Notification under Section 107(6) of the Communications Act 2003 - Virgin Media Limited

Whereas:

A. The Secretary of State granted a licence under section 7 of the Telecommunications Act 1984 (the 1984 Act) to each of the companies listed in the Addendum to this Direction authorising each company to run a telecommunications system (as defined in the 1984 Act) and applying the telecommunications code (as set out in Schedule 2 to the 1984 Act) to each of them;

B. By virtue of section 106 of the Communications Act 2003 (the Act), which came into force on 25 July 2003, the telecommunications code is now known as the electronic communications code (the Code), which is set out in Schedule 2 to the 1984 Act as amended by Schedule 3 to the Act;

C. By virtue of paragraph 17 of Schedule 18 to the Act, each company is treated after 25 July 2003 as a person in whose case the Code applies by virtue of a direction (the Deemed Directions) under section 106(3) of the Act;

D. The Office of Communications (Ofcom) received an application from Virgin Media Limited dated 1 October 2010, on behalf of each of the companies listed in the Addendum to this Direction, for the revocation of each of the Deemed Directions in accordance with section 115(2) of the Act;

E. Each company listed in the Addendum to this Direction is part of the Virgin Media Limited group of companies;

F. On 20 October 2010, Ofcom published a notification of their proposal to revoke each of the Deemed Directions by way of a further Direction under section 106 in accordance with sections 107 and 115 of the Act;

G. Ofcom received a response from Virgin Media Limited in which it explained that it needed to retain Code powers for a number of the companies listed in the draft Direction and Ofcom have therefore amended the list of companies affected to reflect Virgin Media Limiteds request;

H. Ofcom did not receive any other responses;

I. For the reasons set out in the explanatory statement accompanying this Direction, Ofcom are satisfied that in making this Direction they have acted in accordance with their relevant duties set out in sections 3 and 4 of the Act;

NOW, therefore, pursuant to section 106 of the Act, Ofcom make the following Direction-

1. Each Direction applying the electronic communications code to each company listed in the Addendum to this Direction under section 106(3) of the Act by virtue of paragraph 17 of Schedule 18 to the Act shall be revoked.

2. Except in so far as the context otherwise requires, words and phrases shall have the same meaning as in the Act, headings and titles shall be disregarded and expressions cognate with those referred to in this Direction shall be construed accordingly.

3. The Interpretation Act 1978 shall apply as if this Direction were an Act of Parliament.

4. This Direction shall take effect on the day it is published.

Gareth Davies
Director of Competition Policy

A person authorised by Ofcom under paragraph 18 of the Schedule to
the Office of Communications Act 2002

25 November 2010