On 5 May 2011, allpay Limited applied for the Code for the purposes of the provision by it of an electronic communications network in the United Kingdom.
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.
In considering allpay 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 electronic communications services".
allpay Limited's application explained that it has started to provide broadband services to communities in predominantly rural areas via wireless technology. allpay Limited's service provision targets areas that other providers have failed to effectively serve. Ofcom is therefore of the view that its proposal to give Code powers to allpay Limited is consistent with both of the above Community requirements.
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.
