Whereas:
A. On 29 April 2010, Atlas Communications NI Limited (registered company number NI058005) made an application for the electronic communications code (the Code) for the purposes of the provision of an electronic communications network in the United Kingdom in accordance with section 107(1) of the Communications Act 2003 (the Act) and the notification published by the Director General of Telecommunications under section 107(2) of the Act on 10 October 2003 setting out the requirements with respect to the content of an application for the electronic communications code and the manner in which such an application should be made;
B. By virtue of the Transitional Provisions, references to the Director in the Notification referred to paragraph A above should be read as references to Ofcom;
C. On 18 May 2010, Ofcom published a notification of their proposal to give a direction applying the Code to Atlas Communications NI Limited in accordance with section 107 of the Act;
D. Ofcom did not receive any representations in relation to the notification and draft Direction;
E. For the reasons set out in the explanatory statement accompanying this Direction, Ofcom are satisfied that they have acted in accordance with their relevant duties set out in sections 3, 4 and 107(4) of the Act
NOW, therefore, pursuant to section 106(3) of the Act, Ofcom make the following Direction-
1. The electronic communications code shall apply to Atlas Communications NI Limited for the purposes of the provision by Atlas Communications NI Limited of an electronic communications network to have effect in the United Kingdom.
Definitions and Interpretation
2. Director General of Telecommunications means the Director General of Telecommunications appointed under section 1 of the Telecommunications Act 1984; and
3. Transitional Provisions means sections 408 and 411 of the Act, the Communications Act 2003 (Commencement No.1) Order 2003 and the Office of Communications Act 2002 (Commencement No.3) and Communications Act 2003 (Commencement No 2) Order 2003.
4. In this Direction, except in so far as the context otherwise requires, words and phrases shall have the same meaning as in the Act, headings and titles shall be disregarded and expressions cognate with those referred to in this Direction shall be construed accordingly.
5. The Interpretation Act 1978 shall apply as if this Direction were an Act of Parliament.
4. This Direction shall take effect on the day it is published.
Gareth Davies
Competition Policy Director
A person authorised by Ofcom under paragraph 18 of the Schedule to
the Office of Communications Act 2002
23 June 2010
