IE
S.I. No. 91/1990 - Telecommunications Scheme, 1990.
Table of Provisions (114)
Statutory Text (114 Articles)
1. Connect Time Charge (For the period of connection to the INFOX facility whether at standard or cheap rates.)
4p per minute or part thereof
2. C.P.U. Time Charge (For the duration of the use of the central processor)
8p per second
3. Information Charge
Category
Per Minute or part thereof
Travel
—ABC Service
60p
—OAG
68p
Market Information
—Profile
168p
—Informat Newsfile
170p
—Wall Street Journal
138p
—Marketing Week
170p
—Euromonitor
330p
—Petroleum Monitor
240p
—Fintech (Non-Fintech Customer)
96p
—Fintech (Fintech Customer)
18p
Company Information
—Infocheck
360p
—Jordans
240p
—Kompass—with printing facility
240p (all times)
— —without printing
105p (peak)
54p (off-peak)
—I.C.C.
300p
Legal Information
—Justis
180p
Article 110
SIXTH SCHEDULE
Videoconference Service
Charges from premises of Bord Telecom Eireann
Destination
Charge Per Hour
Within the State (Total Cost)
£800
International (Irish Share of Charges Only) To Northern, Ireland, Great Britain, the Isle of Man and Channel Islands
£640
To Rest of Europe
£750
To the U.S.A.
£950
Additional Fee
Multipoint Calls
£100
Cancellation Charges
Notice of Cancellation
Charge
More than 48 hours
Nil
24 Hours to 48 hours
Half the applicable Videoconference Charge
Less than 24 hours
Full amount of the applicable Videoconference Charge.
Present when the Common Seal of Bord Telecom Éireann was affixed hereto this 30th day of March 1990
FRANK CONROY
Director.
Bernadette Roche
Bord Telecom Éireann
Merrion House, Merrion Road
Dublin 4.
Telecom Executive VI.
MICHAEL JOHNSON.
Director.
EXPLANATORY NOTE.
The purpose of the Scheme is to consolidate with amendments the provisions of all existing Regulations and Schemes relating to the services provided by Bord Telecom Éireann ( other than the Telemessage and Foreign Telegram services.)
4. Also M1030 quality
Connection Charges
£
External Irrespective of distance
Connection charges for a second or subsequent private telecommunications circuit between the same two addresses provided at the same time for the same subscriber should be at half the standard rate of Connection Charge.
200.00
Within the State or to Northern Ireland, Great Britain, The Isle of Man and the Channel Islands.
Digital
64 Kbits
2 Mbits
£
£
Connection fee (Per Local End)
1,600
7,500
Annual Subscription
Local End (Per Kilometre)
See note 1.
335
4,300
Main Link (within the State)
1 to 40 Kilometres (Per Kilometre)
150
760
Above 40 Kilometres (Per Kilometre)
3.50
55
Ireland — Northern Ireland, and
Ireland — Great Britain, Isle of
Man and Channel Islands
See note 2.
6,161
32,930
Note
5. Fixed-time Calls
One-quarter of the charge for the first three minutes.
6. Freefone Call Charge Premium
20p
7. Telecard Charge
£5 per Telecard per annum.
8. Telecard Call premium.
20p
9. Call Diversion.
Entry Charge £10
Quarterly Subscription £3
Set up Charge 22.34p
Check Charge 11.17p
10. Call Waiting
Entry Charge £10
Quarterly Subscription £3
11. Conference Calls.
Subscriber Dialled
Entry Charge £10
Quarterly Subsrciption £3
Operator Assisted: the normal rates for operator assisted calls apply together with the relevant personal call charge rate.
12. Abbreviated Calling.
Entry Charge £10
Quarterly Subscription £3
Set up Charge 11.17p
Cancel Charge 11.17p
13. Hotline Service.
Entry Charge £10
Quarterly Subscription £3
14. Call Particulars.
per one off request £4 per exchange line - per account per request (continuous) £3 per exchange line per account.
15. Surcharge for dishonoured payments
£7 per dishonoured payment.
Section II
Charges which are payable in lieu of all other charges set out in the other Parts of this Schedule.
16. If
(
a
) the subscription or any fee, charge, expense, damages or advance payment payable by a subscriber in respect of any telecommunications service to Bord Telecom Éireann under an agreement, the Acts, this Scheme or otherwise is in arrear for 21 days after the day on which it is due to be paid; or,
(
b
) a subscriber or applicant fails to render to give or to have rendered or given such security for charges as may be required under an agreement, the Acts or this Scheme on the day on which it is due to be rendered or given; or
(
c
) a subscriber is adjudged bankrupt or becomes insolvent or makes any composition or arrangement with or assignment for the benefit of his creditors, or suffers a distress or execution to be levied on any of his premises; or
(
d
) the subscriber is a company, should any meeting of its creditors be called pursuant to
Section 266
of the
Companies Act, 1963
, or, should it enter any liquidation, or have a receiver of its assets appointed, or have a provisional liquidator or administrative receiver appointed, or should a petition for its winding up be advertised or presented; or
(
e
) a subscriber fails to observe and perform any of the terms of the agreement or of any other contract or agreement whatsoever with Bord Telecom Éireann or fails to comply with any provisions of the Acts, this Scheme, or of any other statute, regulation, licence, consent, or requirement to obtain any licence or consent applicable to the subscriber;
Bord Telecom Éireann (without prejudice to any right or remedy of Bord Telecom Éireann under the agreement, the Acts or this Scheme and notwithstanding the waiver of any previous breach) may terminate at any time thereafter any or all agreements with the subscriber, by notice in writing to that effect as and from the date of such notice and may thereupon cease to provide telecommunications services to such subscriber. Bord Telecom Éireann shall also be entitled to recover from the subscriber forthwith all telecommunications lines, fixtures and accessories together with the balance of the subscription, fee, charge, expense or damages due in accordance with the terms of such agreements.
17. Bord Telecom Éireann may, in any case in which it may consider it just or reasonable so to do, remit any sum payable under an agreement, the Acts, this Scheme or otherwise.
18. (1) Bord Telecom Éireann may from time to time increase or reduce the subscription, fees or charges in respect of any tele-communications service. In the event of an increase it shall give notice of such increase. No increase under this Article shall take effect before the expiration of the period of 14 days beginning on the date of the notice relating thereto and required to be given by this Article.
(2) When any increase or reduction under this Article takes effect agreements in respect of the telecommunications service affected shall be construed as if the increased or reduced subscription, fee or charge were provided for therein.
19. Bord Telecom Éireann may, be notice in writing to a subscriber or an applicant for telecommunications service require that accounts in respect of subscriptions, fees, charges, expenses, damages, security deposits or advance payments payable or to be payable by the subscriber or applicant under an agreement, the Acts or this Scheme be discharged in such manner, by such time and by such method as Bord Telecom Éireann may designate either generally or in relation to any particular service or any particular subscriber.
20. Where
(1) a cheque is tendered to Bord Telecom Éireann in purported discharge (whether in whole or in part) or any subscription, fee, charge, expense, damages, security, advance payment or other sum properly payable by a subscriber or by an applicant for telecommunications service under the agreement, the Acts or this Scheme and is returned unpaid to Bord Telecom Éireann; or
(2) any other method of payment is used with a view to discharging wholly or in part any such subscription, fee, charge, expense, damages, security, advance payment or other sum properly payable by a subscriber or by an applicant for telecommunications service under the Agreement, the Acts or this Scheme and the use of such method of payment is for any reason dishonoured in whole or in part;
Bord Telecom Éireann may (without prejudice to any right or remedy of Bord Telecom Éireann under an agreement, the Acts, or this Scheme) charge the subscriber or applicant the additional sum (if any) specified in the appropriate Schedule to this Scheme.
21. If a subscriber wishes to dispute the amount of or basis for any subscription, fee, charge, expense, damages, security, advance payment or other sum which is demanded from him by Bord Telecom Éireann he may do so by notice in writing given to Bord Telecom Éireann within 14 days from the date on which the account in respect thereof shall have been first rendered to him by Bord Telecom Éireann and if he fails to do so within that time he shall not be entitled thereafter to dispute or challenge the amount or basis of such subscription, fee, charge, expense, damages, security, advance payment or such other sum.
22. There shall be paid by a subscriber or applicant for a telecommunications service in addition to any subscription, fee, charge, expense, damages, security, advance payment or other sum properly payable by a subscriber or by an applicant for a telecommunications service under an Agreement or this Scheme, the appropriate amount from time to time of Value Added tax or similar tax, duty or impost levied from time to time by any appropriate authority.
23. (1) Wherever under this Scheme any sum of money shall be owing to Bord Telecom Éireann by a subscriber or by any other person in respect of any telecommunications service or otherwise, the same or any part thereof may be deducted from any sum due by Bord Telecom Éireann to the subscriber or such other person or held by Bord Telecom Éireann on behalf of the subscriber or such other person.
(2) If the subscription or any fee, charge, expense or damages payable by a subscriber in respect of any telecommunications service to Bord Telecom Éireann under an Agreement, the Acts or this Scheme is in arrear for 21 days after the day on which it is due to be paid, Bord Telecom Éireann (without prejudice to any other right or remedy it may have under an agreement, the Acts or this Scheme) may charge interest upon such sum at a rate equal to the A rate for overdrafts charged for the time being by Allied Irish Banks plc calculated from the due date until the date for payment.
24. (1) Where a subscriber or applicant for telecommunications services requests Bord Telecom Éireann to supply telecommunications services to a particular premises or part of a premises, Bord Telecom Éireann shall be entited to request such subscriber or applicant to provide such evidence as Bord Telecom Éireann considers satisfactory as to the entitlement of such subscriber to occupy such premises or part of a premises.
