S.I. No. 249/1993:

TELECOMMUNICATIONS (AMENDMENT) (NO. 4) SCHEME, 1993.

TELECOMMUNICATIONS (AMENDMENT) (NO. 4) SCHEME, 1993.

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:

1. This Scheme may be cited as the Telecommunications (Amendment) (No. 4) Scheme, 1993.

2. The collective citation "the Telecommunications Schemes, 1992 and 1993" includes this Scheme.

3. This Scheme shall come into operation on 1 September 1993.

4. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

5. The Minister for Transport, Energy and Communications, pursuant to Section 90 (2) of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), has concurred in the increase of charges effected by this Scheme.

6. The Telecommunications Scheme, 1992, ( S.I. No. 19 of 1992 ) is hereby amended by:

( a ) the insertion of the following definitions after the definition of "certified" in Article 5 (1);

"'Chargecard' means a card issued to a Chargecard subscriber by Bord Telecom Éireann bearing serial numbers allotted to such subscriber and entitling the Chargecard bearer to make a chargecard call;

'Chargecard bearer' means a person who, whether or not he has the authority of the Chargecard subscriber, is for the time being in possession of a Chargecard and includes the Chargecard subscriber or a person who has knowledge of the Chargecard serial numbers, whether or not so authorised;

'Chargecard call' means any telephone call (other than a call of a type not for the time being permitted by Bord Telecom Éireann) whether authorised by the Chargecard subscriber or not, made by a Chargecard bearer, where the Chargecard bearer cites or makes use of the Chargecard serial numbers for the purpose of making the call:

'Chargecard subscriber' means a telephone subscriber to whom a Chargecard has been issued pursuant to Article 81A of this Scheme;"

( b ) the substitution of the following definition for the definition of "internal extension" in Article 5 (1):

" 'internal extension' means an extension line wholly within or intended to be wholly within a single building of a subscriber and by means of which two points within such building are connected or intended to be connected for the purpose of conveying telecommunications messages."

( c ) the revocation of Article 28 (1);

( d ) the addition of the following paragraphs to Article 62 thereof:

"(9) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Ireland Direct facility") whereby a telephone subscriber outside the State, in a state or territory in which the Ireland Direct facility is available, may, by dialling an appropriate Freephone number, makes a reverse charge call, a Telecard call or a Chargecard call to the State. There shall be charged to the telephone subscriber and paid by him in respect of the Ireland Direct facility the charge specified in Section I of Part 6 of the First Schedule to this Scheme.

(10) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Third Country Calling facility") whereby a Chargecard bearer, outside the State, in a state or territory in which the Third Country Calling facility is available, may, by dialling an appropriate Freephone number, make a Chargecard call to a state or territory other than the State. There shall be charged to the Chargecard subscriber and paid by him in respect of the Third Country Calling facility the charges specified in Section VI of Part 6 of the First Schedule to this Scheme.

(11) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "International Virtual Private Network" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make international telephone calls to predetermined telephones ("ON-NET calls") or to other telephones ("OFF-NET calls"). There shall be charged to the telephone subscriber and paid by him in respect of the International Virtual Private Network facility the charges specified in Section IV of Part 6 of the First Schedule to this scheme.

(12) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Switched Digital International" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make international telephone calls over end to end digital (64kbit per second) transmission paths. There shall be charged to the telephone subscriber and paid by him in respect of the Switched Digital International facility The charges specified in Section V of Part 6 of the First Schedule to this Scheme."

( e ) the substitution of the following for Article 67 (3) thereof:

"(3) a Telecard call shall be charged to and payable by a Telecard subscriber at the appropriate rate specified in Part 4 of the First Schedule to this scheme".

( f ) the addition of the following "Chapter 5 --- Chargecards" after "Chapter 4 --- Eircell Service" therein:

"CHAPTER 5 -- CHARGE CARDS

81A(1) Bord Telecom Éireann may issue one or more Chargecards to a telephone subscriber following application by the telephone subscriber.

(2) A Chargecard shall entitle the Chargecard bearer to make Chargecard calls.

(3) A Chargecard call shall be charged to and payable by a Chargecard subscriber at the charge rate per call together with the Chargecard call premium specified in Section VI of Part 6 of the First Schedule to this Scheme.

81B In the event of the loss or unauthorised taking of the Chargecard or the unauthorised ascertainment by any person of the Chargecard serial number, the Chargecard subscriber shall, without delay, notify Bord Telecom Éireann verbally and in writing of such loss taking or ascertainment.

81C Subject to this Scheme, a Chargecard issued by Bord Telecom Éireann pursuant to Article 81A 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 81B of this Scheme.

81D Bord Telecom Éireann shall be entitled, at its absolute discretion, to waive the charges specified in Article 81A of this Scheme for such period as it shall think fit.

