S.I. No. 197/1980 - Telex Regulations, 1980.

S.I. No. 197 of 1980.

TELEX REGULATIONS, 1980.

I, ALBERT REYNOLDS, Minister for Posts and Telegraphs, in exercise of the powers conferred on me by Section 2 of the Telegraph Act, 1885, and with the consent of the Minister for Finance, hereby make the following Regulations:

PART I. Preliminary.

1. These Regulations may be cited as the Telex Regulations, 1980.

2. These Regulations shall come into operation on the 1st day of July, 1980.

3. The Interpretation Act, 1937 , (No. 38 of 1937), applies to these Regulations.

4. In these Regulations—

"agreement" means an agreement between the Minister and a subscriber and relating to the provision of telex service;

"call" means the establishment of means of communication for the purpose of telex service;

"caller" means a person attending at a call office for the purpose of transmitting a telex message;

"call office" means an office open to the public whether continuously or for such daily periods as may be determined from time to time by the Minister for the purposes of the transmission of telex messages;

"certified" means certified by the Minister;

"installation" means a telex line and the teleprinter or other sending and receiving apparatus and the equipment associated therewith which are provided by the Minister for a subscriber for the purpose of telex service;

"the Minister" means the Minister for Posts and Telegraphs;

"subscriber" means a person with whom the Minister makes or has made an agreement for the purpose of enabling such subscriber to communicate with other persons by means of the installation specified in that agreement and through the medium of a telex exchange;

"subscription" means the sum due in accordance with the terms of the agreement in respect of the rental of the installation specified in the agreement;

"subscriber keyed call" means a call obtained without the intervention of a telex exchange operator and in respect of which the charge for the call, calculated in accordance with these Regulations, is recorded on the meter associated with the subscriber's installation;

"subscriber's premises" means any premises where the installation is installed;

"telegraphic line" means a telegraphic line as defined in the Telegraph Act, 1878, and in addition a telegraph as defined in the Telegraph Act, 1869;

"teleprinter" means a telegraphic transmitting or receiving instrument used or intended to be used for the purpose of transmitting or receiving by means of electricity written telegrams;

"telex exchange" means switching equipment and apparatus operated by the Minister and forming part of the public telex exchange system provided by him and designated by the Minister to be a telex exchange;

"telex line" means a circuit provided for the purpose of maintaining continuous connection with a telex exchange;

"telex service" means a service whereby written telegrams may be sent directly between the sender and the recipient through the public telex exchange system under the control of the Minister.

PART II. Call Charges and other Matters relating thereto.

5. (1) Subject to the provisions of these Regulations, the charge for each subscriber keyed call and for each call other than a subscriber keyed call made by a subscriber to an installation in the State, Northern Ireland, Great Britain, the Isle of Man or the Channel Islands shall be the sums specified in the Schedule to these Regulations according to the description and duration of the call.

(2) In addition to the sum chargeable under paragraph (1) of this Regulation, there shall be charged and paid in respect of every call made by a caller from a call office the call office fee specified at Reference No. 1 in Part III of the Schedule to these Regulations.

(3) For the purposes of these Regulations the duration of a call shall be calculated from the time when the establishment of means of communication begins to the time when it ends without regard to the length of time during which messages are being sent.

6. Calls for a period exceeding three minutes may be allowed at the discretion of the Minister, but no person shall be entitled as of right to continue a call for a period exceeding three minutes and if a call continues for a period exceeding three minutes, the Minister may, if he considers it desirable in relation to the provision of the telex service to do so, interrupt, disconnect or interrupt and disconnect the call.

7. (1) The distance between two telex exchanges connected for a call shall, for the purpose of computing the charge for such a call, be measured in a straight line on a horizontal plane.

(2) Every doubt, question, or dispute which as regards the telex service arises in respect of the distance between two telex exchanges shall be decided by the Minister.

8. 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 the Minister.

PART III. Subscribers' Installations.

9. (1) The Minister shall provide the subscriber's installation and (subject to the other provisions of these Regulations) maintain the same in good working order.

(2) The method of provision of the said installation shall be in the absolute discretion of the Minister and the subscriber shall afford all necessary and reasonable facilities for the completion of the work.

(3) If, after acceptance of an agreement by the Minister, expense is incurred by the Minister in providing an installation and an applicant notifies his desire to withdraw from the agreement before service on the said installation has been given or refuses or neglects to afford the facilities necessary an reasonable for the completion of the work, the subscriber shall pay to the Minister on demand—

( a ) a sum equivalent to the rental for the full term provided under the agreement,

or, at the option of the Minister—

( b ) the amount of the costs and expenditure incurred by the Minister in and about all works undertaken for the provision of the said installation up to the date of the said notice of withdrawal or the refusal or neglect to afford facilities as aforesaid, together with the costs and expenses of the recovery and removal of any works so erected.