(2) Where an application is made for telecommunications services, Bord Telecom Éireann shall be entited to request such evidence as it considers satisfactory as to
(
a
) the identity of the applicant and the subscriber or proposed subscriber;
(
b
) the authority of the applicant to seek service in the name of the subscriber or proposed subscriber; and
(
c
) any matter which Bord Telecom Éireann deems material to the credit worthiness of the applicant, subscriber or proposed subscriber.
(3) Where Bord Telecom Éireann seeks evidence under paragraphs (1) or (2) of this Article, it shall be at liberty to decline to provide telecommunications services until such evidence is furnished.
Chapter 4 — Use of telecommunications services.
25. (1) No telecommunications service shall be used:—
(
a
) for the transmission of any message or other matter which is grossly offensive or of an indecent, obscene, or menacing character whether addressed to a telecommunications exchange operator or any other person;
(
b
) for the persistent making or attempted making of calls for the purpose of causing annoyance, inconvenience or needless anxiety to any person;
(
c
) for the transmission of any message or other matter, which the sender knows to be false, for the purpose of causing annoyance, inconvenience or needless anxiety to any person;
(
d
) in any manner which, in the opinion of Bord Telecom Éireann, may adversely affect the use of any telecommunications service by other subscribers or which may adversely affect any telecommunications service as a whole; or
(
e
) otherwise than in accordance with instructions given by Bord Telecom Éireann from time to time under Article 47 (2) (
c
) of this Scheme or otherwise.
(2) Members of the public shall not be incited, encouraged or induced to call or to attempt to call simultaneously or otherwise, in the opinion of Bord Telecom Éireann, unreasonably a specified telecommunications line.
(3) Bord Telecom Éireann may suspend, without notice, all or any telecommunications services provided to, or refuse to provide such service to, any person who is the subscriber in respect of a telecommunications service used in contravention of this Article.
(4) Where Bord Telecom Éireann exercises any of its powers under this Article, it shall not be obliged to return or refund any charge or subscription in consideration of such exercise.
(5) Where Bord Telecom Éireann exercises any of its powers under this Article, such exercise shall not prejudice or affect the exercise of any other right or remedy of Bord Telecom Éireann.
(6) A subscriber shall comply with any directions given by Bord Telecom Éireann as to the manner of using any telecommunications service.
26. Nothing in this Scheme, an agreement or elsewhere shall preclude Bord Telecom Éireann from using any telecommunications line of which a subscriber may have use, for any purpose (including the provision of a telecommunications service to other persons) involving the carrying of electrical currents over such telecommunications line at frequencies different from those at which currents are carried over such line in connection with the telecommunications service provided to such subscriber.
27. If, of the calls made to a telecommunications line in any period determined by Bord Telecom Éireann, the number not completed on demand for any reason exceeds 25% of the number so completed, Bord Telecom Éireann may give to the subscriber notice in writing, accompanied by a certified record of the calls, requiring him to hire such number of additional telecommunications lines or to take such other steps as in the opinion of Bord Telecom Éireann are necessary to meet the requirements of telecommunications traffic to and from such telecommunications line and if the subscriber fails to comply with such notice within 28 days of its receipt Bord Telecom Éireann may suspend all or any telecommunications services provided to, or terminate all or any of its agreements with, the subscriber at any time thereafter by notice in writing to that effect.
28. (1) If a subscriber makes practice of allowing a telecommunications line to be used by members of the public for the transmission of messages which are not on the subscriber's business or private affairs or exhibits an invitation to members of the public so to do, the subscriber shall collect, on each occasion such telecommunications line is so used by a member of the public, a sum not less than the highest appropriate sum chargeable to a caller for a similar call made from a public telephone or telex booth as the case may be.
(2) Where a subscriber causes or permits to be connected to an exchange line a coinbox which is adjusted or set to impose upon callers call charges other than those of or specified by Bord Telecom Éireann, the subscriber shall cause to be displayed prominently at, near or on such coinbox a notice which advise callers
(
a
) that the call charges are charges other than those of or specified by Bord Telecom Éireann; and,
(
b
) of the amount of such charges.
29. Bord Telecom Éireann may, in circumstances in which it considers it advisable so to do and on the conditions determined by it, enter into agreements with two or more persons to provide telecommunications services at their respective premises by means of a common telecommunications line for all or part of the route from the said premises to the exchange with which the subscribers are connected and the provisions of this Scheme shall apply to each of the said subscribers in the same manner and to the same extent as if telecommunications service had been provided at their respective premises by means of separate telecommunications lines.
30. Nothing in an agreement, this Scheme or elsewhere shall be regarded as entitling a subscriber to carry on the business of collecting, receiving or delivering messages or other communiations transmitted by a telecommunications line or to carry on any business of like kind.
31. Bord Telecom Éireann may contract with any subscriber for the regular use of a telecommunications service at reduced rates.
32. Bord Telecom Éireann may determine the duration of any call and if a call continues for a period exceeding the duration determined by Bord Telecom Éireann, it may, if it considers it desirable in relation to the proper provision of a telecommunications service, interrupt, disconnect or interrupt and disconnect the call.
Chapter 5 — Telecommunications Lines, Fixtures and Accessories, and Subscriber Equipment.
33. (1) Bord Telecom Éireann or its agents shall, in accordance with an agreement, provide telecommunications lines and fixtures and accessories.
(2) The method of provision of telecommunications lines and fixtures and accessories shall be at the absolute discretion of Bord Telecom Éireann and a subscriber shall afford all necessary and reasonable facilities for the completion of the work and for the maintenance and continuing provision of the said telecommunications lines and fixtures and accessories.
(3) If, after acceptance of an application for a telecommunications service by Bord Telecom Éireann and after expense is incurred by Bord Telecom Éireann in providing a telecommunications line and fixtures and accessories, a subscriber should notify his desire to withdraw from the agreement before a telecommunications service on the said telecommunications line or fixtures and accessories has been given or should he refuse or neglect to afford the facilities necessary or reasonable for the completion of the work, the subscriber shall pay to Bord Telecom Éireann on demand
(
a
) a sum equivalent to the subscription for the full term or the minimum term provided under the agreement; and
(
b
) the amount of the costs and expenditure incurred by Bord Telecom Éireann in and about all works undertaken for the provision of the said telecommunications line, fixtures and accessories up to the date of the said notice of withdrawal or refusal or neglect to afford facilities as aforesaid, together with the costs and expenses of the recovery and removal of any works so completed.
34. (1) A subscriber shall grant to Bord Telecom Éireann and its duly authorised employees and agents every reasonable facility in his power for the construction, examination and maintenance of the telecommunications line and fixtures and accessories and for the examination of any subscriber equipment connected to the telecommunications line and shall permit Bord Telecom Éireann at all reasonable times to have free access to the subscriber's premises and any place in which such telecommunications line and fixtures and accessories or subscriber equipment (or any part thereof) is situated or happens to be.
(2) A subscriber shall afford every reasonable facility in his power or procurement for the construction, examination and maintenance of a telecommunications line and fixtures and accessories provided or sought to be provided by Bord Telecom Éireann to any other person.
(3) If Bord Telecom Éireann, after written notice on its behalf by any duly authorised employee or agent has been given to the subscriber, shall be unable to obtain any facility referred to in paragraph (1) or (2) of this Article or in paragraphs (2) and (3) or Article 33, Bord Telecom Éireann may, without prejudice to the terms of any relevant agreement or to the other provisions of this Scheme, either terminate all or any agreements with the subscriber at any time thereafter by notice in writing to that effect or wholly or in part suspended all or any telecommunications services provided to such subscriber until such facility is afforded. In the case of any such suspension Bord Telecom Éireann may make in respect of the restoration of such service or services the charges provided for in this Scheme.
35. A subscriber shall pay, on demand, to Bord Telecom Éireann the certified cost of repairing, renewing or replacing in stock any part of the telecommunications line and fixtures and accessories which may be stolen or lost or which may be destroyed or damaged by fire or other cause whether or not such theft, loss, destruction or damage is caused by any act or omission of the subscriber.
36. (1) Bord Telecom Éireann may, if it thinks fit and at the request and expense of a subscriber, make any alteration to the telecommunications line or fixtures and accessories (including the line or wires so far as they are within the boundaries of the subscriber's premises) or remove the telecommunications line or fixtures and accessories to other premises and the certified charge in respect of the cost of such alteration or removal shall be paid by the subscriber on demand.
(2) The terms of the relevant agreement and the provisions of this Scheme shall apply to the telecommunications line and fixtures and accessories thus altered or removed and such terms and provisions shall not be prejudiced by any total or partial interruption of telecommunications service or communication caused by such alteration or removal.
37. (1) A subscriber shall be responsible for the safety or any telecommunications lines and fixtures and accessories on the subscriber's premises of which he has the use and he shall not
(
a
) damage, alter or remove the same; or,
(
b
) without the consent in writing of Bord Telecom Éireann, connect any other telecommunications line or other fixtures and accessories or subscriber equipment to the same; or,
(
c
) obliterate any marks, words, or numbers thereon; or,
(
d
) permit any such damage, alteration, removal, connection, or obliteration.
(2) Paragraph (1) of this Article shall not operate to prevent subscribers or licenses of a competent authority for the time being duly authorised in that behalf from connecting type-approved apparatus to a connection point of a telecommunications line supplied by Bord Telecom Éireann.
(3) A subscriber shall ensure that all subscriber equipment connected to telecommunications lines provided to him is type-approved apparatus.