81E (1) Without prejudice to any other remedy available to it, Bord Telecom Éireann shall be entitled to terminate the Chargecard facility on the ground that it considers that the Chargecard subscriber is in breach of this Scheme or for any other ground which in the opinion of Bord Telecom Éireann warrants such termination.

(2) Immediately on termination of the Chargecard facility pursuant to paragraph (1) of this Article, all Chargecards issued to such Chargecard subscriber shall thereupon cease to be valid.

(3) Notwithstanding paragraph (2) of this Article, Chargecard 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 Chargecard call charge premium.

81F Bord Telecom Éireann shall be entitled to issue and charge for, in accordance with Article 81A, a further Chargecard to a Chargecard subscriber on the expiry in accordance with Article 81C of an existing Chargecard issued to such Chargecard subscriber unless the Chargecard subscriber should give 28 days prior notice to Bord Telecom Éireann of his intention not to renew such Chargecard issued to him.

81G (1) Neither a Chargecard subscriber nor a Chargecard bearer shall make or attempt to make a Chargecard call after a Chargecard has ceased to be valid.

(2) After a Chargecard has ceased to be valid the Chargecard subscriber shall take all practicable steps to:

( a ) ensure that Chargecard bearers comply with paragraph (1); and

( b ) recover from any Chargecard bearer any Chargecard issued to such Chargecard subscriber by Bord Telecom Éireann.

(3) After a Chargecard has ceased to be valid in accordance with this Scheme, the Chargecard subscriber shall return it to Bord Telecom Éireann as soon as practicable."

( g ) the revocation of Article 84 and Article 85 thereof; and

( h ) the substitution of the following Article for Article 87:

"87. Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify all or any private telecommunications circuits 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 cable system, terrestrial cable system or a terrestrial radio system; and

( b ) a private telecommunications circuit using a terrestrial or submarine cable system for a private telecommunications circuit using a space satellite system or terrestrial radio system.

( c ) a private telecommunications circuit using a terrestrial radio system for a private telecommunications circuit using a submarine cable system, terrestrial cable system or space satellite system."

(i) the substitution of the following for Article 107 (2) thereof:

"(2) Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify all or any means of transmission of reception used in the provision and use of a videoconference service and in particular, but without prejudice to the generality of the foregoing, its reserves the right to substitute whether temporarily or permanently:

( a ) a space satellite system for a submarine or terrestrial cable system or terrestrial radio system; and

( b ) a submarine or terrestrial cable system for a space satellite system or terrestrial radio system

( c ) a terrestrial radio system for a submarine or terrestrial cable system or space satellite system."; and,

( j ) the substitution of the following for the First Schedule thereto:

"FIRST SCHEDULE

TELEPHONE SERVICE

PART 1

Installation, Removal and Rental

Article 51

PART 2

Local Calls

Article 53

Charges for Subscriber Dialled Local Calls

TABLE

(Subscriber Dialled Local Calls)

Standard Rate:

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. on normal working days from Monday to Friday (inclusive).

Reduced Rate:

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. and before 8 a.m. from Monday to Friday (inclusive);

(ii) all day on Saturday, Sunday and Public Holidays; and

(iii) such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers.

Charges for Local Calls

(other than Subscriber Dialled Local Calls)

TABLE

(Operator Assisted Local Calls)

Standard Rate:

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. on normal working days from Monday to Friday (inclusive).

Reduced Rate:

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. and before 8 a.m. from Monday to Friday (inclusive);

(ii) all day on Saturday, Sunday and Public Holidays; and

(iii) such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers.

Charges for Callcards

The charge in respect of Callcards, for use in cardphones, shall be as follows:

PART 3

Subscriber Dialled Trunk Calls

Article 54

TABLE

Standard Rate:

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. (8 p.m. for calls to Eircell equipment) on normal working days from Monday to Friday (inclusive).

Reduced Rate:

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. (8 p.m. for calls to Eircell equipment) and before 8 a.m. from Monday to Friday (inclusive) for calls described in paragraph 1 of the Table; and

(ii) all day on Saturday, Sunday and Public Holidays for calls described in Paragraph 1 (iii) of the Table;

Weekend Rate:

The weekend rate applies to calls described in Paragraph 1 (i) and Paragraph 1 (ii) of the Table made as follows:

(i) calls made on Saturdays, Sundays and Public Holidays; and

(ii) such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers.

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

Charges for Callcards

1. The charge in respect of Callcards, for use in Cardphones, shall be as follows:

PART 4

Article 55

Trunk calls (other than subscriber dialled trunk calls) from exchange lines without coinbox

Standard Rate:

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. on normal working days from Monday to Friday (inclusive).

Reduced Rate:

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. and before 8 a.m. from Monday to Friday (inclusive);

(ii) all day on Saturday, Sunday and Public Holidays; and

(iii) such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers.