10. The subscriber shall pay, on demand, to the Minister the certified cost of repairing, renewing or replacing in stock any part of the installation on the subscriber's premises which may be stolen or lost or which may be destroyed or damaged by fire or other cause.

11. The Minister may at any time disconnect an installation from the telex exchange with which it is connected and reconnect it with any other telex exchange, and may at any time alter the telex number or answer-back code allotted to the subscriber or the name of the telex exchange with which his telex line is connected.

12. (1) ( a ) The Minister may, if he thinks fit and at the request and expense of the subscriber, make any alteration in the installation, its fixtures and accessories (including the line or wires so far as they are within the boundaries of the premises in which the installation is fitted) or remove the installation 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.

( b ) The Minister may also at any time, without request by and free of expense to the subscriber, make any alteration in the installation, if the Minister considers such alteration desirable in relation to the provision of the telex service.

( c ) The terms of the agreement and the provisions of these Regulations shall apply to the installation thus altered or removed, and such terms and provisions shall not be prejudiced by any total or partial interruption of communication caused by such alteration or removal.

(2) If the subscriber vacates the premises in which the installation is fitted, the Minister shall be at liberty to recover the installation without in any way affecting the subscriber's liability under the terms of the agreement or the provisions of these Regulations.

13. (1) The subscriber shall be responsible for the safety of the installation, fixtures and accessories on the subscriber's premises, and shall not damage the same.

(2) The subscriber shall not, without the written consent of the Minister—

( a ) alter or remove an installation or any part thereof, or obliterate or deface any marks, words or numbers thereon,

( b ) make any attachment to an installation, or place anything in electrical connection therewith,

( c ) place or use in any manner or position in relation to the installation anything that may in the opinion of the Minister have a harmful effect on the installation or on its use for the purpose for which it is provided, or,

( d ) place or use anything (unless provided for the purpose by the Minister) in such a manner or position in relation to the installation that it transmits or enables to be transmitted any message or other communication to or from or by means of the installation,

nor shall he without such consent permit or suffer any other person to do so.

(3) The subscriber shall (without prejudice to the terms of the relevant agreement or to the provisions of these Regulations) make good on demand the certified expense to which the Minister is or may be put by reason of any contravention of paragraphs (1) and (2) of this Regulation.

(4) The subscriber shall, on being required by the Minister so to do, cease to use and forthwith remove anything which has been attached, connected, placed or used in the manner mentioned in paragraph (2) of this Regulation, whether by him or by another person and whether with or without the consent of the Minister.

14. (1) The subscriber shall grant to the Minister every reasonable facility in his power for the construction, examination, and maintenance of the installation and shall permit the officers, servants and agents of the Minister at all reasonable times to have free access to the subscriber's premises for the purposes aforesaid.

(2) If the Minister, after written notice in that behalf by any duly authorised officer of the Department of Posts and Telegraphs has been given to the subscriber, shall be unable to obtain any facility referred to in paragraph (1) of this Regulation, the Minister may, without prejudice to the terms of the relevant agreement or to the other provisions of these Regulations, either determine the agreement at any time thereafter by notice in writing to that effect or disconnect the installation from the telex exchange until such facility is afforded.

15. Nothing in these Regulations or in the relevant agreement shall preclude the Minister from using any telex line provided for a subscriber for any purpose (including the provision of service to other persons) involving the carrying of electric currents over such telex line at frequencies different from those used for the purpose of that subscriber's telex service.

PART IV. Agreement with Subscribers.

16. Every applicant for telex service shall, before he is provided with an installation, be required to enter into an agreement for the use of an installation.

17. The Minister may, either before or after the acceptance of an agreement or before or after the connection of a subscriber's installation, demand security in such form and of such amount as the Minister may consider necessary to secure the payment of any subscription, fee or charge due in respect of telex services, and, in default of such security, the Minister may, if the agreement has not commenced, refuse to implement the agreement, or, if the agreement has commenced determine the agreement without prejudice to its terms and to the other provisions of these Regulations, and, in case the installation has been provided, disconnect the installation.

18. The subscriber shall not, except with the written consent of the Minister, assign in whole or in part the relevant agreement or any benefit or advantage thereunder, nor shall he, without such consent, make any arrangement concerning anything to which the agreement relates.

19. If—

( a ) the Minister is at any time unable or unwilling to obtain or maintain any licence or other permission or any wayleave or easement necessary to the construction or maintenance of the telex line, or

( b ) the subscriber fails to give forthwith any undertaking required by the Minister to pay the certified cost of alterations to the telex line considered by the Minister to be necessary to prevent injury to it by electric lighting or power plant used or to be used by the subscriber,

the Minister may by notice in writing to that effect determine the agreement as from the date of such notice, and the subscriber shall be entitled to no payment or compensation by the Minister except a return of so much of the subscription as has been paid for a period in advance of the date of determination and the balance of any sum deposited by way of security in accordance with Regulation 17 of these Regulations, standing in the Minister's books to the credit of the subscriber, less the value of any fees, charges or other sums due to the Minister under the relevant agreement or the other provisions of these Regulations.

