S.I. No. 19/1992 - Telecommunications Scheme, 1992.

S.I. No. 19 of 1992.

TELECOMMUNICATIONS SCHEME, 1992.

TABLE OF CONTENTS

PART I

PRELIMINARY AND GENERAL

PART II

TELECOMMUNICATIONS SERVICE

Chapter 1: Scope

Chapter 2: Agreements

Chapter 3: Accounts and Payments

Chapter 4: Use of Telecommunications Services

Chapter 5: Telecommunications Lines, Fixtures and Accessories, and Subscriber Equipment

Chapter 6: Transfer

Chapter 7: General

PART III

TELEPHONE SERVICE

Chapter 1: General

Chapter 2: Special Telephone Services

Chapter 3: Telecards

Chapter 4: Eircell Service

PART IV:

PRIVATE TELECOMMUNICATIONS CIRCUITS

PART V:

TELEX SERVICE

PART VI:

EIRPAC SERVICE

PART VII:

VIDEOCONFERENCE SERVICE

FIRST SCHEDULE:

S.I. No. 19 of 1992.

TELECOMMUNICATIONS SCHEME, 1992.

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:

PART I PRELIMINARY AND GENERAL

1. This Scheme may be cited as the Telecommunications Scheme, 1992.

2. This Scheme shall come into operation on the fifteenth day of January, 1992.

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

4. The

Telecommunications Scheme, 1990 ( S.I. No. 91 of 1990 ),

Telecommunications (Amendment) Scheme, 1990 ( S.I. No. 179 of 1990 ), and

Telecommunications (Amendment) (No. 2) Scheme, 1990 ( S.I. No. 245 of 1990 ),

are hereby revoked.

5. (1) In this Scheme:

"the Acts" means the Telegraph Acts, 1863 to date, the Postal and Telecommunications Services Acts, 1983 and 1984 and any secondary legislation or other measures thereunder;

"agreement" means an agreement (whether contained in one or more documents or in information in any form) made, or deemed to have been made, between Bord Telecom Éireann and a person, relating to the provision of a telecommunications service;

"alarm clock call service" means the service whereby a telephone call is made at the request of a caller or telephone subscriber, from a telephone exchange at a specified time and includes all ancillary services;

"automatic telex call" means a telex call obtained without the intervention of a telex exchange operator;

"call" means the initiation or establishment of the means of transmission of a single communication or message through a telecommunications service:

"caller" means a person using a telecommunications service for the purpose of transmitting or receiving a telecommunications message;

"certified" means certified by an employee of Bord Telecom Éireann;

"coinbox" means a receptacle for coins (or a device for recording other means of payment) connected to a telephone to which is connected a telephone exchange line;

"coinbox exchange line" means a telephone exchange line with which is connected a coinbox;

"Eircell" is the name assigned by Bord Telecom Éireann to the cellular radio telephone system operated by it 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 fixtures and accesories pertaining to the said cellular radio telephone system or network and the terms "Eircell" and "Eircell Services" shall be construed accordingly;

"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;

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

"Eirpac" is the name assigned by Bord Telecom Éireann to the Irish National Packet Switched Data Network operated by it and, where the context so admits or requires, applies to facilities, fixtures and accessories pertaining the said Network.

"Eirpac service" refers to the service provided on the Irish National Packet Switched Data Network and includes, where the context admits or requires, facilities, fixtures and accessories comprised in it;

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

"Eirpage service" means the one-way national wide-area radio paging service operated by Eirpage Limited and interconnected to the fixed telecommunications networks of Bord Telecom Éireann;

"Eirpage equipment" means paging units (and other associated equipment) to which Eirpage service is supplied;

"exchange" in relation to any telecommunications service means switching equipment and apparatus which forms part of the Bord Telecom Éireann system for provision of that service and, where the context so admits or requires, includes the building or part of the building or other external covering housing such apparatus;

"external extension" means an extension line other than an internal extension;

"fee" means any charge other than a charge specified in this Scheme made to a person by Bord Telecom Éireann in respect of a service rendered to the said person;

"fixed time call" means a telephone call to be effected at or about a time specified in advance by a telephone subscriber or caller;

"fixed time charge" means a charge in respect of a fixed time call or in respect of an attempt to effect a fixed time call;

"fixtures and accessories", means fixtures and accessories owned and provided by Bord Telecom Éireann in connection with a telecommunications service supplied by it;

"Freefone 1800 call" means a telephone call which is made by a telephone subscriber or caller, in which the connection of the call is effected by automatic switching, which call is connected to the telephone exchange line of a telephone subscriber identifiable by a Freefone 1800 number allocated by Bord Telecom Éireann and which call is charged to and payable by the telephone subscriber identified by such Freefone 1800 number and the service whereby such calls may be received shall be known as the "Freefone 1800 service".

