Ofcom

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

PROPOSAL TO GIVE A DIRECTION APPLYING THE ELECTRONIC COMMUNICATIONS CODE

PROPOSAL IN THIS NOTIFICATION

1.  Ofcom hereby proposes, in accordance with section 107(6) of the Act, to give a direction under section 106(3) of the Act applying the Code to the Applicant.

2.  The proposed direction applying the Code to the Applicant on the terms proposed is set out in the Schedule hereto.

3.  The effect of, and the reasons for, giving the proposed direction is set out in the accompanying consultation document.

Ofcom’s duties

4.  In making this proposal, Ofcom has had regard, in particular, to each of the matters set out in section 107(4) of the Act. Furthermore, Ofcom has considered and acted in accordance with its general duties in section 3 of the Act and the six Community requirements in section 4 of the Act.

Making representations

5.  Representations on this proposal may be made to: Numbering Team, Ofcom, Riverside House, 2a Southwark Bridge Road, London SE1 9HA, by no later than 5pm on 5 December 2011

Interpretation

6.  In this Notification, unless the context otherwise requires and subject to paragraph 7 below, words and expressions used in this Notification shall have the same meaning as they have been ascribed in the Act.

7.  In this Notification—

(a)  “ Act ” means the Communications Act 2003;

(b)  “ Applicant ” means CityFibre Metro Networks Limited, whose registered company number is 06586002;

(c)  “ Code ” means the electronic communications code;

(d)  “ Ofcom ” means the Office of Communications.

8.  For the purpose of interpreting this Notification—

(a)  headings and titles shall be disregarded;

(b)  the Interpretation Act 1978 shall apply as if this Notification were an Act of Parliament.

(c)  expressions cognate with those referred to in this Notification shall be construed accordingly.

9.  The Schedule hereto forms part of this Notification.

Signed

David Stewart

Competition Policy Director

A person duly authorised in accordance with paragraph 18 of the Schedule to the Office of Communications Act 2002

3 November 2011.