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A Notification of this proposal was published on 15 September 2005

Whereas:

1. On 17 March 1999, the Secretary of State granted GC Pan European Crossing (UK) Ltd (‘GC PEC UK’) (registered company number 036187295) a licence under section 7 of the Telecommunications Act 1984 (the ‘1984 Act’) authorising GC PEC UK to run a telecommunications system (as defined in the 1984 Act) and applying the telecommunications code (as set out in Schedule 2 to the 1984 Act) to GC PEC UK;
2. By virtue of section 106 of the Communications Act 2003 (the ‘Act’), which came into force on 25 July 2003, the telecommunications code is now known as the electronic communications code (the ‘Code’), which is set out in Schedule 2 to the 1984 Act as amended by Schedule 3 to the Act;
3. By virtue of paragraph 17 of Schedule 18 to the Act, GC PEC UK is treated after 25 July 2003 as a person in whose case the Code applies by virtue of a direction (the ‘Deemed Direction’) under section 106(3) of the Act;
4. The Office of Communications (‘Ofcom’) have received an application from GC PEC UK dated 5 July 2005 for the revocation of the Deemed Direction in accordance with section 115(2) of the Act;
5. On 15 September 2005, Ofcom published a notification of their proposal to revoke the Deemed Direction by way of a further Direction under section 106 in accordance with sections 107 and 115 of the Act;
6. Ofcom did not receive any representations in relation to the proposed Direction;
7. For the reasons set out in the explanatory statement accompanying this Direction, Ofcom are satisfied that in making this Direction they have acted in accordance with their relevant duties set out in sections 3 and 4 of the Act;

NOW, therefore, pursuant to section 106 of the Act, Ofcom make the following Direction-

1. The direction applying the electronic communications code to GC PEC UK under section 106(3) of the Act by virtue of paragraph 17 of Schedule 18 to the Act shall be revoked.
2. 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.
3. The Interpretation Act 1978 shall apply as if this Direction were an Act of Parliament.
4. 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

3 November 2005

• Direction under Section 106(3) of the Communications Act 2003 revoking a direction applying the Electronic Communications Code in the case of GC Pan European Crossing (UK) Ltd [pdf]
  Full Print Version

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