"1850 call" means a telephone call which is made by a telephone subscriber or caller, in which the connection of the call is effected by automatic switching, which call connected to the telephone exchange line of a telephone subscriber identifiable by a 1850 number allocated by Bord Telecom Éireann and which is in part charged to and payable by the telephone subscriber identified by such 1850 number and the service whereby such calls may be received shall be known as the "1850 service";

"group centre" has the meaning assigned to it by Article 52 of this Scheme;

"Internal extension" means an extension line wholly within or intended to be wholly within a subscriber's premises and by means of which two points within a subscriber's premises are connected or intended to be connected for the purpose of conveying telecommunications messages;

"local call" means any telephone call referred to in Article 53 of this Scheme;

"packet switching exchange" means an exchange forming part of Eirpac and which is operated by Bord Telecom Éireann for the purpose of conveying data by means of telecommunications through the medium of that network;

"Pactex" means a facility whereby a message may be transmitted through the telex service and thereafter through the Eirpac service to an Eirpac subscriber or to an electronic mailbox rented by an Eirpac subscriber and whereby a message may be transmitted through the Eirpac service and thereafter through the telex service to a telex subscriber;

"personal call" means a call which is specified by the subscriber or caller to be a call for establishment of communication through a telecommunications service between the subscriber or caller and a designated person or, at the request (made when the application for the call is made) of the subscriber or caller, between the subscriber or caller and a designated person or a substitute for that person;

"personal charge" means a charge in respect of a personal call or in respect of an attempt to effect a personal call;

"place" includes a vessel, aircraft and vehicle;

"premises" includes a vessel, aircraft and vehicle;

"private branch exchange" means switching apparatus installed or intended to be installed in a subscriber's premises and connected or intended to be connected both to telephone exchange lines and to extension lines, and designed to provide inter-communication between the extension lines and communication between the extension lines and the telephone exchange lines;

"private telecommunications circuit" means a telecommunications line, fixtures and accessories which connect one subscriber's premises with another subscriber's premises or another premises of the same subscriber (or in the case of a private telecommunications circuit between a point in the State and a point outside the State, a premises of any person) and which is rented from Bord Telecom Éireann by the person or persons whose premises is or are so connected for his or their use for the purpose of transmitting and receiving telecommunications messages between such premises on his or their business or private affairs (and includes all other fixtures and accessories associated therewith);

"private telecommunications circuit subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the purpose of enabling such person to communicate by means of a private telecommunications circuit and also means a person to whom such circuit has been or is being provided;

"public telephone" means a coinbox exchange line (other than a coinbox exchange line rented by a telephone subscriber) to which members of the public have access, whether continuously or for such daily periods as may be determined, prescribed or permitted from time to time by Bord Telecom Éireann or its agents, as the case may be;

"reverse charge call" means a telephone call between telephones in the State or between a telephone outside the State and a telephone in the State where the person making the call requests the telephone exchange operator that the charge or charges payable in respect of the call (save any personal charge) shall be charged to and payable by the person who is the telephone subscriber in respect of the called telephone and the telephone exchange operator obtains from the person answering on the called telephone a consent to the request before the call is established;

"subscriber" means a person with whom Bord Telecom Éireann makes, has made or is deemed to have made an agreement for the provision to such person of a telecommunications service and also means a person to whom such service has been or is being provided;

"subscriber dialled trunk call" means a trunk call which is made by a telephone subscriber or a caller in which the connection of the call is effected by automatic switching;

"subscriber's premises" means a building, or part of a building, vehicle, vessel or other structure or place, owned or occupied or controlled by a subscriber, and includes any premises in which a telecommunications line or fixtures and accessories used by or provided to a subscriber are installed;

"subscriber equipment" means equipment or apparatus owned by a person other than Bord Telecom Éireann, and used or intended to be used for the enjoyment of or in conjunction with a telecommunications service;

"subscription" means the sum or sums due in accordance with the terms of an agreement in respect of rental of telecommunications services, fixtures and accessories;

"Telecard" means a card issued to a Telecard subscriber by Bord Telecom Éireann bearing a serial number allotted to such subscriber and entitling the Telecard bearer to make a Telecard call;

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

"Telecard 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 Telecard subscriber or not, made by a Telecard bearer, where the Telecard bearer cites the Telecard serial number and requests the telephone exchange operator to charge such call to the account of the said subscriber;

"Telecard subscriber" means a telephone subscriber to whom a Telecard has been issued pursuant to Article 67 of this Scheme;

"telecommunications line" includes a telegraphic line, a telegraph (as such terms are defined in the Telegraph Acts, 1863 to date) and includes all lines, circuits, apparatus and installations used for telecommunications services and, for the avoidance of doubt, includes Eircell service and equipment;

"telecommunications message" means a message or communication transmitted by a telecommunications service;