(4) The connection of subscriber equipment to a telecommunications line shall be effected in a manner which facilitates convenient connection to and disconnection from, the telecommunications line (and in accordance with standards laid down from time to time by Bord Telecom Éireann or other competent authority) to enable Bord Telecom Éireann to test separately the said subscriber equipment and the telecommunications line to facilitate the installation, maintenance and inspection of the telecommunications line and fixtures and accessories.
(5) Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify telecommunications lines, fixtures and accessories, exchanges and other equipment and does not guarantee that subscriber equipment (including type-approved apparatus) connected to such telecommunications line or fixtures and accessories shall continue to operate or shall continue to operate in the same manner following such alteration, replacement or modification.
(6) A subscriber shall (without prejudice to the terms of the agreement or to the provisions of this Scheme) make good on demand the certified expense to which Bord Telecom Éireann or any other person may be put (including but not limited to the expense incurred in causing employees or agents of Bord Telecom Éireann to attend at the subscriber's premises) and the certified loss and damage which Bord Telecom Éireann or such other person may suffer by reason of any breach of this Article or by reason of any defect in, failure of, or damage caused by subscriber equipment connected to a telecommunications line or fixtures and accessories of which he has the use.
(7) A subscriber shall, on being required by Bord Telecom Éireann so to do, cease to use and forthwith remove subscriber equipment which has been connected in contravention of this Article and, in the event of failure to do so, Bord Telecom Éireann may remove such subscriber equipment or cause it to be removed.
(8) For the purpose of this Article and Article 34, a telecommunications line or fixtures and accessories or subscriber equipment shall be regarded as connected to another telecommunications line or fixtures and accessories where any such first-mentioned telecommunications line or fixtures and accessories or subscriber equipment and any such second-mentioned telecommunications line or fixtures and accessories are continuously or intermittently
(
a
) attached or connected directly or indirectly by whatever means; or,
(
b
) placed or used together in electrical, telegraphic or acoustic coupling or connection; or,
(
c
) placed or used together in such a way or position that one is capable of transmitting or receiving or otherwise communicating to or from the other.
38. If a subscriber fails to give forthwith any undertaking required by Bord Telecom Éireann to pay the certified cost of alterations to any telecommunications line considered by Bord Telecom Éireann to be necessary to prevent injury to it or interference with it by electric lighting, plant or equipment use or to be used by or erected by or on behalf of him or other person, Bord Telecom Éireann may by notice in writing terminate all of any agreements with such subscriber as and from the date of the notice and he shall not be entitled to any payment of compensation from Bord Telecom Éireann except the return of so much of the subscription as has been paid in a period in advance of the date of such termination and balance of any sum paid to Bord Telecom Éireann as security for or advance payment in respect of charges in respect of telecommunications services less the value of any subscription, fees, charges, expenses or damage or other sums due by him to Bord Telecom Éireann pursuant to an agreement, the Acts, this Scheme or otherwise.
39. On the termination of an agreement a subscriber shall surrender to Bord Telecom Éireann the telecommunications line and all fixtures and accessories to which the agreement relates in as good a condition as when received, ordinary wear and tear only excepted. Bord Telecom Éireann may remove the telecommunications line and all fixtures and accessories and, for that purpose, its employees and agents shall have access at all reasonable times to the subscriber's premises and to all other premises under his control and to all other places or premises necessary for that purpose. The subscriber shall not be entitled to compensation except, subject to the agreement, a return of so much of the subscription as has been paid for a period in advance of the date of termination and the balance of any sum paid to Bord Telecom Éireann in security or advance payment in respect of such service less the value of any fees, charges, expenses or damages due to Bord Telecom Éireann under the agreement, the Acts or this Scheme or otherwise. In the event that Bord Telecom Éireann does not remove such telecommunications line and all fixtures and accessories or part thereof the subscriber shall discharge to Bord Telecom Éireann on demand a sum which in the opinion of Bord Telecom Éireann represents the monetary value of any unremoved telecommunications lines or fixtures and accessories.
Chapter 6 — Transfer
40. Where a subscriber terminates an agreement in respect of a telecommunications service and does not continue to take such telecommunications service under a new agreement he may, with the consent of Bord Telecom Éireann, transfer the telecommunications line and fixtures and accessories formerly rented by him to another occupier of the place or premises to which Bord Telecom Éireann is willing to provide service. If the unexpired term of the subscriber's former agreement exceeds one month he may be allowed a rebate of subscription due under the terms of his agreement in respect of the unexpired term in excess of one month. No rebate shall be allowed in respect of any period prior to the date on which the new subscriber accepts liability for the subscriptions, fees, charges, expenses or damages in respect of telecommunications service provided or to be provided to the new subscriber on the telecommunications line and the fixtures and accessories so transferred.
41. Where a transfer inaccordance with Article 40 of this Scheme occurs, the subscription in respect of the new subscriber may be for such minimum period and on such terms as Bord Telecom Éireann shall determine and shall be due as and from the date the new subscriber accepts liability for the subscription, fees, charges, expenses or damages in respect of the telecommunications service provided or to be provided on the telecommunications line and fixtures and accessories so transferred. Subject to the aforesaid, the subscription shall be payable in accordance with this Scheme.
Chapter 7 — General
42. (1) The records and document (including information in any form) of Bord Telecom Éireann may be created, recorded, stored, maintained, transmitted, reproduced and communicated by any electronic, photographic, computerised or other process.
(2) Where in pursuance of paragraph (1) of this Article such records or documents are created, recorded, stored, maintained, transmitted, reproduced or communicated by any electronic, photographic, computerised or other process, a document or record produced by any such process shall be admissible in evidence in any Court, tribunal or other forum.
43. (1) Any notice which may be given by Bord Telecom Éireann under an agreement, the Acts or this Scheme shall (without limiting the manner in which Bord Telecom Éireann may give such notice) be deemed to have been duly given to any person or persons generally, as the case may be
(
a
) if the notice is left at the person's premises or is sent to him by ordinary post at the address specified as his in the agreement or any other address notified by or agreed with the subscriber or any other address deemed by Bord Telecom Éireann to be reasonable in the circumstances; or
(
b
) the notice is addressed to persons generally by publication in such number of national daily newspapers published in the State as Bord Telecom Éireann shall determine.
(2) Any account which may be rendered by Bord Telecom Éireann under any agreement, the Acts or this Scheme shall (without limiting the manner in which Bord Telecom Éireann may render such account) be deemed to have been duly rendered to a subscriber if a copy of the account is left at the subscriber's premises or is sent to him by ordinary post at the address specified as his in the agreement or at any other address notified by or agreed with the subscriber or at any other address deemed by Bord Telecom Éireann to be reasonable in the circumstances.
(3) A notice or account addressed to any person may be incorporated in or associated with any other communication from Bord Telecom Éireann.
(4) Any notice or account sent to any person by ordinary post shall be deemed to have been received by him on the day that is the second postal day after the day of such posting.
44. An employee or agent of Bord Telecom Éireann, before exercising any power or duty confered or imposed by the Acts or by this Scheme, and where the exercise of such power or duty makes it necessary or desirable that he should present himself in person to a person affected by such exercise, shall, if requested by such person, produced a document of identity to such person.
45. (1) The distance between two points, for the purpose of computing a charge for the use of a telecommunications service, shall, at the absolute discretion of Bord Telecom Éireann, be measured either in a straight line in a horizontal plane or in accordance with the route taken or to be taken between the two points by the telecommunications line used or to be use or any combination of the foregoing.
(2) Every doubt, question or dispute which arises under this Article in respect of distances or other matters shall be determined by Bord Telecom Éireann.
46. Every doubt, question or dispute which arises in respect of the time of commencement, the duration or the time of termination of a call shall be decided by Bord Telecom Éireann.
47. (1) The subscriber shall have no proprietary interest in any telephone number, Freefone 1800 number, 1850 number, Freefone name, Eircell number, telex naumber, telex answer back code, Network User Identity, Network User address or any other name, code or number whatsoever allocated by Bord Telecom Éireann from time to time to a subscriber for use in connection with any telecommunications service.
(2) Bord Telecom Éireann reserves the right at its absolute discretion
(
a
) at any time, to alter or replace the exchange serving a subscriber, or to alter the subscriber's telephone number, Freefone name, Freefone 1800 number, 1850 number, Eircell number, telex number, telex answer back code, Network User Identity, Network User Address or any other name, code or number whatsoever allocated by Bord Telecom Éireann from time to time to a subscriber for use in connection with any telecommunications service;
(
b
) in the event of war or the proclamation of an emergency, to cease summarily to provide telecommunications services to a subscriber or to subscribers generally;
(
c
) without prejudice to any other provision of this Scheme, to give such instructions concerning the use of telecommunications services, telecommunications lines and fixtures and accessories as Bord Telecom Éireann decides from time to time in the interests of safety, of the quality of service, of other subscribers, or of telecommunications services as a whole or for any other reason which Bord Telecom Éireann deems sufficient and any such instructions while they are in force shall be deemed to form part of this Scheme.
(3) Should a subscriber request a change in or replacement of the telephone number, Freefone 1800 number, 1850 number, Freefone name, Eircell number, telex number, telex answer back code. Network Users Identity, Network users address or any other name, code or number whatsoever allocated by Bord Telecom Éireann, Bord Telecom Éireann may, at its absolute discretion, change or alter such name, code or number. There shall be charged to the subscriber and paid by such subscriber in respect of such changes or alteration the charge specified in the appropriate Schedule to this Scheme.
