ABSTRACT
Paragraph 9 of the New Code is headed 'Who May Confer Code Rights?', and provides: A code right in respect of land may only be conferred on an operator by an agreement between the occupier of the land and the operator. When an application is made by a prospective operator, the Office of Communications (OFCOM) is required to take into consideration few matters under s.107(4). If having considered the application OFCOM is minded to make a direction, it must first publish a notification containing the following matters prescribed by s.107(7). OFCOM was formally established as a body corporate, the Office of Communications, by s.1 of the Office of Communications Act 2002, with effect from 29 December 2003. OFCOM operates under a number of Acts of Parliament, including in particular the Communications Act 2003, but also the Wireless Telegraphy Act 2006, the Broadcasting Acts 1990 and 1996, the Digital Economy Act 2010 and the Postal Services Act 2011.