"telecommunications service" means any service or facility provided by Bord Telecom Éireann as a means of or relating to telecommunications and includes, where the context admits or requires, a service or facility comprised in or ancillary to any such service or facility;

"telephone" means a transmitting or receiving instrument used or intended to be used for the purpose of transmitting or receiving telephonic messages and includes Eircell equipment;

"telephone call" means a call made to or from a telephone;

"telephone exchange" means an exchange forming part of the Bord Telecom Éireann system for provision of telephone service;

"telephone exchange line" means a telecommunications line provided for the purpose of connecting a telephone exchange with a public telephone or a telephone subscriber's telephone, together with all fixtures and accessories associated therewith whether or not in or on the telephone subscriber's premises but excluding Eircell equipment;

"telephone group" has the meaning assigned to it by Article 52 of this Scheme;

"telephone information service" means a service (whether provided by Bord Telecom Éireann or by others or by Bord Telecom Éireann in conjunction with others) whereby information is provided to callers;

"telephone service" means a service whereby telephonic messages may be transmitted through the public switched telephone exchange system of Bord Telecom Éireann and includes, where the context admits or requires, any service or facility provided by Bord Telecom Éireann and comprised in such service;

"telephone subscriber" means a person with whom Bord Telecom Éireann makes, has made, or is deemed to have made an agreement for the purpose of enabling such person to communicate with other persons by means of the telephone service and also means a person to whom such service has been or is being provided;

"telephone subscriber's premises" means the subscriber's premises of a telephone subscriber;

"telephonic message" means a message or communication transmitted by telephone and includes the transmission of data;

"teleprinter" means a transmitting or receiving instrument used or intended to be used for the purpose of transmitting or receiving telex messages by means of electricity or otherwise;

"telex call" means a call made through the telex service;

"telex booth" means a telex installation (other than a telex installation rented by a telex subscriber) to which members of the public have access whether continuously or for such daily periods as may be determined, prescribed or permitted from time to time by Bord Telecom Éireann or its agents as the case may be;

"telex exchange" means an exchange forming part of the Bord Telecom Éireann system for provision of telex service;

"telex installation" means that part of a telex line and also the fixtures and accessories associated therewith on a telex subscriber's premises and includes, where the context admits or requires, Eirpage equipment;

"telex line" means a telecommunications line provided for the purpose of connecting a telex subscriber's premises and a telex exchange together with any fixtures and accessories associated therewith whether or not in or on the telex subscriber's premises;

"telex message" means a message or communication transmitted by telex;

"telex service" means the service whereby telex messages may be sent directly between the sender and the recipient through the public telex network of Bord Telecom Éireann;

"telex subscriber" means a person with whom Bord Telecom Éireann makes, has made, or is deemed to have made an agreement for the purpose of enabling such person to communicate with other persons by means of the telex service and also means a person to whom such service has been or is being provided;

"telex subscriber's premises" means the subscriber's premises of a telex subscriber;

"trunk call" means any telephone call which is not a local call and includes all telephone calls made to Eircell equipment;

"type-approved apparatus" means apparatus or equipment which is of a type approved by a competent authority for the time being duly authorised in that behalf for connection to or use in conjunction with a telecommunications line of Bord Telecom Éireann;

"urgent call" means a trunk call for which precedence is requested by the telephone subscriber or caller and to which Bord Telecom Éireann assigns such degree of precedence over other trunk calls which it considers appropriate;

"videoconference service" means a point to point non-switched service providing communication between persons in different locations combining audio communications and moving pictures of persons using the service and may include data transmission, still picture display and facsimile; and

"videoconference subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the purpose of enabling such person to use the videoconference service of Bord Telecom Éireann and also means a person to whom such service has been or is being provided.

(2) References in this Scheme to the use of a telecommunications service by a subscriber shall be construed as references to use by means of facilities provided to such subscriber whether the telecommunications service is used by the subscriber or by another person (whether or not such person is acting with the authority of the subscriber).

(3) In this Scheme, except so far as the contrary is provided or the context otherwise requires, references to anything being or having been done by or under this Scheme shall be construed as including references to that thing being done or having been done by or under any previous enactment, regulation or scheme relating to telecommunications services and by or under the corresponding section, regulation, paragraph or article therein.

(4) Any reference in this Scheme to, or to any provision of, any enactment, regulation or scheme shall be construed, unless the context otherwise requires, as a reference to such enactment or regulation or scheme or such provision thereof as amended, re-enacted or replaced whether before or after the commencement of this Scheme by any other subsequent enactment, regulation or scheme.

(5) Any word or expression to which a particular meaning is assigned by the Telegraph Acts, 1863 to date, the Post Office Acts, 1908 to 1951, or the Postal and Telecommunications Services Acts, 1983 and 1984, and, for the avoidance of doubt, to include meanings assigned by any amendment, re-enactment or replacement of such Acts shall in this Scheme includes, except where the context otherwise requires, the meaning so assigned.