48. Bord Telecom Éireann shall not be liable for any failure on the part of Bord Telecom Éireann to perform any obligation under an agreement or this Scheme or for any failure, interrupton or delay in providing or maintaining a telecommunications service or for any injury, loss or damage suffered as a result of
(
a
) acts of God, lightning, electric voltage and current impressed on a telecommunications line by lightning or otherwise, fires, floods, storms or other catastrophies; or
(
b
) government control, restrictions or prohibitions; or
(
c
) any other act or omission of any public authority (including Government) whether local national or international; or
(
d
) the act or default or any supplier, agent or other person; or
(
e
) strikes, trade disputes, work stoppages or labour disputes or difficulties (whether or not within Bord Telecom Éireann) or
(
f
) any other cause whatsoever (whether or not SUI GENERIS) where such other cause is beyond the reasonable control of Bord Telecom Éireann.
49. (1) Without prejudice to the generality of Section 88 (1),
Postal and Telecommunications Services Act, 1983
, Bord Telecom Éireann shall not be liable for
(
a
) libel, slander or infringement of copyright or trade secrets arising from or in connection with the transmission of messages by means of telecommunications services provied by Bord Telecom Éireann;
(
b
) infringement of patents and trade secrets arising from the combination or use of a telecommunications service provide by Bord Telecom Éireann with facilities, apparatus, equipment or services of a subscriber or any other person;
(
c
) any claim arising out of any act or omission of a subscriber, his servants or agents;
(
d
) unlawful or unauthorised use of telecommunications services or telecommunications lines or fixtures and accessories of Bord Telecom Éireann;
(
e
) any claim arising out of a breach in the privacy or security of messages transmitted by means of a telecommunications service provided by Bord Telecom Éireann unless such breach results from a wilful act or omission of Bord Telecom Éireann its employees or agents;
(
f
) any claim arising in relation to the provision, maintenance or use of telecommunications lines, channels, equipment, networks or services other than those of Bord Telecom Éireann;
(
g
) any claim arising in relation to the non-availability or non-performance of a space satellite system or submarine or terrestial cable and any related facilities used for the provision of a telecommunications service;
(
h
) any claim arising out of any alteration, replacement or modification of telecommunications lines, channels, equipment, networks or services that renders any subscriber equipment obsolete or which necessitates modification or alteration of such equipment or otherwise affects the use or performance of such equipment; and
(
i
) any claim arising out of or resulting from the quality of, fitness for purpose of, compliance with description of, or compliance with sample of goods supplied by letting to a subscriber or other person by Bord Telecom Éireann under an agreement, this Scheme or otherwise unless the subscriber "deals as a consumer" (within the meaning of the
Sale of Goods and Supply of Services Act, 1980
).
(2) If any claim is made or threatened (whether by legal proceedings or otherwise) against Bord Telecom Éireann on the ground that publication by or on behalf of Bord Telecom Éireann of a directory containing a directory entry based on information furnished by or otherwise requested by subscriber, infringes the legal rights of the claimant, the subscriber shall indemnify Bord Telecom Éireann in respect of all loss and injury and all costs, fees and expenses incurred by it in respect thereof includig any damages and costs awarded by any Court and any loss or injury suffered by compliance with any injunction.
(3) Where a telecommunications service between a point in the State and a point outside the State on or making use of a space satellite system, submarine or terrestial cable system, or any other system or any combination of such systems is provided or agreed to be provided by Bord Telecom Éireann in conjunction with other telecommunications service providers, companies, undertakings or administrations or in conjunction with the owners or operators of such space satellite system, submarine or terrestial cable system or other system, then such telecommunications service providers, companies, undertakings and administrations and such owners and operators of such space satellite systems, submarine and terrestial cable systems and other systems shall, where they have reached agreement to that effect with Bord Telecom Éireann and without prejudice to any other contractual or legal rights enjoyed by them, be immune from all liability in respect of any loss or damage suffered by a subscriber or other person in the use of such telecommunications service by reason of failure or delay in providing, operating or maintaining such a service or failure, interruption, suspension or restriction of such a service.
PART III TELEPHONE SERVICE
Chapter 1 — General
50. The Articles in this Part of this Scheme apply to telephone service only but are in addition to the Article contained in Part II of this Scheme.
51. A telephone subscriber shall pay on demand to Bord Telecom Éireann for the installation, removal and rental of telephone exchange lines and fixtures and accessories specified in Part 1 of the First Schedule to this Scheme the charges specified in the said Part of the said Schedule opposite the mention of such telephone exchange lines and fixtures and accessories.
52. (1) Bord Telecom Éireann shall classify telephone exchanges into groups (in this Scheme referred to as "telephone groups") and shall determine in relation to each telephone group
(
a
) what telephone groups, if any, are to be regarded as adjacent to it; and
(
b
) the point (in this Scheme referred to as the "group centre") which is to be used for measuring distances for the purpose of charging for telephone calls.
(2) Bord Telecom Éireann shall supply to a telephone subscriber, on demand, a list of the telephone exchanges which are for the time being either in the same telephone group as the telephone exchange with which the subscriber's telephone exchange line is connected or in the telephone groups which are regarded by Bord Telecom Éireann as being adjacent to that telephone group.
53. (1) In respect of every telephone call made from a telephone exchange line to
(
a
) a telephone exchange line in the same telephone group; or,
(
b
) a telephone exchange line in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the telephone subscriber making the call; or,
(
c
) Eirpage equipment
there shall be charged to the telephone subscriber and paid by him whichever of the charges specified in paragraphs 1 and 3 of Part 2 of the First Schedule to this Scheme is appropriate to such telephone call.
(2) (
a
) In respect of every telephone call made from a coinbox exchange line rented by a telephone subscriber to
(i) a telephone exchange line in the same telephone group; or,
(ii) a telephone exchange line in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the coinbox exchange line from which the telephone call is made; or,
(iii) Eirpage equipment
there shall be charged to the telephone subscriber and paid by him whichever of the charges specified in paragraphs 2 (
a
) and 4 (
a
) of Part 2 of the First Schedule to this Scheme is appropriate to such telephone call.
(
b
) In respect of every telephone call made from a public telephone to
(i) a telephone exchange line in the same telephone group; or,
(ii) a telephone exchange line in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the public telephone from which the telephone call is made; or,
(iii) Eirpage equipment
there shall be charged to the caller and placed in the coinbox or credited to Bord Telecom Éireann in such manner as it may from time to time prescribe whichever of the charges specified in paragraphs 2 (
b
) or 4 (
b
) of Part 2 of the First Schedule to this Scheme is appropriate to such telephone call.
54. (1) In respect of every subscriber dialled trunk call made from a telephone exchange line there shall be charged to the telephone subscriber and paid by him a charge calculated in accordance with Part 3 of the First Schedule to this Scheme.
(2) In respect of every subscriber dialled trunk call made from a public telephone there shall be charged or placed in the coinbox or otherwise credited to Bord Telecom Éireann in such manner as it may from time to time prescribe (as appropriate) a sum calculated in accordance with Part 3 of the First Schedule to the Scheme.
(3) In respect of every subscriber dialled trunk call made from a coinbox exchange line rented by a telephone subscriber, there shall be charged to the telephone subscriber and paid by him a charge calculated in accordance with Part 3 of the First Schedule to this Scheme.
(4) In respect of any subscriber dialled call (including a subscriber dialled trunk call) made from a telephone exchange line rented by a telephone subscriber or made from a public telephone to Eircell equipment and to which all paragraphs (1), (2) or (3) of this Article and Part 2 and Part 3 of the First Schedule to this Scheme would apply if it had been to a telephone exchange line rented by a telephone subscriber or public telephone, the charges applicable to the said call shall nevertheless be governed by paragraphs (1), (2) and (3) of this Article and Part 3 of the First Schedule to this Scheme as if the call were to a telephone exchange line rented by a telephone subscriber or to a public telephone save that in the case of calls made between points in the State and made from points in the State to points in Northern Ireland the period of time appropriate shall in all cases irrespective of distance be that specified in respect of distances exceeding 80 kilometres.
55. (1) In respect of every trunk call (excluding subscriber dialled trunk calls) made by a telephone subscriber who rents an exchange line without a coinbox there shall be charged to the subscriber and paid by him the charge stated in Part 4 of the First Schedule to this Scheme.
(2) In respect of every trunk call (excluding subscriber dialled trunk calls) made from a coinbox exchange line rented by a telephone subscriber there shall be charged to the telephone subscriber and paid by him the charge stated in Part 5 of the First Schedule to this Scheme.
(3) In respect of every trunk call (excluding subscriber dialled trunk calls) which is made by a caller from a public telephone or coinbox exchange line rented by a subscriber there shall be placed or credited in the coinbox the appropriate charge stated in Part 5 of the First Schedule to this Scheme.
(4) In respect of every call made from a telephone exchange line rented by a telephone subscriber or a public telephone to Eircell equipment and to which call paragraphs (1), (2) or (3) of this Article and Part 4 and Part 5 of the First Schedule to this Scheme would have applied if it had been to a telephone exchange line rented by a telephone subscriber or a public telephone, the charges applicable to the said call shall nevertheless be governed by paragraphs (1), (2) and (3) of this Article as if the call were made to a telephone exchange line rented by a telephone subscriber or to a public telephone save that in the case of calls from telephone exchange lines rented by telephone subscribers in the State or public telephones in the State to Eircell equipment in the State and from telephone exchange lines rented by telephone subscribers in the State or public telephones in the State to Eircell equipment (or its equivalent in Northern Ireland) the period of time appropriate to the call shall in all cases irrespective of distance be that specified in respect of distances exceeding 80 kilometres.
Chapter 2 — Special Telephone Service
56. (1) There shall be charged and paid for a personal call the personal charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.
