On 15 November 2013, TIBUS (Trading as The Internet Business Limited) applied for the electronic communications code (the “Code”) for the purposes of the provision of an electronic communications network.
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 23 May 2014, Ofcom published a notification, draft Direction and explanatory statement in which it explained that it proposed to grant Code powers to TIBUS (the “Consultation”). Ofcom sought comments on its proposal by 23 June 2014 and received one response.
In considering TIBUS’ 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 set out 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”.
TIBUS is a recognised supplier of the Department of Culture and Media & Sports Superconnected Cities Voucher Scheme run by Belfast City Council and, therefore, has secured voucher funding to provide a fibre-based Ultrafast Network which can offer connection speeds of up to 10Gbps. It plans to install its Ultrafast Network in Belfast and considers that this will provide businesses in Belfast with the fastest connectivity speeds at competitive rates.