(6) The Minister for Tourism, Transport 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. Nothing in this Scheme shall alter or affect the terms of an agreement made before the date of coming into operation of this Scheme with reference to any matters arising under such agreement before that date.

PART II. TELECOMMUNICATIONS SERVICES.

Chapter 1—Scope

7. The Articles in this Part of this Scheme apply to telecommunications services generally.

Chapter 2—Agreements

8. Every applicant for a telecommunications service may, before he is provided with such service, be required to enter into an agreement in respect of such service.

9. A subscriber shall not, except with the written consent of Bord Telecom Éireann, assign an agreement in whole or in part or any benefit or advantage thereunder and neither shall he, without such consent, make any arrangement concerning anything to which the agreement or service relates.

Chapter 3—Accounts and Payments

10. Subject to the Acts, any subscription payable under this Scheme shall commence, unless otherwise provided in this Scheme or otherwise decided by Bord Telecom Éireann or otherwise agreed, on the day when Bord Telecom Éireann first makes available to the subscriber the telecommunications service to which the subscription relates. Bord Telecom Éireann may charge a proportionate amount of such subscription in respect of the period between the first provision of the telecommunications service and the first day of the next period in respect of which an account would ordinarily issue.

11. Unless otherwise agreed or Bord Telecom Éireann otherwise decides, all subscriptions, fees, charges, expenses, damages and security deposits payable to Bord Telecom Éireann by a subscriber pursuant to an agreement or this Scheme shall be paid as soon as an account or demand therefor is rendered to the subscriber. Accounts shall be issued by Bord Telecom Éireann 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 service or a particular subscriber.

12. (1) In an account rendered to a subscriber of charges for use of a telecommunications service it shall not be necessary for Bord Telecom Éireann to furnish particulars of either:

( a ) The number of calls made; or,

( b ) the individual charges in respect of such calls.

(2) Should particulars of the number of calls made or of the number of calls of any type made or particulars of the individual charges in respect of such calls be furnished to and at the request of a subscriber there shall be charged to the subscriber the appropriate charges specified in the Schedules to this Scheme.

13. Bord Telecom Éireann may from time to time require security for, or advance payment in respect of any subscription, fee, charge or expense payable or to be payable by a subscriber or by an applicant for a telecommunications service under an agreement, the Acts or this Scheme.

14. Bord Telecom Éireann may from time to time stipulate a maximum usage which may be made of a telecommunications service by a particular subscriber in a prescribed period or periods.

15. If,

( a ) after an account in respect of any telecommunications service has been rendered, any subscription, fee, charge, expense or damages, payable by a subscriber under an agreement, the Acts, this Scheme or otherwise is not paid in full within 14 days; or,

( b ) a subscriber or applicant has failed to render or give, or to have rendered or given, security for or advance payment required by Bord Telecom Éireann under an agreement, the Acts, this Scheme, or otherwise, in respect of charges for telecommunications services provided or to be provided by it by the day on which it is due to be rendered or given; or

( c ) Bord Telecom Éireann stipulates a maximum usage under Article 14 and such maximum usage is exceeded;

Bord Telecom Éireann may, without notice and without prejudice to the terms of the agreement, the Acts or this Scheme, wholly or in part suspend all or any telecommunications services provided to the said subscriber or applicant and, in the case of any such suspension, may, in respect of restoration of such service or services, require security or advance payment and may make the appropriate charges provided for in the Schedules to this Scheme.

16. If:

( a ) the subscription or any fee, charge, expense, damages or advance payment payable by a subscriber in respect of any telecommunications service to Bord Telecom Éireann under an agreement, the Acts, this Scheme or otherwise is in arrear for 21 days after the day on which it is due to be paid; or,

( b ) a subscriber or applicant fails to render to give or to have rendered or given such security for charges as may be required under an agreement, the Acts or this Scheme on the day on which it is due to be rendered or given; or

( c ) a 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

( d ) the subscriber is a company, should any meeting of its creditors be called pursuant to Section 266 of the Companies Act, 1963 , or, should it enter any liquidation, or have a receiver of its assets appointed, or have a provisional liquidator appointed, or should a petition for its winding up be advertised or presented, or should a petition for the appointment of an examiner be presented; or

( e ) a subscriber fails to observe and perform any of the terms of the agreement or of any other contract or agreement whatsoever with Bord Telecom Éireann or fails to comply with any provisions of the Acts, this Scheme, or of any other statute, regulation, licence, consent, or requirement to obtain any licence or consent applicable to the subscriber;

Bord Telecom Éireann (without prejudice to any right or remedy of Bord Telecom Éireann under the agreement, the Acts or this Scheme and notwithstanding the waiver of any previous breach) may terminate at any time thereafter any or all agreements with the subscriber, by notice in writing to that effect as and from the date of such notice and may thereupon cease to provide telecommunications services to such subscriber. Bord Telecom Éireann shall also be entitled to recover from the subscriber forthwith all telecommunications lines, fixtures and accessories together with the balance of the subscription, fee, charge, expense or damages due in accordance with the terms of such agreements.

