Direction under Section 106(3) of the Communications Act 2003 applying the Electronic Communications Code in the case of VSNL Telecommunications (UK) Ltd

12 May 2005

A Notification of this proposal was published on 4 April 2005

Whereas:

1. On 25 February 2005, VSNL Telecommunications (UK) Ltd made an application for 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 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 electronic communications code and the manner in which such an application is to be made;
2. On 4 April 2005 , Ofcom published a notification of their proposal to give a direction applying the Code to VSNL Telecommunications (UK) Ltd in accordance with section 107 of the Act;
3. No representations were received in relation to the proposed Direction;
4. 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 VSNL Telecommunications (UK) Ltd for the purposes of the provision by VSNL Telecommunications (UK) Ltd of an electronic communications network to have effect in the United Kingdom.

Definitions and Interpretation

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

“Act” means the Communications Act 2003;

“Code” means the electronic communications code;

“Ofcom” means the Office of Communications;

“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; and

“VSNL Telecommunications (UK) Ltd” means VSNL Telecommunications (UK) Ltd (registered company number 05272339).

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