Postal and Telecommunications Services Act, 1983
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Exclusive privilege of the telecommunications company. |
87.—(1) The company shall, subject to the provisions of this section, have the exclusive privilege of offering, providing and maintaining telecommunications services for transmitting, receiving, collecting and delivering telecommunications messages within the State up to (and including) a connection point in the premises of a subscriber for any such service. | |
(2) The said privilege is granted to the company— | ||
(a) in view of its primary purpose of providing a national telecommunications service and of the general duty imposed on it by section 15 , and | ||
(b) in recognition of the fact that a privilege of this kind is appropriate having regard to the area and population of the State and the present state of development of telecommunications technology, and | ||
(c) because a viable national telecommunications system involves subsidisation of some loss-making services by profit-making services. | ||
(3) Each of the following shall not be regarded as a breach of the exclusive privilege granted by this section— | ||
(a) services provided and maintained by a person solely for his domestic use, | ||
(b) services provided and maintained by a business for use between employees for the purposes of the business and not rendering a service to any other person, | ||
(c) services provided and maintained by a person by means of apparatus situated wholly in a single set of premises occupied by him, | ||
(d) the operation of a broadcasting station under licence granted by the Minister, | ||
(e) radio communications systems provided under licences granted under the Wireless Telegraphy Acts, 1926 to 1972, | ||
(f) cable television systems licensed under the Wireless Telegraphy Acts, 1926 to 1972, | ||
(g) services provided in accordance with the terms and conditions of a licence granted by the company under section 89 or by the Minister under section 111 . | ||
(4) A person who breaches the exclusive privilege granted by this section, or who attempts to breach that privilege or who aids, abets, counsels or procures such a breach, or who conspires with, solicits or incites any other person to breach that privilege, shall be guilty of an offence. In any proceeding in relation to that offence it shall lie upon the person proceeded against to prove that the act or omission in respect of which the offence is alleged to have been committed was done in conformity with this section. |