17. Bord Telecom Éireann may, in any case in which it may consider it just or reasonable so to do, remit any sum payable under an agreement, the Acts, this Scheme or otherwise.

18. (1) Bord Telecom Éireann may from time to time increase or reduce the subscription, fees or charges in respect of any tele-communications service. In the event of an increase it shall give notice of such increase. No increase under this Article shall take effect before the expiration of the period of 14 days beginning on the date of the notice relating thereto and required to be given by this Article.

(2) When any increase or reduction under this Article takes effect agreements in respect of the telecommunications service affected shall be construed as if the increased or reduced subscription, fee or charge were provided for therein.

19. Bord Telecom Éireann may, be notice in writing to a subscriber or an applicant for telecommunications service require that accounts in respect of subscriptions, fees, charges, expenses, damages, security deposits or advance payments payable or to be payable by the subscriber or applicant under an agreement, the Acts or this Scheme be discharged in such manner, by such time and by such method as Bord Telecom Éireann may designate either generally or in relation to any particular service or any particular subscriber.

20. Where:

(1) a cheque is tendered to Bord Telecom Éireann in purported discharge (whether in whole or in part) or any subscription, fee, charge, expense, damages, security, advance payment or other sum properly payable by a subscriber or by an applicant for telecommunications service under the agreement, the Acts or this Scheme and is returned unpaid to Bord Telecom Éireann; or

(2) any other method of payment is used with a view to discharging wholly or in part any such subscription, fee, charge, expense, damages, security, advance payment or other sum properly payable by a subscriber or by an applicant for telecommunications service under the Agreement, the Acts or this Scheme and the use of such method of payment is for any reason dishonoured in whole or in part;

Bord Telecom Éireann may (without prejudice to any right or remedy of Bord Telecom Éireann under an agreement, the Acts, or this Scheme) charge the subscriber or applicant the additional sum (if any) specified in the appropriate Schedule to this Scheme.

21. If a subscriber wishes to dispute the amount of or basis for any subscription, fee, charge, expense, damages, security, advance payment or other sum which is demanded from him by Bord Telecom Éireann he may do so by notice in writing given to Bord Telecom Éireann within 14 days from the date on which the account in respect thereof shall have been first rendered to him by Bord Telecom Éireann and if he fails to do so within that time he shall not be entitled thereafter to dispute or challenge the amount or basis of such subscription, fee, charge, expense, damages, security, advance payment or such other sum.

22. There shall be paid by a subscriber or applicant for a telecommunications service in addition to any subscription, fee, charge, expense, damages, security, advance payment or other sum properly payable by a subscriber or by an applicant for a telecommunications service under an Agreement or this Scheme, the appropriate amount from time to time of Value Added tax or similar tax, duty or impost levied from time to time by any appropriate authority.

23. (1) Wherever under this Scheme any sum of money shall be owing to Bord Telecom Éireann by a subscriber or by any other person in respect of any telecommunications service or otherwise, the same or any part thereof may be deducted from any sum due by Bord Telecom Éireann to the subscriber or such other person or held by Bord Telecom Éireann on behalf of the subscriber or such other person.

(2) If the subscription or any fee, charge, expense or damages payable by a subscriber in respect of any telecommunications service to Bord Telecom Éireann under an Agreement, the Acts or this Scheme is in arrear for 21 days after the day on which it is due to be paid, Bord Telecom Éireann (without prejudice to any other right or remedy it may have under an agreement, the Acts or this Scheme) may charge interest upon such sum at a rate equal to the A rate for overdrafts charged for the time being by Allied Irish Banks plc calculated from the due date until the date for payment.

24. (1) Where a subscriber or applicant for telecommunications services requests Bord Telecom Éireann to supply telecommunications services to a particular premises or part of a premises, Bord Telecom Éireann shall be entited to request such subscriber or applicant to provide such evidence as Bord Telecom Éireann considers satisfactory as to the entitlement of such subscriber to occupy such premises or part of a premises.

(2) Where an application is made for telecommunications services, Bord Telecom Éireann shall be entited to request such evidence as it considers satisfactory as to:

( a ) the identity of the applicant and the subscriber or proposed subscriber;

( b ) the authority of the applicant to seek service in the name of the subscriber or proposed subscriber; and

( c ) any matter which Bord Telecom Éireann deems material to the credit worthiness of the applicant, subscriber or proposed subscriber.

(3) Where Bord Telecom Éireann seeks evidence under paragraphs (1) or (2) of this Article, it shall be at liberty to decline to provide telecommunications services until such evidence is furnished.