20. On the determination of an agreement the subscriber shall surrender to the Minister the installation with all fixtures and accessories, in as good condition as when received, ordinary wear only excepted, and the Minister shall remove the installation and for that purpose shall have access at all reasonable times by his officers, servants and agents to the subscriber's premises and the subscriber shall, subject to Regulations 9(3), 10, 13 (3) and 29 of these Regulations, be entitled to a return of the balance of any sum deposited by way of security in accordance with Regulation 17 of these Regulations, but shall have no claim against the Minister for compensation or damages.

21. Where a subscriber terminates his agreement, and does not take telex service under a new agreement, he may, with the consent of the Minister transfer the installation formerly rented by him to another occupier of the premises at which the installation is connected, and if the unexpired term of his former agreement exceeds one month, he may be allowed rebate of rental due under the terms of his agreement in respect of the unexpired term in excess of one month, but no rebate shall be allowed in respect of any period prior to the date on which the new subscriber accepts liability for the installation transferred.

22. Nothing in the agreement or in the other provisions of these Regulations shall be regarded as entitling the subscriber to carry on the business of collecting, receiving or delivering messages or other communications transmitted by the installation or any business of a like kind.

PART V. Subscriber's Accounts.

23. Any notice or certified account which may be given or rendered by the Minister under the agreement or these Regulations shall be deemed duly given or rendered if left at the subscriber's premises or if sent by ordinary post to his usual or last known place of address.

24. All fees and charges payable on demand to the Minister by the subscriber pursuant to the agreement or these Regulations, and all expenses and damages payable by the subscriber under these Regulations, shall be paid as soon as an account thereof is rendered to the subscriber. Any account of the fees, charges, expenses and damages payable by the subscriber shall, when certified, be prima facie evidence of the amount so payable.

25. The Minister may, as respects any subscription, require payment in advance in respect of a minimum period specified in the agreement. In case the Minister has required a payment of subscription to be made in advance, when the period covered by the subscription has expired, and in all other cases, the appropriate subscription shall be payable quarterly and shall be due in advance on the 1st day of January, 1st day of April, 1st day of July and 1st day of October in any year. Where payment in respect of a minimum period is not required in advance, the first quarterly payment shall become due on whichever of the said quarterly days falls next after the certified date of the completion of the installation. The subscriber shall pay on the certified day of completion of the installation subscription from that day to the day on which the first quarterly subscription becomes due and, in addition, if security in the form of a sum of money has been demanded pursuant to Regulation 17 of these Regulations, security of such amount as may have been determined by the Minister.

26. Where a transfer is effected in accordance with Regulation 21 of these Regulations, the subscription shall be due as from the date on which liability for the installation is accepted by the transferee, and subject to that modification shall be payable in accordance with these Regulations.

27. The Minister from time to time may increase or reduce the subscription. In the event of an increase he shall give notice to the subscriber, and no increase shall take effect before the last day of the month following the month in which notice of the increase is given. When any increase or reduction takes effect, the agreement shall be construed as if the increased or reduced subscription were provided for in the agreement.

28. If—

( a ) the subscription or any of the additional fees, charges, expenses or damages payable by the subscriber to the Minister under the agreement or under these Regulations is in arrear for twenty-one days after the day on which it or they is or are due to be paid, or

( b ) the 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, in the case of a company, is wound up or has a receiver of assets appointed, or

( c ) the subscriber fails to observe and perform any of the terms of the agreement or fails to comply with any provisions of these Regulations affecting him,

the Minister may (without prejudice to any other right or remedy of the Minister under these Regulations and notwithstanding the waiver of any previous breach) determine the agreement at any time thereafter, by notice in writing to that effect. The Minister shall also be entitled to recover from the subscriber forthwith the balance of subscription due in accordance with the terms of the agreement.

29. If after the relevant account has been rendered, any subscription or any fee, charge, expense or damages payable by the subscriber under the agreement or these Regulations is in arrear for fourteen days, excluding Sundays and public holidays, or if the subscriber has failed to offer such security as may be required by the Minister pursuant to Regulation 17 of these Regulations, the Minister may, without notice, and without prejudice to the terms of the agreement or to the provisions of these Regulations, suspend telex service on the installation or disconnect the installation from the telex exchange and, in the case of any such suspension or disconnection, may make in respect of any restoration of telex service after suspension or disconnection under the terms of this Regulation the charge specified in paragraph 2 of Part III of the Schedule to these Regulations which charge shall be payable on demand.

