Truespeed Communications Ltd. applied to Ofcom for a direction applying the Code to the Applicant.
Prior to giving a decision under section 106(3) of the Act to apply the Code to the Applicant, Ofcom must publish a notification of its proposal to give the direction and consider any representations about that proposal that are made to Ofcom within the period specified in the notification.
On 11 November 2016, Ofcom published, in accordance with section 107(6) of the Act, a notification of its proposal to give a direction applying the Code to the Applicant for the reasons set out in the consultation document accompanying that notification. That notification invited representations to Ofcom by no later than 5pm on 12 December 2016.
Ofcom did not receive any representations about its proposal. For the reasons set out in the explanatory statement accompanying this proposed Direction, Ofcom has had regard, in particular, to each of the matters set out in section 107(4) of the Act. Furthermore, Ofcom has considered and acted in accordance with its general duties in section 3 of the Act and the six Community requirements in section 4 of the Act.
Ofcom hereby directs, in accordance with section 106 of the Act, as follows:
- the Code shall apply to the Applicant for the purposes of the provision by the Applicant of:
- an electronic communications network; and
- a system of conduits which the Applicant is making available, or proposing to make available, for use by providers of electronic communications networks for the purposes of the provision by them of their networks;
- that application of the Code shall have effect throughout the United Kingdom.
This Direction shall take effect on the day it is published (19th December 2016).