Chapter 4—Use of telecommunications services.

25. (1) No telecommunications service shall be used:—

( a ) for the transmission of any message or other matter which is grossly offensive or of an indecent, obscene, or menacing character whether addressed to a telecommunications exchange operator or any other person;

( b ) for the persistent making or attempted making of calls for the purpose of causing annoyance, inconvenience or needless anxiety to any person;

( c ) for the transmission of any message or other matter, which the sender knows to be false, for the purpose of causing annoyance, inconvenience or needless anxiety to any person;

( d ) in any manner which, in the opinion of Bord Telecom Éireann, may adversely affect the use of any telecommunications service by other subscribers or which may adversely affect any telecommunications service as a whole; or

( e ) otherwise than in accordance with instructions given by Bord Telecom Éireann from time to time under Article 47 (2) (c) of this Scheme or otherwise.

(2) Members of the public shall not be incited, encouraged or induced to call or to attempt to call simultaneously or otherwise, in the opinion of Bord Telecom Éireann, unreasonably a specified telecommunications line.

(3) Bord Telecom Éireann may suspend, without notice, all or any telecommunications services provided to, or refuse to provide such service to, any person who is the subscriber in respect of a telecommunications service used in contravention of this Article.

(4) Where Bord Telecom Éireann exercises any of its powers under this Article, it shall not be obliged to return or refund any charge or subscription in consideration of such exercise.

(5) Where Bord Telecom Éireann exercises any of its powers under this Article, such exercise shall not prejudice or affect the exercise of any other right or remedy of Bord Telecom Éireann.

(6) A subscriber shall comply with any directions given by Bord Telecom Éireann as to the manner of using any telecommunications service.

26. Nothing in this Scheme, an agreement or elsewhere shall preclude Bord Telecom Éireann from using any telecommunications line of which a subscriber may have use, for any purpose (including the provision of a telecommunications service to other persons) involving the carrying of electrical currents over such telecommunications line at frequencies different from those at which currents are carried over such line in connection with the telecommunications service provided to such subscriber.

27. If, of the calls made to a telecommunications line in any period determined by Bord Telecom Éireann, the number not completed on demand for any reason exceeds 25% of the number so completed, Bord Telecom Éireann may give to the subscriber notice in writing, accompanied by a certified record of the calls, requiring him to hire such number of additional telecommunications lines or to take such other steps as in the opinion of Bord Telecom Éireann are necessary to meet the requirements of telecommunications traffic to and from such telecommunications line and if the subscriber fails to comply with such notice within 28 days of its receipt Bord Telecom Éireann may suspend all or any telecommunications services provided to, or terminate all or any of its agreements with, the subscriber at any time thereafter by notice in writing to that effect.

28. (1) If a subscriber makes practice of allowing a telecommunications line to be used by members of the public for the transmission of messages which are not on the subscriber's business or private affairs or exhibits an invitation to members of the public so to do, the subscriber shall collect, on each occasion such telecommunications line is so used by a member of the public, a sum not less than the highest appropriate sum chargeable to a caller for a similar call made from a public telephone or telex booth as the case may be.

(2) Where a subscriber causes or permits to be connected to an exchange line a coinbox which is adjusted or set to impose upon callers call charges other than those of or specified by Bord Telecom Éireann, the subscriber shall cause to be displayed prominently at, near or on such coinbox a notice which advise callers:

( a ) that the call charges are charges other than those of or specified by Bord Telecom Éireann; and,

( b ) of the amount of such charges.

29. Bord Telecom Éireann may, in circumstances in which it considers it advisable so to do and on the conditions determined by it, enter into agreements with two or more persons to provide telecommunications services at their respective premises by means of a common telecommunications line for all or part of the route from the said premises to the exchange with which the subscribers are connected and the provisions of this Scheme shall apply to each of the said subscribers in the same manner and to the same extent as if telecommunications service had been provided at their respective premises by means of separate telecommunications lines.

30. Nothing in an agreement, this Scheme or elsewhere shall be regarded as entitling a subscriber to carry on the business of collecting, receiving or delivering messages or other communications transmitted by a telecommunications line or to carry on any business of like kind.

31. Bord Telecom Éireann may contract with any subscriber for the regular use of a telecommunications service at reduced rates.

32. Bord Telecom Éireann may determine the duration of any call and if a call continues for a period exceeding the duration determined by Bord Telecom Éireann, it may, if it considers it desirable in relation to the proper provision of a telecommunications service, interrupt, disconnect or interrupt and disconnect the call.

Chapter 5—Telecommunications Lines, Fixtures and Accessories, and Subscriber Equipment.

33. (1) Bord Telecom Éireann or its agents shall, in accordance with an agreement, provide telecommunications lines and fixtures and accessories.

