Direction under Section 106(3) of the Communications Act 2003 applying the Electronic Communications Code in the case of GeneSYS Telecommunications Limited

12 May 2005

A Notification of this proposal was published on 7 April 2005

Whereas:

1. On 25 February 2005, GeneSYS Telecommunications Limited made an application for the Code for the purposes of the provision by it of a system of conduits in the United Kingdom which GeneSYS Telecommunications Limited 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;
2. GeneSYS Telecommunications Limited made the above-mentioned application in accordance with section 107(1) of the Act and the notification published by Ofcom by virtue of the Transitional Provisions under section 107(2) of the Act on 10 October 2003 setting out their requirements with respect to the content of an application for the Code and the manner in which such an application is to be made;
3. On 7 April 2005 , Ofcom published a notification of their proposal to give a direction applying the Code to GeneSYS Telecommunications Limited in accordance with section 107 of the Act;
4. No representations were received in relation to the proposed Direction;
5. 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 Code shall apply to GeneSYS Telecommunications Limited for the purposes of the provision by it of a system of conduits in the United Kingdom which GeneSYS Telecommunications Limited 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.

Definitions and Interpretation

2. In this Direction, unless the contrary intention appears-

“Act” means the Communications Act 2003;

“Code” means the electronic communications code;

“GeneSYS Telecommunications Limited” means GeneSYS Telecommunications Limited (registered company number 05295532);

“Ofcom” means the Office of Communications; and

“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.

3. 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.

4. The Interpretation Act 1978 shall apply as if this Direction were an Act of Parliament.

5. This Direction shall take effect on the day it is published.

Stephen Unger

Director of Telecoms Technology, Competition and Markets

A person authorised by Ofcom under paragraph 18 of the Schedule to

the Office of Communications Act 2002

 

12 May 2005