S.I. No. 182/1995 - Telecommunications (Amendment) (No. 4) Scheme, 1995.

1. Connection charges

(i) Leased Line Connection Charge

Speed

Charges

64 Kb/s

£1,600

128 Kb/s

£3,000

256 Kb/s

£7,500

384 Kb/s

£7,500

512 Kb/s

£7,500

(ii) Permanent Virtual Circuit (PVC) Set-up Charge

For each PVC established on the Frame Relay Network during initial network configuration

£50

Note: Subject to a minimum charge of £100

(iii) Permanent Virtual Circuit (PVC) Re-configuration Charge

For each alteration of PVC parameter and each new PVC added to the network

£50

Note: Subject to a minimum charge of £100

2. Quarterly Rental Charges

(i) Port Rental

Port Speed

Rental Charge per Quarter

64 Kb/s

£185

128 Kb/s

£300

256 Kb/s

£530

384 Kb/s

£715

512 Kb/s

£715

(ii) Bandwidth Rental

Rental Per Quarter

8

£30

£15

16

£54

£27

32

£100

£50

48

£140

£70

64

£180

£90

96

£240

£120

128

£290

£145

192

£390

£195

256

£470

£235

384

£680

£340

512

£860

£430

Note: Frame Relay PVC bandwidth can be rented on a quarterly basis as a combination of Committed Information Rate (CIR) and/or Excess Information Rate (EIR).

(iii) Leased Line Rental

For each nominated site connected to the Frame Relay Network, the standard distance dependent leased line rental charges will apply.

PRESENT when the Common Seal of BORD TELECOM ÉIREANN was affixed

thereto this 11th day of July, 1994.

RONALD BOLGER,

Director.

GERARD BRENNAN,

Director.

EXPLANATORY NOTE.

The purpose of this Scheme is to provide for: the reduction of certain telecommunications charges; the introduction of a Frame Relay service, a Data Virtual Private Network facility, a Sure Tel facility, an Interflow facility and specified Maintenance Services; and to effect certain other modifications to the Telecommunications Scheme, 1994.

3. Data Virtual Private Network Call Charges

Pre Agreed threshold for On-Net Eirpac Calls

Per Quarter

Minimum charge (250 Mbytes)

£1,000

Each additional 50 Mbytes

£250

Note: Where an Eirpac subscriber exceeds his agreed threshold the standard Eirpac charges and Eirpac volume discount will apply to the excess Eirpac calls.

"; and

(

u

) the addition of the following Sixth Schedule thereto

"[Articles 125, 126, 127, 128, 129 and 130]

SIXTH SCHEDULE

Frame Relay Service

4. The Telecommunications Scheme, 1994 (

S.I. No. 177 of 1994

) is hereby amended by

(

a

) the insertion of the following, after the definition of "fixtures and accessories" in Article 5 (1) thereof

" "Frame Relay Service" means a point to point non-switched data service operated over permanent virtual circuits on Board Telecom Éireann's Frame Relay Network and includes, where the context so admits or requires, facilities and fixtures and accessories comprised in it;

"Frame Relay subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the purpose of providing such person with Frame Relay Service and also means a person to whom such service has been or is being provided;";

(

b

) the insertion of the following, after the definition of "local call" in Article 5 (1) thereof

"Master Plan Maintenance Service" means the maintenance service described in Article 119 of this Scheme;

"Master Plan Maintenance subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the provision to such person of the Master Plan Maintenance Service; ";

(

c

) the insertion of the following after the definition of "public telephone" in Article 5 (1) thereof

" "Rapid Plan Maintenance Service" means the maintenance service described in Article 116 of this Scheme;

"Rapid Plan Maintenance subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the provision to such person of Rapid Plan Maintenance Service; ";

(

d

) the insertion of the following, after the definition of "videoconference subscriber" in Article 5(1) thereof

" "Working Hour" means a continuous period of 60 minutes between 9.00 a.m. and 5.00 p.m. on days other than Sundays and Public Holidays.

(

e

) the substitution of the following Article 20A for Article 20A thereof

"20A (1) Bord Telecom Éireann may, where the amount otherwise due (exclusive of Value Added Tax) on a quarterly account in respect of Eligible Eirpac calls exceeds the appropriate amount specified in the Fourth Schedule to this Scheme, apply thereto a discount (hereinafter "Eirpac Volume Discount") in respect of such amounts. The Eirpac Volume Discount shall be calculated as set out in the Fourth Schedule to this Scheme. Bord Telecom Éireann may at its absolute discretion withdraw the Eirpac Volume Discount from all or any subscribers.

(2) For the purpose of this Scheme, Eligible Eirpac calls shall mean Eirpac calls other than On-Net Eirpac calls.

(3) It shall be a condition of the application of the Eirpac Volume Discount that

(i) Eligible Eirpac calls shall be made by the subscriber or by employees of the subscriber; and

(ii) accounts to which the Eirpac Volume Discount applies shall be discharged in full within 14 days or by means of direct debit mandate approved by Bord Telecom Éireann.

