Own initiative investigation into In Focus about compliance with Electronic Communications Code requirements

27 July 2009

Complainant: Ofcom own-initiative investigation
Investigation against: In Focus Public Networks Ltd (In Focus)
Case opened: 3 June 2009
Case closed: 22 July 2009
Issue: Whether In Focus is compliant with the requirements of the Electronic Communications Code
Relevant instrument: The Electronic Communications Code (Conditions & Restrictions) Regulations 2003 (the Code) and in particular Regulation 16 of the Code

In Focus has submitted a certificate and supporting documents to Ofcom in compliance with its obligations under Regulation 16. Accordingly, Ofcom has now closed this investigation.

Text published when case was opened

Regulation 16 of the Code includes a requirement that Code operators who carry out works on public highways, such as installing payphones, ensure that sufficient funds are available to meet specified liabilities (to cover any costs that a local authority might incur in reinstating the street should the operator concerned cease to trade and have failed to leave the street in a fit state of repair).

On 19 February 2009 Ofcom issued a Direction under section 106(3) of the Communications Act 2003 applying the Code in the case of In Focus.

Ofcom is aware that In Focus has applied to various local authorities to install payphones, and has launched this investigation to confirm whether or not In Focus is compliant with the Code, and in particular Regulation 16 of the Code.

Case Leader : Matthew Peake (e-mail: matthew.peake@ofcom.org.uk)
Case Reference : CW/01026/05/09