S.I. No. 414/1985 - Eircell Scheme 1985.

S.I. No. 414 of 1985.

EIRCELL SCHEME 1985.

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 Eircell Scheme 1985.

2. This Scheme shall be deemed to have come into operation on 1st September, 1985.

3. The Interpretation Act, 1937 (no. 38 of 1937), applies to this Scheme.

4. Whether or not Subscribers to Eircell are Subscribers to any other service operated by Bord Telecom Éireann, this Scheme shall apply in addition to the applicable provisions of the Postal and Telecommunications Services Acts 1983 and 1984 and of the appropriate schemes of Bord Telecom Éireann relating to telecommunications services in force from time to time under the said Acts as if they were Subscribers to such other services and in addition to the provisions of the Telegraph Acts 1863 to 1921 and of the Wireless Telegraphy Acts 1926 to 1972 and any measures replacing or amending them. In particular, the provisions of the Scheme entitled Telephone Regulations, 1980 ( S.I. no. 195 of 1980 ), as amended from time to time, shall be deemed applicable unless the Agreement for Eircell Service otherwise requires or unless provision is made separately in this Scheme or in such Agreement for Eircell Service.

5. In this Scheme, except and in so far as the contrary is provided for or the context requires otherwise, the following expressions have the meaning respectively assigned to them:

"Eircell" is the term assigned by Bord Telecom Éireann to the cellular radio telephone system or network for which provision is made under this Scheme whereby cellular radio telephone service is provided through the public switched telephone exchange system (the fixed telephone network) and a wireless telegraphy link provided by means of a cellular radio system or network and, where the context so admits or requires, applies to apparatus, facilities or service pertaining to the said cellular radio telephone system or network and the terms "Eircell" and "Eircell Service" shall be construed accordingly.

"Agreement for Eircell Service" has the meaning assigned to it by paragraph 6 of this Scheme.

"Eircell Equipment" means a cellular radio telephone (whether mobile or portable) within the Eircell Service to which service is provided in accordance with the Agreement for Eircell Service and includes other equipment and apparatus pertaining to the same.

6. Every applicant for Eircell Service shall, before he is provided with such service, be required to enter into an agreement with Bord Telecom Éireann for that purpose and such agreement shall be known as the "Agreement for Eircell Service" (or where hereinafter convenient "the Agreement") and following completion of such Agreement by each party the applicant shall be known as the "Subscriber".

7. Subject to paragraph 15 hereof, where an Agreement for Eircell Service is executed 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 the Subscriber.

8. Where equipment or apparatus in connection with the Eircell Service is purchased or leased by the Subscriber or applicant the terms of such purchase or leasing shall not be governed by this Scheme except to the extent provided for in paragraph 10 hereof.

9. Bord Telecom Éireann shall provide to the Subscriber the Eircell Service, equipment and apparatus listed in the Agreement in accordance with the terms of such Agreement and of this Scheme but no 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.

10. Bord Telecom Éireann reserves the right at all times to:

( a ) issue such instructions concerning the use of the Eircell Service as it deems to be necessary from time to time whether in order to ensure the integrity, quality of service and safety for all subscribers, or otherwise; and

( b ) alter the name or number of the Subscriber's Eircell telephone number or other code name or number allocated by Bord Telecom Éireann from time to time for use in connection with the Eircell Service.

11. ( a ) The Subscriber shall pay to Bord Telecom Éireann in respect of any call or attempted call originated from Eircell Equipment, except where Bord Telecom Éireann otherwise determines or the subscriber agrees otherwise with Bord Telecom Éireann, charges calculated in accordance with the First Schedule of this Scheme.

( b ) The Subscriber shall pay quarterly in advance in respect of rental charges for Eircell Service the sums set forth in the Second Schedule of this Scheme as demanded in accounts issued from time to time by Bord Telecom Éireann. Subject to Section 96 of the Postal and Telecommunications Services Act 1983 , such rental charges payable shall commence, unless otherwise decided by Bord Telecom Éireann, on the day when Eircell Service is made available to the Subscriber and, for the avoidance of doubt, Bord Telecom Éireann may at any time demand a proportionate part of any rental charge in respect of the period between the provision of Eircell Service and the first day of the next period in respect of which an account for quarterly rental charge would ordinarily issue. For the avoidance of doubt, and without prejudice to the generality of paragraph 4 of this Scheme or of the Agreement, Bord Telecom Éireann shall enjoy all the rights in relation to the rental charges provided for in this Scheme as if they were a "subscription" under the terms of the scheme entitled the Telephone Regulations, 1980 ( S.I. No. 195 of 1980 ), as amended from time to time.