(2) The method of provision of telecommunications lines and fixtures and accessories shall be at the absolute discretion of Bord Telecom Éireann and a subscriber shall afford all necessary and reasonable facilities for the completion of the work and for the maintenance and continuing provision of the said telecommunications lines and fixtures and accessories.

(3) If, after acceptance of an application for a telecommunications service by Bord Telecom Éireann and after expense is incurred by Bord Telecom Éireann in providing a telecommunications line and fixtures and accessories, a subscriber should notify his desire to withdraw from the agreement before a telecommunications service on the said telecommunications line or fixtures and accessories has been given or should he refuse or neglect to afford the facilities necessary or reasonable for the completion of the work, the subscriber shall pay to Bord Telecom Éireann on demand:

( a ) a sum equivalent to the subscription for the full term or the minimum term provided under the agreement; and

( b ) the amount of the costs and expenditure incurred by Bord Telecom Éireann in and about all works undertaken for the provision of the said telecommunications line, fixtures and accessories up to the date of the said notice of withdrawal or refusal or neglect to afford facilities as aforesaid, together with the costs and expenses of the recovery and removal of any works so completed.

34. (1) A subscriber shall grant to Bord Telecom Éireann and its duly authorised employees and agents every reasonable facility in his power for the construction, examination and maintenance of the telecommunications line and fixtures and accessories and for the examination of any subscriber equipment connected to the telecommunications line and shall permit Bord Telecom Éireann at all reasonable times to have free access to the subscriber's premises and any place in which such telecommunications line and fixtures and accessories or subscriber equipment (or any part thereof) is situated or happens to be.

(2) A subscriber shall afford every reasonable facility in his power or procurement for the construction, examination and maintenance of a telecommunications line and fixtures and accessories provided or sought to be provided by Bord Telecom Éireann to any other person.

(3) If Bord Telecom Éireann, after written notice on its behalf by any duly authorised employee or agent has been given to the subscriber, shall be unable to obtain any facility referred to in paragraph (1) or (2) of this Article or in paragraphs (2) and (3) or Article 33, Bord Telecom Éireann may, without prejudice to the terms of any relevant agreement or to the other provisions of this Scheme, either terminate all or any agreements with the subscriber at any time thereafter by notice in writing to that effect or wholly or in part suspended all or any telecommunications services provided to such subscriber until such facility is afforded. In the case of any such suspension Bord Telecom Éireann may make in respect of the restoration of such service or services the charges provided for in this Scheme.

35. A subscriber shall pay, on demand, to Bord Telecom Éireann the certified cost of repairing, renewing or replacing in stock any part of the telecommunications line and fixtures and accessories which may be stolen or lost or which may be destroyed or damaged by fire or other cause whether or not such theft, loss, destruction or damage is caused by any act or omission of the subscriber.

36. (1) Bord Telecom Éireann may, if it thinks fit and at the request and expense of a subscriber, make any alteration to the telecommunications line or fixtures and accessories (including the line or wires so far as they are within the boundaries of the subscriber's premises) or remove the telecommunications line or fixtures and accessories 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.

(2) The terms of the relevant agreement and the provisions of this Scheme shall apply to the telecommunications line and fixtures and accessories thus altered or removed and such terms and provisions shall not be prejudiced by any total or partial interruption of telecommunications service or communication caused by such alteration or removal.

37. (1) A subscriber shall be responsible for the safety of any telecommunications lines and fixtures and accessories on the subscriber's premises of which he has the use and he shall not:

( a ) damage, alter or remove the same; or,

( b ) without the consent in writing of Bord Telecom Éireann, connect any other telecommunications line or other fixtures and accessories or subscriber equipment to the same; or,

( c ) obliterate any marks, words, or numbers thereon; or,

( d ) permit any such damage, alteration, removal, connection, or obliteration.

(2) Paragraph (1) of this Article shall not operate to prevent subscribers or licenses of a competent authority for the time being duly authorised in that behalf from connecting type-approved apparatus to a connection point of a telecommunications line supplied by Bord Telecom Éireann.

(3) A subscriber shall ensure that all subscriber equipment connected to telecommunications lines provided to him is type-approved apparatus.

(4) The connection of subscriber equipment to a telecommunications line shall be effected in a manner which facilitates convenient connection to and disconnection from, the telecommunications line (and in accordance with standards laid down from time to time by Bord Telecom Éireann or other competent authority) to enable Bord Telecom Éireann to test separately the said subscriber equipment and the telecommunications line to facilitate the installation, maintenance and inspection of the telecommunications line and fixtures and accessories.

(5) Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify telecommunications lines, fixtures and accessories, exchanges and other equipment and does not guarantee that subscriber equipment (including type approved apparatus) connected to such telecommunications line or fixtures and accessories shall continue to operate or shall continue to operate in the same manner following such alteration, replacement or modification.