(2) Where a personal call is cancelled by the caller or telephone subscriber before it is connected or where a personal call is cancelled because a designated person is not available or neither the designated person nor a substitute for him is available the charge referred to in Section II of Part 6 of the First Schedule to this Scheme shall be charged and paid notwithstanding such cancellation.
57. (1) There shall be charged and paid for a fixed time call irrespective of its duration the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.
(2) Where a fixed-time call is cancelled by a caller or subscriber before it is connected, there shall be charged as a cancellation fee the sum specified in Section II of Part 6 of the First Schedule to this Scheme.
(3) Where the sum chargeable and payable under paragraph (1) or (2) of this Article includes a fraction of one penny the said sum shall be rounded down to the nearest penny and the resulting sum shall be chargeable and payable.
58. Bord Telecom Éireann may provide a telephone call or a series of telephone calls at a fixed time at a rate of charge different from the charge fixed by or under this Scheme.
59. Subject to the provisions of this Scheme, urgent calls may be charged for at the rate specified in Section II of Part 6 of the First Schedule to this Scheme.
60. There shall be charged and paid in respect of the alarm clock call service the appropriate charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.
61. There shall be charged to and paid for a call to a telephone information service the appropriate charge specified in Section II of Part 6 of the First Schedule to this Scheme.
62. (1) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Call Diversion") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may cause telephone calls to his telephone to be diverted to another telephone in the telephone group of the telephone subscriber or to a telephone in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the telephone subscriber or to such other categories of telephone as Bord Telecom Éireann may prescribe from time to time. There shall be charged to the telephone subscriber and paid by him in respect of Call Diversion the charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.
(2) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Call Waiting") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone call may be interrupted by a message signifying that another telephone call is waiting for the telephone subscriber. There shall be charged to the telephone subscriber and paid by him in respect of Call Waiting the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.
(3) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Conference Calls") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby two or more telephone subscribers or callers using separate telephones may participate in a telephone call made by the telephone subscriber. There shall be charged to the telephone subscriber and paid by him in respect of Conference Calls the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.
(4) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Abbreviated Calling") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make telephone calls to certain telephones determined by the telephone subscriber through the use of abbreviated dialling. There shall be charged to the subscriber and paid by him in respect of Abbreviated Calling the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.
(5) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Hotline Service") to telephone subscribers generally, or so such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make telephone calls to certain telephones predetermined by the telephone subscriber by lifting the handset and not dialling a number within a time determined by Bord Telecom Éireann. There shall be charged to the subscriber and paid by him in respect of Hotline Service the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.
63. Bord Telecom Éireann may supply particulars of the duration of or charge for a completed call (excluding a subscriber dialled call) or of both such duration or charge at the request of a subscriber and there shall be charged to the subscriber and paid by him in respect of each call of which such particulars are supplied the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme which is appropriate to the call.
64. (1) A reverse charge call shall not be made to a coinbox exchange line rented by a telephone subscriber or to a public telephone.
(2) In any case where a reverse charge call is made to a telephone in the State (which for the avoidance of doubt is hereby deemed to include a coinbox exchange line rented by a telephone subscriber) there shall be charged to and payable by the telephone subscriber who is the telephone subscriber in respect of the called telephone, the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme which is appropriate to the call (save any personal charge).
(3) If, notwithstanding paragraph (1) of this Article, a reverse charge call is made to a coinbox exchange line or to a public telephone, Bord Telecom Éireann may at its discretion, and notwithstanding anything contained in paragraph (2) of this Article, direct that such sums as are chargeable and payable in respect of the said call shall be chargeable and payable by the subscriber who is the subscriber in respect of the calling telephone and in case Bord Telecom Éireann so directs the aforesaid sums shall be so chargeable and payable.
(4) A person making a telephone call from a coinbox exchange line rented by a telephone subscriber or from a public telephone, or the person answering on the called telephone may, before the termination of the telephone call, request of the telephone exchange operator that the duration of the telephone call be extended for a further period beyond the period in respect of which payment was made or in respect of which Bord Telecom Éireann was credited in such manner as it may prescribe from time to time and that the charges payable in respect of the further period shall be charged to and payable by the person who is the telephone subscriber in respect of the called telephone and when such a request is made and provided that the person answering on the called telephone consents to the request when it is made by the person making the telephone call the call may be so extended as if it were a newly established reverse charge call and paragraph (2) of this Article shall apply thereto from the time of its extension.
(5) In case a reverse charge call is made from a telephone in the State, subject to paragraph (3) of this Article, no charge or charges in respect of the call (save any personal charge) shall be payable by the telephone subscriber in respect of that telephone save as provided for in paragraphs (2), (3) and (4) of this Article.
(6) In relation to any reverse charge call, consent to the establishment of such a call shall be deemed to have been given by the subscriber in respect of the called telephone upon the acceptance of such call by any person answering on the called telephone (whether or not such a person is duly authorised by the subscriber to accept such a call).
65. (1) Bord Telecom Éireann may provide facilities for a telephone subscriber to receive Freefone 1800 calls following completion by such telephone subscriber of an agreement for Freefone 1800 service. There shall be charged to and paid by the telephone subscriber to whom the Freefone 1800 service is provided the applicable charges set forth in Section III of Part 6 of the First Schedule to this Scheme.
(2) Bord Telecom Éireann may provide facilities for a telephone subscriber to receive 1850 calls following completion by such telephone subscriber of an agreement for 1850 service. In respect of 1850 calls, there shall be charged to and payable by the caller or the subscriber (as appropriate) in respect of the calling telephone whichever of the charges specified in Section 111 of Part 6 of the First Schedule to this Scheme as is appropriate to such 1850 call. There shall be charged to and paid by the telephone subscriber to whom the 1850 service is provided the applicable charges set forth in Section III of Part 6 of the First Schedule to this Scheme.
66. A telephone subscriber may be given one free entry in and one free copy of any telephone directory published by or on behalf of Bord Telecom Éireann and relating to the area in which the telephone subscriber's premises is situated and the entry may be made in such terms, manner and order as Bord Telecom Éireann thinks fit. Subject as aforesaid there shall be charged to the telephone subscriber in respect of an entry in a telephone directory published by or on behalf of Bord Telecom Éireann the charges specified in Part 8 of the First Schedule to this Scheme. Bord Telecom Éireann may, irrespective of any cost to the subscriber, stipulate in relation to any telephone subscriber any reasonable requirements in relation to the contents or form of any directory entry relating to such subscriber.
Chapter 3 — Telecards
67. (1) Bord Telecom Éireann may issue one or more Telecards to a telephone subscriber following application and payment by the telephone subscriber of the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.
(2) A Telecard shall entitle the Telecard bearer to make telecard calls.
(3) A Telecard call shall be charged to and payable by a Telecard subscriber at the standard charge rate per call together with the Telecard call premium specified in Section 1 of Part 6 of the First Schedule to this Scheme.
68. In the event of the loss or unauthorised taking of the Telecard or the unauthorised ascertainment by any person of the Telecard serial number, the Telecard subscriber shall without delay notify Bord Telecom Éireann verbally and in writing of such loss or taking.
69. Subject to this Scheme, a Telecard issued by Bord Telecom Éireann pursuant to Article 67 shall expire on the earlier of the following days, that is to say
(
a
) 31 December next following the date of issue or such other day as may be prescribed by Bord Telecom Éireann from time to time; or,
(
b
) the 28th day following the date of receipt by Bord Telecom Éireann of written notification pursuant to Article 68 of this Scheme.
70. Bord Telecom Éireann shall be entitled at its absolute discretion to waive either or both of the charges specified in Article 67 of this Scheme for such period as it shall think fit.
71. (1) Without prejudice to any other remedy available to it, Bord Telecom Éireann shall be entitled to terminate the Telecard facility on the ground that it considers that the Telecard subscriber is in breach of this Scheme or for any other ground which in the opinion of Bord Telecom Éireann warrant such termination.
(2) Immediately on termination of the Telecard facility pursuant to paragraph (1) of this Article, all Telecards issued to such Telecard subscriber shall thereupon cease to be valid.
(3) Notwithstanding paragraph (2) of this Article, Telecard calls made during a period of 28 days next following the date of termination in accordance with paragraph (1), shall continue to be charged to and payable by such subscriber at the standard rate charge per call together with the appropriate Telecard call charge premium.
72. Bord Telecom Éireann shall be entitled to issue and charge for, in accordance with Article 67, a further Telecard to a Telecard subscriber on the expiry in accordance with Article 69 of an existing Telecard issued to such Telecard subscriber unless the Telecard subscriber should give 28 days prior notice to Bord Telecom Éireann of his intention not to renew such Telecard issued to him.
73. (1) Neither a Telecard subscriber nor a Telecard bearer shall make or attempt to make a Telecard call after a Telecard has ceased to be valid.
(2) After a Telecard has ceased to be valid the Telecard subscriber shall take all practicable steps to
(
a
) ensure that Telecard bearers comply with paragraph (1); and
(
b
) recover from any Telecard bearer any Telecards issued to such Telecard subscriber by Bord Telecom Éireann.
(3) After a Telecard has ceased to be valid in accordance with this Scheme the Telecard subscriber shall return it to Bord Telecom Éireann as soon as practicable.
Chapter 4 — Eircell Service
74. This Chapter shall apply to the Eircell service in addition to the Wireless Telegraphy Acts, 1926 to 1988 and any measures replacing or amending them.
75. Where an agreement for Eircell service is concluded by Bord Telecom Éireann such agreement shall at all times be subject to the terms and conditions of any statute, regulation, licence, consent or requirement to obtain any licence or consent for the time being applicable to Bord Telecom Éireann or to the Eircell subscriber.
