Telecommunications

Ofcom

NOTIFICATION UNDER SECTION 107(6) OF THE COMMUNICATIONS ACT 2003

PROPOSAL TO GIVE A DIRECTION APPLYING THE ELECTRONIC COMMUNICATIONS CODE TO INDEPENDENT FIBRE NETWORKS LIMITED

1. The Office of Communications (“Ofcom”) propose to give a direction under section 106(3) of the Communications Act 2003 (the “Act”) applying the electronic communications code (the “Code”) to Independent Fibre Networks Limited.

2. The draft Direction and accompanying explanatory statement setting out Ofcom’s reasons for the proposal are available on Ofcom’s website http://www.ofcom.org.uk. Hard copies of the draft Direction and the explanatory statement will be made available on request. For hard copies, please contact Neil Nasralla on 020 7783 4155 or by sending an email to neil.nasralla@ofcom.org.uk.

3. Representations on the proposal may be made to: Neil Nasralla, Ofcom, Riverside House, 2a Southwark Bridge Road, London SE1 9HA by not later than 5pm on 20 March 2009 .

4. All confidential information should be clearly marked as such and separated out into a confidential annex. All representations received will be published, unless it is clearly marked that the response is confidential, and made available in Ofcom’s Knowledge Centre. Please contact Jan Kacperek (jan.kacperek@ofcom.org.uk) for further information with respect to public inspection or, for responses to the draft Direction, visit Ofcom’s website (www.ofcom.org.uk).

5. In this Notification, unless the contrary intention appears, words and phrases shall have the same meaning as in the Act.

6. In this Notification, “Independent Fibre Networks Limited” means Independent Fibre Networks Limited (registered company number 5910724).

Gareth Davies

Competition Policy Director

A person authorised by Ofcom under paragraph 18 of the Schedule to the Office of Communications Act 2002

19 February 2009.