On 24 January 2006, Wight Cable 2005 Ltd (“Wight Cable”) applied to Ofcom for a direction applying the electronic communications code (the “Code”).
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 the Director General of Telecommunications on 10 October 2003 under section 107(2) of the Act.
On 9 February 2006, Ofcom published a notification of its proposal to give a direction applying the Code to Wight Cable in accordance with section 107 of the Act. Representations on the proposal were invited by 13 March 2006. None were forthcoming.
In considering Wight Cable’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 services”. In this case, Wight Cable intends to install an electronic communications network which will deliver basic telephony, data, television and radio services.
Wight Cable Ltd’s assets were transferred to Wight Cable, which was a new company formed specifically to develop and operate communications services on the Isle of Wight and elsewhere, on 16 December 2005. Wight Cable intends to install additional network infrastructure to extend the reach of its current network and it considers that Code powers are needed to manage this effectively. Wight Cable also requires Code powers to maintain its present network.
Ofcom has considered the application with regard to its duties set out in section 107(4) of the Act. Its views on the matters set out therein in relation to Wight Cable’s application are set out in the document below.
