On 22nd April 2004 Portsmouth Water Limited ('Portsmouth Water') made an application for the revocation of a direction applying the Electronic Communications Code (the 'Code') in Portsmouth Water's case. This was in accordance with section 115(2) of the Communications Act 2003 (the 'Act'). The Code is in Schedule 2 to the Telecommunications Act 1984 as amended by Schedule 3 to the Act.
In considering Portsmouth Water's application OFCOM considers that it has acted in accordance with its relevant duties set out in sections 3 and 4 of the Act, in particular the duty in section 3 of the Act to further the interests of the consumer in relevant markets, where appropriate by promoting competition, and the Community requirements to promote competition in the provision of electronic communications networks and services, and to promote the interests of all persons who are citizens of the European Union.
In addition, based on the information provided, OFCOM is of the view that Portsmouth Water can provide their electronic communications network for the purposes of the provision of their services without the application of the Code in their case.
Therefore, OFCOM considers that the direction revoking the application of the Code in Portsmouth Water's case does not have adverse effects on the interests of consumers in relevant markets and of European citizens, as it does not hinder competition in the provision of electronic communications networks and services. In particular, the direction revoking the application of the code in Portsmouth Water's case does not minimise the wide range of services available to the consumer.