Proposal to apply Code Powers to Network Rail Infrastructure Limited

On 12 November 2014, Network Rail Infrastructure Limited applied for the electronic communications code (the “Code”) for the purposes of the provision by it of an electronic communications network and the provision by it of a system of conduits which it is making available, or proposing to make available, for use by providers of electronic communications networks for the purpose of the provision by them of their networks.

This application was made in accordance with section 107(1) of the Communications Act 2003 (the “Act”) and meets the requirements for any such application for a Direction applying the Code, and the manner in which such an application has to be made, as set out in the notification published by Ofcom (by virtue of the Transitional Provisions in the Act) on 10 October 2003 under section 107(2) of the Act.

On 21 November 2014, Ofcom published a notification, draft Direction and explanatory statement in which it explained that it proposed to grant Code powers to Network Rail Infrastructure Limited (the “Consultation”). Ofcom sought comments on its proposal by 22 December 2014 and received two responses.