";

(

f

) the addition of the following paragraph (14) to Article 63 thereof

"(14) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Sure Tel facility") whereby incoming telephone calls intended by callers to terminate on particular telephone exchange lines of the subscriber are switched to different telephone exchange lines of the subscriber at a different premises of the subscriber. There shall be charged to the telephone subscriber and paid by him in respect of the Sure Tel Facility the charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

";

(

g

) the addition of the following paragraph (15) to Article 63 thereof

"(15) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Interflow facility") to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may cause incoming Freefone 1800 or 1850 calls, intended by callers to terminate on particular telephone exchanges lines of the subscriber in the State, to be switched to telephone exchange lines of the subscriber outside the State in such states or territories 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 the Interflow facility the charges specified at Section IX of Part 6 of the First Schedule to this Scheme.

";

(

h

) the insertion of the following Article after Article 106 thereof

"106A Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Data Virtual Private Network" facility) to Eirpac subscribers generally or to such groups of Eirpac subscribers as it shall determine, whereby an Eirpac subscriber may make Eirpac calls to pre-determined Eirpac numbers within the State ("On-Net Eirpac calls"). There shall charged to the Eirpac subscriber and paid by him in respect of the Data Virtual Private Network facility the charges specified in the Fourth Schedule thereto.

";

(

i

) the addition of the following Part VIII thereto

"PART VIII

MAINTENANCE SERVICES

112. The Articles in this Part of this Scheme apply to maintenance services only but are in addition to the Articles contained in Part II of this Scheme.

113. Maintenance services performed by Bord Telecom Éireann under this Scheme shall, at the sole discretion of Bord Telecom Éireann, be carried out at the subscriber's premises or at a premises of Bord Telecom Éireann or elsewhere.

114. In undertaking maintenance services under this Scheme, Bord Telecom Éireann does not assure uninterrupted operation of telecommunications lines, fixtures and accessories or subscriber equipment.

115. The maintenance services provided under this Scheme do not include service (or increased service time) necessitated by or attributable to

(

a

) work external to telecommunications lines or fixtures and accessories;

(

b

) rectifying any failure or malfunction of the telecommunications lines or fixtures and accessories caused directly or indirectly by

(i) accident, neglect, misuse or alterations to the telecommunications lines or fixtures and accessories; or

(ii) any subscriber equipment or the operation thereof otherwise than in accordance with instructions; or

(iii) adverse environmental conditions including lightning, fire, floods, storms or other catastrophes; or

(iv) electrical current fluctuations; or

(v) deliberate damage or damage resulting from reckless, negligent or careless conduct (including omission) or resulting other than by fair wear and tear or resulting from war, civil strife, commotion;

(

c

) use of telecommunications lines or fixtures and accessories or any subscriber equipment other than for the use for which they were intended or otherwise than in accordance with instructions given from time to time by Bord Telecom Éireann;

(

d

) the undertaking of work on telecommunications lines or fixtures and accessories (including moving, relocation, conversion or adaptation) by persons other than employees or agents of Bord Telecom Éireann, unless approved by Bord Telecom Éireann;

(

e

) work on subscriber equipment;

( f ) riot or civil commotion, natural disaster (including flooding, fire, wind, lightning) or act of a third party whether acting (including by omission) maliciously, negligently, carelessly or imprudently.

116. (1) Bord Telecom Éireann shall, between the hours of 9.00 a.m. and 5.00 p.m. on days other than Sundays and Public Holidays, within four working hours of the notification to a designated repair centre of Bord Telecom Éireann by Rapid Plan Maintenance subscriber of a fault in a telephone exchange line or telephone set rented from Bord Telecom Éireann and to which the Rapid Plan Maintenance Service extends, respond to such request either by causing an employee or agent of Bord Telecom Éireann to visit the appropriate premises of the Rapid Plan Maintenance subscriber, or at the discretion of Bord Telecom Éireann, by causing the telephone exchange line or telephone set to be tested at a location other than such premises.

(2) Bord Telecom Éireann shall thereafter use reasonable endeavours to locate and repair such fault as soon as possible.

117. A Rapid Plan Maintenance subscriber shall pay on demand to Bord Telecom Éireann, in respect of Rapid Plan Maintenance Service, the charges specified in Part 9 of the First Schedule to this Scheme.

118. (1) Where loss is caused to a Rapid Plan Maintenance subscriber solely by failure on the part of Bord Telecom Éireann to discharge its obligations pursuant to Article 116 (1) of this Scheme, Bord Telecom Éireann shall provide an appropriate credit on the account of such subscriber, provided however that in no circumstances shall the credit afforded in respect of any such failure exceed the amount specified in Part 9 of the First Schedule to this Scheme.

(2) The provision of such credit shall discharge the entire liability of Bord Telecom Éireann in respect of such loss and failure.

