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1. By virtue of paragraph 17 of Schedule 18 to the Communications Act 2003 (the ‘Act’) O2 Third Generation Ltd (registered company number 03900219 ) is treated after 25 July 2003 as a person in whose case the Electronic Communications Code (the ‘Code’) applies by virtue of a direction (the ‘Deemed Direction’) under section 106(3) of the Act.
2. In accordance with section 115 of the Act, the Office of Communications (‘Ofcom’) propose to revoke the Deemed Direction by way of a further direction (the ‘Draft Direction’) under section 106 of the Act, following an application for such revocation by O2 Third Generation Ltd.
3. Hard copies of the draft Direction and the explanatory statement will be made available on request. For hard copies, please contact Michael Galvin on 020 7783 4158 or by sending an email to michael.galvin@ofcom.org.uk.
4. Representations on the Draft Direction may be made to: Michael Galvin, Ofcom, Riverside House, 2a Southwark Bridge Road, London SE1 9HA by not later than 5pm on 14 October 2005.
5. 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).
6. In this Notification, unless the contrary intention appears, words and phrases shall have the same meaning as in the Act.

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

15 September 2005

• Notification under Section 107(6) of the Communications Act 2003 - Proposal to revoke a direction applying the Electronic Communications Code to O2 Third Generation Ltd [pdf]
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