76. Where equipment or apparatus in connection with Eircell service is purchased or leased by the Eircell subscriber or applicant, the terms of such purchase or leasing shall not be governed by this Scheme except to the extent provided for in Article 75 of this Scheme.
77. Bord Telecom Éireann shall provide to the Eircell subscriber the Eircell service and any fixtures and accessories listed in the agreement for Eircell service in accordance with the terms of such agreement and of this Scheme but not other conditions shall be deemed to govern such provision unless agreed in writing by Bord Telecom Éireann after the execution by each party of the agreement.
78. (1) An Eircell subscriber shall pay to Bord Telecom Éireann in respect of any call or attempted call originating in Eircell equipment, charges calculated in accordance with Part 7 of the First Schedule to this Scheme.
(2) An Eircell subscriber shall pay in advance in respect of subscription for Eircell service, the sums set forth in Part 7 of the First Schedule to this Scheme as demanded in accounts issued from time to time by Bord Telecom Éireann.
(3) An Eircell subscriber shall pay to Bord Telecom Éireann on demand in respect of access to the Eircell network the access charge set out in Part 7 of the First Schedule to this Scheme.
(4) An Eircell Subscriber shall pay on demand to Bord Telecom Éireann in respect of other services and facilities ancillary to Eircell service the appropriate charges set out in Part 7 of the First Schedule to this Scheme.
79. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked at any time) of Bord Telecom Éireann, Eircell service shall not be used by or on behalf of any person other than the Eircell subscriber for whom the Eircell service is provided. The Eircell subscriber shall observe any requirements or restrictions of which Bord Telecom Éireann may from time to time notify him in writing as to the use of the service by or on behalf of another person.
80. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked at any time) of Bord Telecom Éireann, an Eircell subscriber shall not receive or permit any other person to receive any consideration either directly or indirectly in return for or on account of the use by or on behalf of any person other than the Eircell subscriber of the Eircell service provided on the application of the Eircell subscriber. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or of any other advantage of benefit of any kind or description.
81. An Eircell subscriber who fails to comply with any provisions of this Scheme or of any of the enactments, licences, consents or requirements specified in Article 75 hereof shall continue to be liable for any subscription, fee, charge, expense or damages already due or which would have become due in respect of the service to which the agreement applied.
PART IV PRIVATE TELECOMMUNICATIONS CIRCUITS
82. The Articles in this Part of this Scheme apply to private telecommunications circuits only but are in addition to the Articles contained in Part II of this Scheme.
83. A private telecommunications circuit subscriber shall pay on demand to Bord Telecom Éireann the appropriate changes specified in the Second Schedule to this Scheme.
84. Except with the written consent (which may be unconditional or subject to conditions may be amended, varied or revoked at any time) of Bord Telecom Éireann, a private telecommunications circuit shall not be used by or on behalf of any person other than the private telecommunications circuit subscribers for whom the private telecommunications circuit is provided and neither shall it be used for communication between a person or persons other than such private telecommunications subscribers.
85. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked at any time) or Bord Telecom Éireann, a private telecommunications circuit subscriber or private telecommunications subscribers shall not receive or permit any other person to receive any consideration either directly or indirectly in return for or on account of the use by or on behalf of any person of the private telecommunications circuit provided to him or them. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or of any other advantage or benefit of any kind of description.
86. Provision, maintenance and use of a private telecommunications circuit between a point in the State and a point outside the State, in so far as it involves the provision, maintenance, or use of telecommunications lines, channels, equipment, networks or services other than those of or provided by Bord Telecom Éireann, shall be in accordance with and subject to arrangements made or to be made by Bord Telecom Éireann or the applicant for a private telecommunications circuit or the private telecommunications circuit subscriber (as appropriate) with other companies, undertakers or administrations. Private telecommunications circuit subscribers shall comply in full with such arrangements.
87. Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify all or any private telecommunications circuits between points in the State and points outside the State and in particular, but without prejudice to the generality of the foregoing, it reserves the right to substitute whether temporarily or permanently
(
a
) a private telecommunications circuit using a space satellite system for a private telecommunications circuit using a submarine or terrestial cable system; and
(
b
) a private telecommunications circuit using a terrestial or submarine cable system for a private telecommunications circuit using a space satellite system.
PART VTELEX SERVICE
88. The Article in this Part of this Scheme apply to telex service only but are in addition to the Articles contained in Part II of this Scheme.
89. A telex subscriber shall pay on demand to Bord Telecom Éireann for the connection and use of a telex line and fixtures and accessories supplied by Bord Telecom Éireann the connection fee and the subscription specified in the Third Schedule to this Scheme as appropriate to the line or the fixtures and accessories so supplied.
90. (1) Subject to the provisions of this Scheme, the charge for each automatic telex call and for each telex call other than an automatic telex call made by a telex subscriber shall be the appropriate sum specified in the Third Schedule to this Scheme according to the description and duration of the call.
(2) In addition to the sums chargeable under paragraph (1) of this Article, there shall be charged and paid in respect of every telex call made by a caller from a telex booth, the telex booth charge specified in the Third Schedule to this Scheme.
(3) For the purposes of this Scheme the duration of a telex call shall be calculated from the time of the first receipt of the telex answer-back code of the called subscriber to the time when the means of communication terminates without regard to the length of time during which messages are being sent.
91. A telex subscriber may be given one free entry in and one free copy of any telex directory published by or on behalf of Bord Telecom Éireann and the entry may be made in such terms, manner and order as Bord Telecom Éireann thinks fit. Subject as aforesaid, there shall be charged to the telex subscriber in respect of an entry in a telex directory published by or on behalf of Bord Telecom Éireann the charges specified in the Third Schedule to this Scheme. Bord Telecom Éireann may, irrespective of any cost to the subscriber, stipulate in relation to any telex subscriber any reasonable requirements in relation to the contents or form of any directory entry relating to such subscriber.
92. (1) The paper and ribbons used in any teleprinter comprised in a telex installation or subscriber equipment shall be of a quality, kind of size for the time being approved by Bord Telecom Éireann.
(2) Except during such periods as Bord Telecom Éireann may otherwise permit, a telex subscriber shall at all times keep properly adjusted in any teleprinter comprised in a telex installation or sending or receiving apparatus or subscriber equipment an adequate supply of paper and ribbon in good condition or other means of message reception or storage, electronic or otherwise.
93. (1) Unless otherwise directed by Bord Telecom Éireann, a telex subscriber shall provide at his own expense in all respects a continuous supply of electricity as required by Bord Telecom Éireann for the installing and operation of the telex installation or any part thereof or sending and receiving apparatus or subscriber equipment. Such electricity shall be supplied at such point or points and by means of such wires fitted with such sockets or other means of connection and provided with such connection to earth and with such fusible cut-outs and other protective devices as Bord Telecom Éireann may from to time require.
(2) A telex subscriber shall pay the certified costs incurred by Bord Telecom Éireann of making such alterations to the telex installation or sending and receiving apparatus or subscriber equipment as it considers necessary to conform to any change made other than by Bord Telecom Éireann in the method of supplying the electricity to the said telex installation, apparatus or equipment or in the kind of electric current used.
(3) A telex subscriber shall at all times leave the electricity supply provided pursuant to paragraph (1) of this Article continuously connected to the telex installation or sending or receiving apparatus or subscriber equipment unless Bord Telecom Éireann otherwise permits.
94. At the request of a telex subscriber Bord Telecom Éireann may provide Pactex to the telex subscriber. There shall be charged to the telex subscriber and paid by him in respect of Pactex the appropriate charges specified in the Third Schedule to this Scheme.
PART VI EIRPAC SERVICE
95. The Articles in this Part of the Scheme apply to Eirpac service only but are in addition to the Articles contained in Part II of this Scheme.
96. (1) An Eirpac subscriber shall nominate an individual to provide a point of contact with Bord Telecom Éireann.
(2) An Eirpac subscriber shall be responsible for obtaining at his own expense all necessary consents from the owners or operators or computers, terminals or databases with which he wishes to communicate. Provision of service to an Eirpac subscriber does not give the Eirpac subscriber or any other person access by right to any computer, terminal or database to which access is available.
97. The charges fixed for Eirpac service are in addition to any charges in respect of telephone or other services or any telecommunications lines and fixtures and accessories rented by the subscriber from Bord Telecom Éireann for use directly or indirectly in connection with Eirpac service.
98. (1) Bord Telecom Éireann may at its discretion and where appropriate
(
a
) allocate to an Eirpac subscriber such code (called "Network User Identity") as Bord Telecom Éireann may think fit;
(
b
) at the request of an Eirpac subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Eirpac subscriber, allocate to the Eirpac subscriber for such minimum period as Bord Telecom Éireann may determine, either generally or in relation to a particular case, one or more additional Network User Identities, or withdraw from the Eirpac subscriber any additional Network User Identity so allocated. Any such request, if not made in writing, shall be confirmed in writing by the Eirpac subscriber or the person making the request (such confirmation to be received by Bord Telecom Éireann before the day upon which such allocation is requested to take effect). There shall be charged to the Eirpac subscriber and paid by him in respect of compliance by Bord Telecom Éireann with each such request the charge specified in the Fourth Schedule to this Scheme.
(2) Bord Telecom Éireann may at its discretion from time to time, at the request of an Eirpac subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Eirpac subscriber, temporarily invalidate any Network User Identity allocated to an Eirpac subscriber. Any such request, if not made in writing, shall be confirmed in writing by the Eirpac subscriber or the person making the request, such confirmation to be received by Bord Telecom Éireann within seven days of the making of such request. The subscription for any Network User Identity shall continue to be payable in respect of any period of invalidation.