30. The charges in respect of subscriber keyed calls may be aggregated and included as a single item in an account rendered to a subscriber and it shall not be necessary to furnish particulars of the number of such calls or of the individual charges in respect of such calls.

PART VI. General.

31. (1) A subscriber may be given one free entry in each of the appropriate sections of any Telex Directory, published by or on behalf of the Minister, and the entry may be made in such terms, manner and order as the Minister thinks fit.

(2) No subscriber shall have any claim against the Minister or any of his officers in respect of the omission of any entry from a Telex Directory or in respect of any error in any entry in a Telex Directory.

(3) No subscriber shall be entitled to any abatement of subscription in respect of any omission or error mentioned in the foregoing paragraph of this Regulation.

32. (1) Neither the Minister nor any of his officers shall be liable for—

( a ) any loss, damage or injury which may be incurred or sustained in connection with telex service;

( b ) in particular and without prejudice to the generality of the foregoing, any loss or injury which may be incurred or sustained by reason or on account of any interruption of or failure in communication over any installation, telegraphic line or telex exchange system or by reason of or in connection with the taking or giving of messages by the Minister's officers or servants, whether such loss, damage, or injury does or does not arise through the act or default of any officer or servant of the Minister.

(2) A subscriber shall not be entitled to any abatement of subscription in respect of any such loss, damage, or injury mentioned in paragraph (1) of this Regulation or of any interruption or failure so mentioned.

33. (1) No installation shall be used—

( a ) for the transmission of any message or communication which is grossly offensive   or of an indecent, obscene or menacing character, whether addressedto an operator or any other person, or

( b ) for the persistent making of calls without reasonable cause or for the purpose of causing annoyance, inconvenience, or needless anxiety to any person.

(2) The Minister may interrupt any communication or refuse to give telex service to any subscriber who contravenes this Regulation and may suspend without notice the telex service of any subscriber whose installation is so used unless or until such assurance is received as the Minister considers sufficient to convince him that the contravention will not be repeated.

(3) Where the Minister exercises any of his powers under this Regulation, he shall not be obliged to return or refund any charge or subscription by reason of such exercise.

(4) Where the Minister exercises any of his powers under this Regulation, such exercise shall not prejudice or affect the exercise of any other right of the Minister.

34. A telex message may be sent from a subscriber's installation to the telex exchange under the control of the Minister with which the subscriber's installation is connected for further transmission to the addressee as a written telegram by means of the public telegraph system. The subscriber shall pay for this service only the charges in respect of the telegram which are payable under the statutory regulations applicable thereto.

35. (1) The paper and typewriter ribbons used in any teleprinter comprised in an installation shall be of a quality, kind and size for the time being approved of by the Minister.

(2) Except during such periods as the Minister may otherwise permit, a subscriber shall at all times keep properly adjusted in any teleprinter comprised in an installation an adequate supply of paper and a typewriter ribbon in good condition.

36. (1) If and when so required so to do so by the Minister, a subscriber shall provide at his own expense in all respects a continuous supply of the electricity required by the Minister for the installing, operation and maintenance of the installation or any part thereof. 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 the Minister may from time to time require.

(2) The subscriber shall pay the certified cost incurred by the Minister of making such alterations to the installation as he considers necessary to conform to any change made otherwise than by the Minister in the method of applying the electricity to the installation or in the kind of electric current used.

(3) The subscriber shall at all times leave the electricity supply provided under paragraph (1) of this Regulation continuously connected to the installation unless the Minister otherwise permits.

37. The Minister may in any case in which he may consider it just or reasonable so to do remit any sum made payable under these Regulations or under an agreement.

SCHEDULE.

Regulations 5 and 29.

PART I.

Charges for calls other than Subscriber Keyed Calls.

PART II.

Charges for Subscriber Keyed Calls.

The charge for a subscriber keyed call shall be the sum of 7.56p in respect of each period or part of a period of time specified in the Table to this part of this Schedule which is appropriate to the call and during which the call continues.

PART III.

Fee for every call made from a call office in addition to the normal sum payable for such call: 20p

Charge payable in respect of restroation of service after suspension or disconnection under the terms of Regulation 29:70p.

GIVEN under my official Seal this 26th day of June, 1980.

ALBERT REYNOLDS,

The Minister for Finance hereby consents to the foregoing regulations.

GIVEN under the Official Seal of the Minister for Finance, this 26th day of June, 1980.

MICHAEL O'KENNEDY,

EXPLANATORY NOTE.

These Regulations:

( a ) consolidate the Telex Regulations, 1955, and all subsequent amendments thereto;

( b ) substitute a new schedule of telex call charges which provides for an increase as from 1st July 1980 in the basic unit of charge from 6.3p to 7.56p for internal telex calls, calls to Northern Ireland, Great Britain, the Channel Islands and the Isle of Man.