesses and organisations and the associated short haul and long haul connections required to interconnect with other networks and systems. Gigaclear Limited intends to mainly use fibre and their own ducts but also anticipate that they may use other technologies and duct, pole and passive infrastructure from other suppliers. Gigaclear Limited intends to commence operations in the Thames Valley in 2011 and to expand to cover a large number of villages and small towns dispersed particularly in commuter belts across the United Kingdom.
Gigaclear Limited's application also explains that they intend to use experienced telecommunications project management businesses to plan and manage any network build, ensuring all contractors have in place all the necessary approvals and processes to meet the requirements of the Code.
In addition to the requirements of sections 3 and 4 of the Act, Ofcom has also had regard to its duties set out in section 107(4) of the Act. These are set out below.