( c ) The Subscriber shall pay to Bord Telecom Éireann on demand in respect of access to the Eircell Network the access charge of IR£50.00 (Fifty Irish Pounds).

( d ) Except where otherwise provided in this Scheme, all charges payable shall be payable to Bord Telecom Éireann on demand and at such intervals and on such dates (whether in advance or in arrear, or partly in advance or partly in arrear) as Bord Telecom Éireann may from time to time decide, either generally or in relation to a particular case.

( e ) All charges payable by the Subscriber to Bord Telecom Éireann shall be payable as soon as indicated on the relevant account thereof rendered by Bord Telecom Éireann and, in the absence of any such indication, shall be payable forthwith.

( f ) (i) Bord Telecom Éireann may from time to time increase or reduce the foregoing charges or any of them and, in the event of an increase, it shall give notice to the subscriber, and no increases under this sub-paragraph shall take effect before the expiration of fourteen (14) days beginning on the date of the notice relating thereto and required to be given under this sub-paragraph.

(ii) Notice for the purposes of this sub-paragraph may be incorporated in or associated with any other communication from Bord Telecom Éireann.

12. ( a ) Except with the written consent of Bord Telecom Éireann, Eircell Service shall not be used or on behalf of any person other than the Subscriber for whom the Service is provided. The 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.

( b ) Except with the written consent of Bord Telecom Éireann, the 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 Subscriber of the Service provided on the application of the Subscriber. The term "consideration" includes, besides money or money's worth, the giving or withholding of business of any other advantage or benefit of any kind or description.

13. The Subscriber:

( a ) shall not use the Service in any manner which, in the opinion of Bord Telecom Éireann, may adversely affect the use of the Eircell Service by other Subscribers or the interests of the Service as a whole;

( b ) shall not use the Service for the transmission of any data which is grossly offensive or of an indecent, obscene or objectionable nature; and

( c ) shall comply with any directions given by Bord Telecom Éireann as to the manner of using the Eircell Service.

14. ( a ) Bord Telecom Éireann may, without prejudice to any other remedy available to it or to the generality of Section 96 of the Postal and Telecommunications Services Act 1983 , or any other power in that behalf at its discretion cancel, suspend or interrupt the Service or determine the Agreement for Eircell Service where a Subscriber contravenes or fails to comply with or observe:

(i) any provision of this Scheme or any obligation to which paragraph 4 hereof applies; or

(ii) any obligation in relation to a statute, regulation, licence, consent or requirement to which paragraph 7 of this Scheme applies; or

(iii) any lawful requirements of the Minister for Communications or any of his officers.

( b ) Notwithstanding such cancellation, suspension, interruption or determination, Bord Telecom Éireann shall be entitled to recover from the Subscriber all rental and other charges due in accordance with the Agreement for Eircell Service.

15. A Subscriber who fails to comply with any provisions of this Scheme or of any of the enactments, licences or consents specified in paragraphs 4 or 7 hereof shall continue to be liable for all rental and other charges already due or which would have become due in respect of the Service to which the Agreement applies.

Paragraph 11 (a)

FIRST SCHEDULE

Eircell Call Charges

Calls from exchanges in the State to exchanges in	Full Rate	Reduced Rate
The State or Northern Ireland (Subscriber Dialled calls where the service is available)	10.7p per 20 seconds or part thereof.	10.7p per 30 seconds or part thereof.
The State or Northern Ireland (other than Subscriber Dialled Calls)	96.3p for the first three minutes or part thereof (minimum) and thereafter at the rate of 32. 1p per minute or part thereof	64.2p for the first three minutes or part thereof (minimum) and thereafter at the rate of 21.4p per minute or part thereof.
All other states	Such call charges as may be in force for the time being under the Telephone Regulations 1980, as amended or replaced from time to time, as if the Eircell call were a call to which the said Regulations were applicable.

FULL RATE

Full Rate applies to calls made at or after 8 a.m. and before 6 p.m. on normal working days from Monday to Friday.

REDUCED RATE

Reduced Rate applies to calls made as follows:

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

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

and

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

Paragraph 11 ( b )

SECOND SCHEDULE.

Eircell Rental.

Quarterly Rental............................................................ ............................................................ .................IR£105.00

GIVEN under the Common Seal of Bord Telecom Éireann this 10th day

of December, 1985 in the presence of:

K. CONLON.

SEÁN O. SCANLON.

Director.

PAUL A. KAVANAGH.

Director.

EXPLANATORY NOTE.

The purpose of this Scheme is to make provision for the Eircell cellular radio telephone service.