Proposal to apply Code Powers to CityFibre Metro Networks Limited - Statutory notification under section 107(6) of the Communications Act 2003

We are proposing to give a direction applying the electronic communications code set out in Schedule 2 to the Telecommunications Act 1984 (the Code) on terms proposed in this consultation to CityFibre Metro Networks Limited, whose registered company number is 06586002 (the Applicant). Further background about the Code (including the procedure that applies in this context) is set out in Section 2 of this document.

Our reasons for that proposal are set out in Section 3 of this document and our draft direction applying the Code to the Applicant is set out in Annex 1 to this document.

The closing date for responses is 5 December 2011 and stakeholders wishing to respond are directed to Annex 2 for information on how to respond to this consultation.

Proposed application and terms

The only purposes for which the Code may be applied in a persons case are:

• the purposes of the provision by him of an electronic communications network; or
• the purposes of the provision by him of a system of conduits which he is making available, or proposing to make available, for use by providers of electronic communications networks for the purposes of the provision by them of their networks.

Having considered the Applicants application for Code powers, we propose that the Code should have effect in its case for two purposes: firstly, the provision by the Applicant of its electronic communications network in the United Kingdom; and secondly, the provision by the Applicant in the United Kingdom of a system of conduits which the Applicant is making available, or proposing to make available, for use by providers of electronic communications networks for the purposes of the provision by them of their own networks.

According to the Applicants application, its electronic communications network comprises a metropolitan dark fibre optic cable network which is deployed in ducts underground. Individual fibre strands are then connected to apparatus installed at customer premises. Signals are then conveyed through the Applicants network providing, or with a view to provide, a variety of electronic communications services. As regards the provision of a conduit system, the Applicant explains that the ducts amount to conduits for the purposes of section 106(7) and it allows third party electronic communications network providers the right to deploy their apparatus in the Applicants conduits and the Applicant intends to continue to do so.

We consider that our proposal is appropriate having regard to the considerations set out in section 107(4) of the Communications Act 2003, which four factors are central to our impact assessment. We therefore consider that the performance of our statutory duties in sections 3 and 4 of that Act would be secured and furthered in relation to this proposal.

We will, however, consider any responses we may receive by the closing date before making our decision as whether we should give a direction applying the Code to the Applicant.