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

PART 5

Article 55

Trunk calls (other than subscriber dialled trunk calls) from a public telephone or from a coinbox exchange line from which subscriber dialled trunk calls can be made

In respect of every call made by a caller from a public telephone or from a coinbox exchange line from which subscriber dialled trunk calls can be made, there shall be charged and paid, placed in the coinbox or otherwise credited to Bord Telecom Éireann the charges as stated in the Table below.

TABLE

Standard Rate:

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. on normal working days from Monday to Friday (inclusive).

Reduced Rate:

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. and before 8 a.m. from Monday to Friday (inclusive);

(ii) all day on Saturday, Sunday and Public Holidays; and

(iii) such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national daily morning newspapers.

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

Article 55

Trunk Calls (other than subscriber dialled trunk calls) from a public telephone or from a coinbox exchange line, from which subscriber dialled trunk calls cannot be made

In respect of every call:

( a ) made by a subscriber who rents an exchange line with a coinbox from which subscriber dialled trunk calls cannot be made there shall be charged to the subscriber and paid by him the charges stated in the Table below less 1p except for calls covered by paragraph 4 of the Table.

( b ) made by a caller from a public telephone or from a coinbox exchange line, there shall be charged and paid, placed in the coinbox or otherwise credited to Bord Telecom Éireann the charges stated in the Table below.

TABLE

Standard Rate:

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. on normal working days from Monday to Friday (inclusive).

Reduced Rate:

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. and before 8 a.m. from Monday to Friday (inclusive);

(ii) all day on Saturday, Sunday and Public Holidays and;

(iii) such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers.

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

PART 6

Special Telephone Service

Articles 12, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66 and 67.

SECTION I

Charges for Special Telephone Services which are payable in addition to the appropriate charges set out in the foregoing Parts of this Schedule

Note:

TIS (Telephone Information Service), ISD (International Direct Dial), XCH (Cross Channel), STD (Inland Trunk).

SECTION II

Charges which are payable in lieu of all other charges set out in the other Parts of this Schedule

SECTION III

Charges in respect of Freefone 1800 service

Charges in respect of 1850 service

Call Charges (Recipient)

Note

(i) Regional call charges apply to calls made from a fixed telephone exchange line to a fixed telephone exchange line terminating in a premises in the same service area.

(ii) National call charges apply to all calls to exchange lines within the State other than those calls to which Regional call charges apply.

(iii) Each of the areas of the State to which the prefixes (01), (02), (04), (05), (06) and (07/09) apply shall be a separate service area. Calls to or from Eircell equipment shall be regarded as calls to a separate service area.

(iv) The Standard Rate is applicable to all calls made between 8 a.m. and 6 p.m. Monday to Friday (inclusive). The Reduced Rate is applicable to all calls on Monday to Friday other than calls to which the Standard Rate applies. The Weekend Rate is applicable to all calls on Saturday, Sunday or Public Holidays.

(v) Subscribers to whom the 1850 service is provided shall receive a credit of 9.5p per 1850 call received.

2. For calls made at all times (except where otherwise stated) to exchanges in the State from exchanges in:

3. Additional Charges

SECTION IV

Charges for International Virtual Private Networks (IVPN)

Call charges are 9.5p per period or part of a period of time as specified in the Table, Subject to a minimum charge equivalent to the charge that would apply if the call duration was 60 seconds.

TABLE

IVPN CALLS

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchange in:

4. Supplementary Charges

SECTION V

Charges for Switched Digital International (64kb/s) Services

SECTION VI

Chargecard Calls

Chargecard Calls are charged by means of (a) a duration based charge of 9.5p per period or part of a period of Time specified in the Table to this Part of this Schedule aopropriate to the Call, and (b) a Chargecard call premium. The Chargecard call premium is 50p in the case of calls wholly within the State or calls to or from Eircell Equipment or a fixed telephone line in Northern Ireland, and £1.00 for all other calls.

TABLE

(Chargecard Calls)

Standard Rate:

The standard rate applied to calls made at or after 8 a.m. and before 6 p.m. on normal working days from Monday to Friday (inclusive).

Reduced Rate:

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. and before 8 a.m. from Monday to Friday (inclusive) for calls described in Paragraph 1 of the Table; and

(ii) all day on Saturday, Sunday and Public Holidays for calls described in Paragraph 1(iii) of the Table.