119. (1) Bord Telecom Éireann shall, within four hours of notification to a designated repair centre of Bord Telecom Éireann by a Master Plan Maintenance subscriber of a fault in a telephone exchange line or telephone set rented from Bord Telecom Éireann and to which the Master Plan Maintenance Service extends, respond to such a request either by causing an employee or agent of Bord Telecom Éireann to visit the appropriate premises of the Master Plan Maintenance subscriber or, at the discretion of Bord Telecom Éireann, by causing the telephone exchange line or telephone set to be tested at a location other than such premises.

(2) Bord Telecom Éireann shall thereafter use reasonable endeavours to locate and to repair such fault as soon as possible.

120. A Master Plan Maintenance subscriber shall pay on demand to Bord Telecom Éireann in respect of Master Plan Maintenance Service the charges specified in Part 9 of the First Schedule to this Scheme.

121. (1) Where loss is caused to a Master Plan Maintenance subscriber solely by failure on the part of Bord Telecom Éireann to discharge its obligations pursuant to Article 119 (1) of this Scheme, Bord Telecom Éireann shall provide an appropriate credit on the account of such subscriber, provided however that in no circumstances shall the credit afforded in respect of any such failure exceed the amount specified in Part 9 of the First Schedule to this Scheme.

(2) The provision of such credit shall discharge the entire liability of Bord Telecom Éireann in respect of such loss and failure.

(

j

) the addition of the following Part IX thereto

PART IX

FRAME RELAY SERVICE

122. The Articles in this Part of the Scheme apply to Frame Relay Service only but are in addition to the Articles contained in Part II and Part IV of this Scheme.

123. The charges for Frame Relay Service are in addition to any charges in respect of telephone or other services or any telecommunications lines (including leased lines) or fixtures and accessories rented by the subscriber from Bord Telecom Éireann for use directly or indirectly in connection with Frame Relay Service.

124. A Frame Relay subscriber shall nominate sites within the State between which a permanent virtual circuit is to be established and the Frame Relay Service is to operate.

125. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of each nominated site directly connected to the Frame Relay Service the appropriate leased line connection charges as set out in the Second Schedule hereto.

126. For each nominated site connected to the Frame Relay Service the Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand the appropriate leased line distance dependent rental fees from the nominated site to the nearest Frame Relay node as set out in the Second Schedule hereto.

127. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of each permanent virtual circuit established on Bord Telecom Éireann's Frame Relay network the sums set out in the Sixth Schedule hereto.

128. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of re-configuration of each permanent virtual circuit the sums set out in the Sixth Schedule hereto.

129. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of each port rental the sums set out in the Sixth Schedule hereto.

130. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of bandwidth rental the charges set out in the Sixth Schedule hereto.

";

(

k

) the substitution of the following Section 1 (ii) of Part 3 of the First Schedule for Section 1 (ii) of Part 3 of the First Schedule thereto

"

Description of Call

Standard Rate

Reduced Rate

Weekend Rate

Exceeds 56 Kms

28.5 seconds

42.8 seconds

600 seconds

";

(

l

) the addition of the following Section 1 (iii) to Part 3 of the First Schedule thereto

"

Description of Call

Standard Rate

Reduced Rate

Weekend Rate

Exceeds 56 Kms from metered exchanges.

25 seconds

37.5 seconds

600 seconds

";

(

m

) the substitution of the following section 3 (i) of Part 3 of the First Schedule for section 3 (i) of Part 3 of the First schedule thereto

"3 (i)

Inmarsat A, B, M

1.50 seconds

Skyphone Mobile Telephony System

1.00 second

";

(

n

) the substitution of the following section 3 (i) of Part 3A of the First Schedule for section 3 (i) of Part 3A of the First Schedule thereto

"3 (i)

Inmarsat A, B, M

1.50 seconds

Skyphone Mobile Telephony System

1.00 second

";

(

o

) the substitution of the following section 3 (i) of Section VI of Part 6 of the First Schedule for section 3 (i) of Section VI of Part 6 of the First schedule thereto

"3 (i)

Inmarsat A, B, M

1.50 seconds

Skyphone Mobile Telephony System

1.00 second

";

(

p

) the addition of the following paragraph 15 to Section 1 of Part 6 of the First Schedule thereto

"15

SureTel

£

Annual Charge (per subscribers premises)

600.00

Set-up Charge (per subscribers premises)

150.00

";

(

q

) the addition of the following Section IX to Part 6 of the First Schedule thereto

"Section IX

Charges in respect of the Interflow Facility.

Set-Up Tariffs

Monthly Rental

£100.00

Connection Fee (per Freefone Number)

£50.00

Annual Rental (per Freefone Number)

£200.00

Alteration to Existing Freefone Numbers

£50.00

Usage Tariffs

USA (AT&T) to Ireland Traffic Fee per Minute

£0.39

";

(

r

) the addition of the following Part 9 to the First Schedule thereto

"PART 9

A. Charges

S.I. No. 182 of 1995.

TELECOMMUNICATIONS (AMENDMENT) (NO. 4) SCHEME, 1995.

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