(3) Bord Telecom Éireann may at its discretion and where appropriate allocate to an Eirpac subscriber from time to time such code, called Network User Address, as Bord Telecom Éireann may think fit. Bord Telecom Éireann may at its discretion alter an Eirpac subscriber's Network User Address at any time.
99. (1) An Eirpac subscriber shall pay to Bord Telecom Éireann in respect of any Eirpac call or attempted Eirpac call originating from or on equipment or apparatus under his control Eirpac call charges calculated with reference to the total charges applicable to
(
a
) the volume of data passed through and measured in units (each capable of containing sixty four characters of data including non-alphanumeric characters and spaces, and known as segments) determined and recorded by the packet switching exchange and not by reference to the volume of data originated and received by the subscriber's equipment and apparatus; and
(
b
) the duration of the Eirpac call determined and recorded by the packet switching exchange.
(2) The charges applicable to the volume and duration referred to at (
a
) and (b) respectively of paragraph (1) above are set forth in the Fourth Schedule to this Scheme. Such charges shall be calculated at the appropriate rate by reference to the charging bands set out in the said Schedule to this Scheme.
(3) An Eirpac subscriber shall pay in advance to Bord Telecom Éireann in respect of subscription for Eirpac service the appropriate sums set forth in the Fourth Schedule to this Scheme.
(4) An Eirpac subscriber shall pay to Bord Telecom Éireann in respect of connection charges the sums set forth in the Fourth Schedule to this Scheme.
(5) An Eirpac subscriber shall pay to Bord Telecom Éireann in respect of the facilities listed in the Fourth Schedule to this Scheme the sums set forth in the said Schedule.
100. (1) At the request of an Eirpac subscriber Bord Telecom Éireann may provide Pactex to the Eirpac subscriber. There shall be charged to the Eirpac subscriber and paid by him in respect of Pactex the appropriate charges specified in the Foruth Schedule to this Scheme.
(2) At the request of an Eirpac subscriber, Bord Telecom Éireann may provide an electronic mailbox (in this Scheme referred to as "Pactex Mailbox") to enable the Eirpac subscriber to receive telex messages making use of Pactex. There shall be charged to the Eirpac subscriber and paid by him in respect of a Pactex Mailbox the charges specified in the Fourth Schedule to this Scheme.
101. (1) Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann Eirpac service shall not be used by or on behalf of any person other than the Eirpac subscriber for whom such service is provided. An Eirpac subscriber shall observe any requirements or restrictions of which Bord Telecom Éireann may from time to time notify him as to the use of the service by or on behalf of another person.
(2) Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann an Eirpac subscriber shall not receive or permit any other person to receive any consideration either directly or indirectly in return for or on account of the use by or on behalf of any person other than the Eirpac subscriber of Eirpac service provided on the application of the Eirpac subscriber. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or any other advantage or benefit of any kind or description.
102. An Eirpac subscriber who fails to comply with the provisions of Articles 99, 100 or 101 of this Scheme shall continue to be liable for any subscription, fee, charge, expense or damages payable or to become payable in respect of the Eirpac service.
PART VII EIRMAIL SERVICE
103. The Articles in this Part of this Scheme apply to Eirmail service only but are in addition to the Articles contained in Part II of this Scheme.
104. (1) Every Eirmail subscriber shall be an Eirpac subscriber.
(2) An Eirmail subscriber shall be responsible for obtaining at his own expense all necessary consents from the owners or operators of computers or terminals with which he wishes to communicate. Provision of service to an Eirmail subscriber does not give the Eirmail subscriber or any other person access by right to any computer or terminal other than a facility to which he is entitled in the Eirmail service to which access is available.
(4) An Eirmail subscriber shall nominate an individual to provide a point of contact with Bord Telecom Éireann.
105. The changes fixed for Eirmail Service are in addition to any charges in respect of packet switching (including Eirpac) and telephone services, or any equipment or apparatus or other services rented or obtained by an Eirmail subscriber from Bord Telecom Éireann for use directly or indirectly in connection with Eirmail service.
106. (1) Bord Telecom Éireann may at its discretion and where appropriate
(
a
) allocate to an Eirmail subscriber such code called a Network User Identity as Bord Telecom Éireann may think fit;
(
b
) at the request of an Eirmail subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of an Eirmail subscriber, allocate to that Eirmail subscriber, for such minimum period as Bord Telecom Éireann may determine (either generally or in relation to a particular case), one or more additional Network User Identities or withdraw from that subscriber any additional Network User Identity so allocated. Any such request, if not made in writing, shall be confirmed in writing by that Eirmail subscriber or the person making the request (such confirmation to be received by Bord Telecom Éireann before the day upon which such allocation is requested shall take effect).
(2) Bord Telecom Éireann may at its discretion from time to time, at the request of an Eirmail subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of that Eirmail subscriber, temporarily invalidate any Network User Identity allocated to that Eirmail subscriber. Any such request if not made in writing shall be confirmed in writing by that Eirmail subscriber or the person making the request such confirmation to be received by Bord Telecom Éireann within seven days of the making of such request.
107. (1) An Eirmail subscriber shall pay to Bord Telecom Éireann in respect of any Eirmail call or attempted Eirmail call originating from or on equipment and apparatus under his control call charges calculated by reference to the total charges applicable to
(
a
) connect time, that is to say the duration of the call determined and recorded by the Eirmail computer; and
(
b
) filing, that is to say the volume of data stored in the Eirmail computer and measured in units (each capable of containing 2048 characters of data including non-alphanumeric characters and spaces) and the duration of such storage determined and recorded by the mail box computer; and
(
c
) mail, that is to say the volume of data passed through the Eirmail computer and conveyed or intended to be conveyed further, in whole or in part, through the Dialcom system ( other than in this case. Northern Ireland, Great Britain, the Isle of Man and the Channel Islands) measured in units (each capable of containing 1,024 or 2,048 characters of data, including non-alphanumeric characters and spaces) determined and recorded by the Eirmail computer and not by reference to the volume of data originated and received by the Eirmail subscriber's equipment and apparatus and (for the avoidance of doubt) such charge shall be in addition to those arising for connect time and filing.
(2) The charges applicable to connect time and filing and mail referred to at (
a
) (
b
) and (
c
) respectively of paragraph (1) of this Article are set forth in the Fifth Schedule to this Scheme.
(3) An Eirmail subscriber shall pay to Bord Telecom Éireann the appropriate subscription for each Network User Identity set forth in the Fifth Schedule to this Scheme.
(4) An Eirmail subscriber shall pay to Bord Telecom Éireann in respect of the connection charge for each Network User Identity the sum set forth in the Fifth Schedule to this Scheme.
(5) An Eirmail subscriber shall pay to Bord Telecom Éireann in respect of the facilities and services listed in the Fifth Schedule to this Scheme, the charges set forth in the said Schedule.
108. (1) Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann, Eirmail service shall not be used by or on behalf of any person other than the Eirmail subscriber for whom the service is provided. An Eirmail subscriber shall observe any requirements or restrictions of which Bord Telecom Éireann or any other person lawfully entitled may from time to time notify him in writing as to the use of service by or on behalf of another person.
(2) Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann, an Eirmail subscriber shall not receive or permit any other person to receive any consideration either directly or indirectly in return for or on account of the use by or on behalf of any person other than the Eirmail subscriber of Eirmail service provided on the application of the Eirmail subscriber. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or any other advantage or benefit of any kind of description.
PART VIII VIDEOCONFERENCE SERVICE
109. The Articles in this Part of this Scheme apply to videoconference service only but are in addition to the Articles contained in Part II of the Scheme.
110. (1) A videoconference subscriber shall pay on demand to Bord Telecom Éireann for the use of the videoconference service the charges specified in the Sixth Schedule to this Scheme.
(2) Where a videoconference is cancelled by a videoconference subscriber there shall be charged to the videoconference subscriber and paid by him the appropriate cancellation charge provided for in the Sixth Schedule to this Scheme.
111. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann, a videoconference service shall not be used by or on behalf of any person other than the videoconference subscribers for whom the videoconference service is provided.
112. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann, a videoconference subscriber or videoconference subscribers shall not receive or permit any other person to receive any consideration either directly or indirectly in return for or on account of the use by or on behalf of any person of the videoconference service provided to him or them. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or of any other advantage or benefit of any kind or description.
113. (1) Provision and use of a videoconference service between a point in the State and a point outside the State in so far as it involves the provision or use of telecommunications lines, channels, equipment, networks or services other than those of or provided by Bord Telecom Éireann shall be in accordance with and subject to arrangements made or to be made by Bord Telecom Éireann or the applicant for videoconference service or the videoconference subscriber (as appropriate) with other telecommunications companies, undertakings or administrations. Videoconference subscribers shall comply in full with such arrangements.
(2) Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify all or any means of transmission or reception used in the provision and use of a videoconference service between a point in the State and a point outside the State and in particular, but without prejudice to the generality of the foregoing, it reserves the right to substitute whether temporarily or permanently
(
a
) a space satellite system for a submarine or terrestial cable system; and
(
b
) a submarine or terrestial cable system for a space satellite system.