2. For calls made at all times (except where otherwise stated):

PART 7

Eircell

Article 78

A. Call Charges

1. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the State or in Northern Ireland:

2. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the state or in Northern Ireland:

3. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Great Britain, the Isle of Man and the Channel Islands:

4. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Great Britain, the Isle of Man and the Channel Islands:

5. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 1 states and territories:

6. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 2 states and territories:

7. Subscriber dialled calls, from Eircell "Analogue equipment or from Eircell" GSM equipment in the State, to telephones in Band 3 states and territories:

8. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 4 states and territories:

9. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 5 states and territories:

10. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 1 states and territories:

11. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 2 states and territories:

12. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 3 state and territories:

13. Calls, other than subscriber dialled calls, from Eircell Analogue equipment from Eircell GSM equipment in the State, to telephones in Band 4 states and territories:

14. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 5 states and territories:

15. Calls made from Eircell GSM equipment outside the State to telephones in any part of the world, shall be charged at the current tariff applicable to such calls which is specified by the appropriate GSM cellular network operator in the state or territory in which the call originates, together with the appropriate Eircell service charge specified below:

16. Eircell GSM subscribers shall be charged in respect of calls received on Eircell GSM equipment outside the State as if the call received were a call made by such subscriber, from Eircell GSM equipment in the State, to a telephone in the state or territory in which the call is actually received.

17. Eircell subscriber shall be charged in respect of calls made from Eircell Analogue equipment or from Eircell GSM equipment in the State to Eircell GSM equipment outside the State, as if such calls were calls described in paragraph 1 or paragraph 2 of Section A of this Part of this Schedule, as appropriate.

Notes:

(i) In respect of calls described at paragraph 1 above:

Standard Rate applies to calls made between 8 a.m. and 8 p.m., Monday to Friday (inclusive) Reduced Rate applies to calls made between 8 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(ii) In respect of calls described at paragraph 2 above:

Standard Rate applies to calls made between 8 a.m. and 6 p.m., Monday to Friday (inclusive) Reduced Rate applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(iii) In respect of calls described at paragraph 3 above:

Standard Rate applies to calls made between 8 a.m. and 6 p.m., Monday to Friday (inclusive) Reduced Rate applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(iv) In respect of calls described at paragraph 4 above:

Standard Rate applies to calls made between 8 a.m. and 6 p.m., Monday to Friday (inclusive) Reduced Rate applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(v) In respect of calls described at paragraph 5 above:

Standard Rate applies to calls made between 8 a.m. and 6 p.m., Monday to Friday (inclusive) Reduced Rate applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(vi) In respect of calls described at paragraph 7 above:

Standard Rate applies to calls made between 10 a.m. and 10 p.m., Monday to Friday (inclusive) Reduced Rate applies to calls made between 10 p.m. and 10 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(vii) In respect of calls described at paragraph 12 above:

Standard Rate applies to calls made between 10 a.m. and 10 p.m., Monday to Friday (inclusive) Reduced Rate applies to calls made between 10 p.m. and 10 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(viii) Band 1 comprises Andorra, Austria, Belgium, Ceuta and Melilla, Denmark (including Faroe Islands), Finland, France, Germany, Greece, Greenland, Iceland, Italy Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal (including Azores and Madeira), San Marino, Spain (including Balearic and Canary Islands), Sweden, Switzerland and Vatican City.

(ix) Band 2 comprises Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Hercegovnia, Bulgaria, Croatia, Cyprus, Czech & Slovak Fed. Rep., Egypt, Estonia, Georgia, Gibraltar, Hungary (Rep of), Israel, Kazakhstan, Kyrgystan, Latvia, Libya, Lithuania, Malta, Moldova, Morocco, Poland (Rep of), Romania, Russia, Slovenia, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan. Yugoslavia (Fed. Rep. of).

(v) Band 3 comprises Anguilla, Antigua and Barbuda, Bahamas, Barbados, Bermuda, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Jamaica, Mexico, Monsterrat, Puerto Rico, St. Kitts (Nevis), St. Lucia, St. Vincent, Trinidad and Tobago, Tortola (British Virgin Islands), Turks and Caicos Islands, U.S.A., Virgin Islands (U.S.).

(xi) Band 4 comprises Australia (including Tasmania), Hong Kong, Japan (including Ryukyu Islands), New Zealand, Saudi Arabia, Singapore and South Africa.

(xii) Band 5 comprises all other States.

(xiii) Where calls are made from Eircell Analogue equipment outside the State, the appropriate Eircell call charges shall be computed and payable as the Eircell Analogue equipment were within the State.

B. Subscription

C. Connection Charges

D. Other Services and Facilities

PART 8

Article 66

Telephone Directory Entries

PRESENT when the Common Seal of Bord Telecom Éireann was affixed

here to this 25th day of August, 1993.

FERGUS McGOVERN,

Director.

Martin Gaffney,

Telecom Executive VII,

Board Secretariat,

Merrion House,

Merrion Road, Dublin 4.

RONALD BOLGER,

Director.

EXPLANATORY NOTE.

The purpose of the Scheme is to provide for a rebalancing of telephone call charges and to effect certain modifications to the Telecommunications Scheme, 1992.