Statement: Proposal to apply Code Powers to Fibrewave Networks Limited

Statement published 9 August 2023

On 10 August 2012, Ofcom published a notification in accordance with section 107(6) of the Act of its proposal to give a direction applying the Code to the Applicant. That notification explained how, in proposing to grant the application, Ofcom had had regard, in particular, to each of the matters set out in section 107(4) of the Act and had also considered its proposal in accordance with its general duties in section 3 of the Act and the requirements in section 4 of the Act. The notification invited representations to Ofcom by no later than 5pm on 10 September 2012.

Ofcom did not receive any representations about the proposal and added the Applicant to the registered list of persons with powers under the Electronic Communications Code. The Applicant has been included on Ofcom’s published list since at least 6 January 2013 and has been treated as having Code powers throughout.

Following an audit of Ofcom’s registered list in April 2023, Ofcom has not been able to locate any direction applying Code powers to the Applicant in its records. Therefore, for the avoidance of doubt, and to ensure clarity with forward looking effect, Ofcom has decided to make this direction applying the Code to Fibrewave Networks Limited.