FIRST SCHEDULE
TELEPHONE SERVICE
Part 1
Installation, Removal and Rental
Article 51
Category
Installation Charges
Quarterly Subscription
Removal and other Charges
£
£
£
Exchange Lines
Exclusive Line
Business
120.00
36.08
Residence
120.00
33.30
when linework is completely in situ 3 months or less after ceasing
30.00
installation transfer
15.00
second or subsequent exchange line for coinbox in same premises as first line
Business
100.00
36.08
Residence
100.00
33.30
Auxiliary Line on indicator or separate instrument without coinbox
100.00
30.55
Temporary Line
130.00
36.08
Regular venues (see authorised list available for the time being at such places as Bord Telecom Éireann may from time to time determine)
60.00
36.08
Change of Telephone Number
16.00
Removals
External
Exchange lines
100.00
Auxiliary
100.00
Installation transferred
15.00
Where line or line and instrument are in situ
30.00
Internal
16.00
Extensions
External
within 200 metres
42.00
8.88
additional 200 metres up to 800 metres
120.00
3.33
additional 200 metres over 800 metres
120.00
4.17
second and subsequent external extensions provided to the same building for the same subscriber at the same time
up to 200 metres
26.00
over 200 metres
100.00
Internal
In parallel where switchboard is involved with intercommunicating facilities
16.00
5.83
Temporary Extensions
External
within 200 metres (minimum)
Standard
External extension rate (min. one
42.00
month)
over 200 metres
Standard external rate (min. one
100.00
month)
Internal
provision and recovery (minimum)
Standard
external rate
(min. one
16.00
month)
Removals
Internal
One end of extension
16.00
External
One end removed to within 200 metres
26.00
One end removed over 200 metres
100.00
Tie-Lines
With Exchange Facilities Internal
16.00
11.40
External
is charged at external extension rate subject to minimum rate of £55.52 per annum (800m)
13.88
Connection charge— irrespective of distance
120.00
Without Exchange Facilities
Internal
is charged at Excess Wiring rate per 100 metres or part thereof plus termination charge
16.00
per 100 metres route wiring
1.94
per switchboard termination
2.79
External
120.00
800 metres or less (minimum)
13.88
per additional 200 metres up to 16 kilometres
3.34
per additional 200 metres above 16 kilometres
1.70
Other Fixtures and Accessories
Acoustic Hood
16.00
5.54
Ampliphone
16.00
2.22
Extension Bells
Indoor type
16.00
0.84
Outdoor type
16.00
1.67
Internal and external removals (all types)
10.00
Hooter
16.00
7.77
Key and Lamp Units per unit
cost of work
9.99
cost of work
Lamp Signalling Equipment
16.00
3.61
cost of work
Meter, Subscriber's (private)
16.00
6.58
Coinboxes
Push Button Instruments
Per additional instrument
5.88
Rotary Dial Instrument
(in addition to main instrument) per instrument
16.00
3.24
Socket No. 1M (Master)
(a) When fitted on a new
Nil
installation
Nil
(b) When converting an installation to new type equipment
16.00
Nil
Socket No. 1S (Slave)
for use as extension or plug and Socket arrangement per socket
16.00
0.84
Secretarial Plinths
in conjunction with intercommunicating internal extensions
16.00
0.84
Secretarial System 2/6/2
70.00
27.49
70.00
per set
per set
per set
Switches as connecting apparatus
16.00
0.84
Watch Receivers
0.67
Alterations, Fitments, Replacements
change of instrument from wall to table type or vice versa
16.00
Connection of burglar alarm to line
16.00
Minor damage and replacement of small parts, covers, plugs, keys, generator, handles, terminal block and small parts of wiring
16.00
Part 2
Local Calls
Article 53
S.I. No. 91 of 1990.
TELECOMMUNICATIONS SCHEME, 1990.
TABLE OF CONTENTS
Page
PART I
PRELIMINARY AND GENERAL
Article
1—Citation
1
Article
2—Commencement
1
Article
3—
Interpretation Act, 1937
1
Article
4—Repeals
1
Article
5—Interpretation
3
Article
6—Existing Agreements
14
PART II
TELECOMMUNICATIONS SERVICE
Chapter 1: Scope
Article
7—Scope
15
Chapter 2: Agreements
Article
8—Agreements
15
Article
9—Assignments of Agreements
15
Chapter 3: Accounts and Payments
Article
10—Subscriptions
15
Article
11—Due Date for Payment
15
Article
12—Particulars in Accounts
16
Article
13—Security and Advance Payments
16
Article
14—Maximum Usage
16
Article
15—Suspension of Service
16
Article
16—Termination of Agreement
17
Article
17—Remission of Payments Due
18
Article
18—Alterations in Subscriptions, Fees and Charges
18
Article
19—Method of Payment of Accounts
19
Article
20—Dishonoured Cheques and Abortive Payments
19
Article
21—Disputed Accounts
20
Article
22—Value Added Tax
20
Article
23—Set-off and Interest
20
Article
24—Existence, Authority and Location
21
Chapter 4: Use of Telecommunications Services
Article
25—Prohibited Use
22
Article
26—Uses Permitted
23
Article
27—Congestion
23
Article
28—Use by Members of the Public
24
Article
29—Common Lines
24
Article
30—Business
25
Article
31—Regular Use
25
Article
32—Duration of Calls
25
Chapter 5: Telecommunications Lines, Fixtures and Accessories, and Subscriber Equipment
Article
33—Provision
25
Article
34—Facilities for Construction, Examination and Maintenance
26
Article
35—Theft, Loss and Damage
27
Article
36—Alterations and Removal
27
Article
37—Damage, Connections and Obliterations
28
Article
38—Injury or Interference by Lighting, Plant and Equipment
30
Article
39—Consequences of Termination
30
Chapter 6: Transfer
Article
40—Old Subscriber
31
Article
41—New Subscriber
32
Chapter 7: General
Article
42—Records and Documents
32
Article
43—Notice and Accounts
32
Article
44—Identification
33
Article
45—Measurement of Distance
34
Article
46—Measurement of Time
34
Article
47—Absence of Proprietary Interest
34
Article
48—Force Majeure
35
Article
49—Exclusion of Liability
36
PART III
TELEPHONE SERVICE
Chapter 1: General
Article
50—Scope
40
Article
51—Charges for Lines and Fixtures and Accessories
40
Article
52—Telephone Groups
40
Article
53—Local Calls
41
Article
54—Subscriber Dialled Trunk Calls
42
Article
55—Other Trunk Calls
43
Chapter 2: Special Telephone Services
Article
56—Personal Calls
44
Article
57—Fixed Time Calls
44
Article
58—Regular Calls
45
Article
59—Urgent Calls
45
Article
60—Alarm Clock Calls
45
Article
61—Telephone Information Service Calls
45
Article
62—Call Division, Call Waiting, Conference Calls, Abbreviated Calling and Hotline Service
45
Article
63—Particulars of Duration and Charge
47
Article
64—Reverse Charge Calls
47
Article
65—Freefone 1800 Service and 1850 Service
49
Article
66—Telephone Directories
49
Chapter 3: Telecards
Article
67—Issue of Telecards
50
Article
68—Loss or unauthorised taking
50
Article
69—Expiry of Telecards
50
Article
70—Waiver of Charges
50
Article
71—Termination of Facility
51
Article
72—Further Telecards
51
Article
73—Consequences of Invalidity
51
Chapter 4: Eircell Service
Article
74—Scope
52
Article
75—Agreements
52
Article
76—Purchase or Leasing of Equipment
52
Article
77—Provision of Service
52
Article
78—Charges
53
Article
79—Use by Third Parties
53
Article
80—Consideration for Use
53
Article
81—Infringement
54
PART IV
PRIVATE TELECOMMUNICATIONS CIRCUITS
Article
82—Scope
55
Article
83—Charges
55
Article
84—Use by Third Parties
55
Article
85—Consideration for Use
55
Article
86—International Circuits
55
Article
87—Alteration
56
PART V
TELEX SERVICE
Article
88—Scope
57
Article
89—Connection and Equipment Charges
57
Article
90—Call Charges
57
Article
91—Directory
57
Article
92—Teleprinters
58
Article
93—Electricity
58
Article
94—Pactex
59
PART VI
EIRPAC SERVICE
Article
95—Scope
60
Article
96—Contact Points and Consent
60
Article
97—Charges for other Services
60
Article
98—Network User Identity
60
Article
99—Call Charges
61
Article
100—Pactex
62
Article
101—Use by Third Parties and Consideration
63
Article
102—Infringement
63
PART VII
Article
103—Scope
65
Article
104—Contact Points and Consent
65
Article
105—Charges for other Services
65
Article
106—Network User Identity and Network User Address
65
Article
107—Call Charges
66
Article
108—Use by Third Parties and Consideration
68
PART VIII
VIDEOCONFERENCE SERVICE
Article
109—Scope
69
Article
110—Charges
69
Article
111—Use by Third Parties
69
Article
112—Consideration
69
Article
113—International Videoconference Service
70
FIRST SCHEDULE
TELEPHONE SERVICE
Part
1—Installation Removal and Rental
71
Part
2—Local Calls
76
Part
3—Subscriber
78
Dialled Trunk Calls
Part
4—Other Trunk Calls
81
(Not from Public Telephones and Coinboxes)
Part
5—Trunk Calls from Public Telephones and Coinboxes
83
Part
6—Special Telephone Service
86
Part
7—Eircell
91
Part
8—Telephone Directory Entries
93
SECOND SCHEDULE
Private Telecommunications Circuits
94
THIRD SCHEDULE
Telex Service
100
FOURTH SCHEDULE
Eirpac
105
FIFTH SCHEDULE
Eirmail
108
SIXTH SCHEDULE
Videoconference Service
111
Execution
112
Explanatory Memorandum
113
S.I. No. 91 of 1990.
TELECOMMUNICATIONS SCHEME, 1990.
BORD TELECOM ÉIREANN, in exercise of the powers conferred on it by
Section 90
of the
Postal and Telecommunications Services Act, 1983
(No. 24 of 1983), hereby makes the following Scheme
PART I PRELIMINARY AND GENERAL