(6) A subscriber shall (without prejudice to the terms of the agreement or to the provisions of this Scheme) make good on demand the certified expense to which Bord Telecom Éireann or any other person may be put (including but not limited to the expense incurred in causing employees or agents of Bord Telecom Éireann to attend at the subscriber's premises) and the certified loss and damage which Bord Telecom Éireann or such other person may suffer by reason of any breach of this Article or by reason of any defect in, failure of, or damage caused by subscriber equipment connected to a telecommunications line or fixtures and accessories of which he has the use.

(7) A subscriber shall, on being required by Bord Telecom Éireann so to do, cease to use and forthwith remove subscriber equipment which has been connected in contravention of this Article and, in the event of failure to do so, Bord Telecom Éireann may remove such subscriber equipment or cause it to be removed.

(8) For the purpose of this Article and Article 34, a telecommunications line or fixtures and accessories or subscriber equipment shall be regarded as connected to another telecommunications line or fixtures and accessories where any such first-mentioned telecommunications line or fixtures and accessories or subscriber equipment and any such second-mentioned telecommunications line or fixtures and accessories are continuously or intermittently:

( a ) attached or connected directly or indirectly by whatever means; or,

( b ) placed or used together in electrical, telegraphic or acoustic coupling or connection; or,

( c ) placed or used together in such a way or position that one is capable of transmitting or receiving or otherwise communicating to or from the other.

38. If a subscriber fails to give forthwith any undertaking required by Bord Telecom Éireann to pay the certified cost of alterations to any telecommunications line considered by Bord Telecom Éireann to be necessary to prevent injury to it or interference with it by electric lighting, plant or equipment use or to be used by or erected by or on behalf of him or other person, Bord Telecom Éireann may by notice in writing terminate all of any agreements with such subscriber as and from the date of the notice and he shall not be entitled to any payment of compensation from Bord Telecom Éireann except the return of so much of the subscription as has been paid in a period in advance of the date of such termination and balance of any sum paid to Bord Telecom Éireann as security for or advance payment in respect of charges in respect of telecommunications services less the value of any subscription, fees, charges, expenses or damage or other sums due by him to Bord Telecom Éireann pursuant to an agreement, the Acts, this Scheme or otherwise.

39. On the termination of an agreement a subscriber shall surrender to Bord Telecom Éireann the telecommunications line and all fixtures and accessories to which the agreement relates in as good a condition as when received, ordinary wear and tear only excepted. Bord Telecom Éireann may remove the telecommunications line and all fixtures and accessories and, for that purpose, its employees and agents shall have access at all reasonable times to the subscriber's premises and to all other premises under his control and to all other places or premises necessary for that purpose. The subscriber shall not be entitled to compensation except, subject to the agreement, a return of so much of the subscription as has been paid for a period in advance of the date of termination and the balance of any sum paid to Bord Telecom Éireann in security or advance payment in respect of such service less the value of any fees, charges, expenses or damages due to Bord Telecom Éireann under the agreement, the Acts or this Scheme or otherwise. In the event that Bord Telecom Éireann does not remove such telecommunications line and all fixtures and accessories or part thereof the subscriber shall discharge to Bord Telecom Éireann on demand a sum which in the opinion of Bord Telecom Éireann represents the monetary value of any unremoved telecommunications lines or fixtures and accessories.

Chapter 6—Transfer

40. Where a subscriber terminates an agreement in respect of a telecommunications service and does not continue to take such telecommunications service under a new agreement he may, with the consent of Bord Telecom Éireann, transfer the telecommunications line and fixtures and accessories formerly rented by him to another occupier of the place or premises to which Bord Telecom Éireann is willing to provide service. If the unexpired term of the subscriber's former agreement exceeds one month he may be allowed a rebate of subscription due under the terms of his agreement in respect of the unexpired term in excess of one month. No rebate shall be allowed in respect of any period prior to the date on which the new subscriber accepts liability for the subscription, fees, charges, expenses or damages in respect of telecommunications service provided or to be provided to the new subscriber on the telecommunications line and the fixtures and accessories so transferred.

41. Where a transfer in accordance with Article 40 of this Scheme occurs, the subscription in respect of the new subscriber may be for such minimum period and on such terms as Bord Telecom Éireann shall determine and shall be due as and from the date the new subscriber accepts liability for the subscription, fees, charges, expenses or damages in respect of the telecommunications service provided or to be provided on the telecommunications line and fixtures and accessories so transferred. Subject to the aforesaid, the subscription shall be payable in accordance with this Scheme.

Chapter 7—General

42. (1) The records and documents (including information in any form) of Bord Telecom Éireann may be created, recorded, stored, maintained, transmitted, reproduced and communicated by any electronic, photographic, computerised or other process.

(2) Where in pursuance of paragraph (1) of this Article such records or documents are created, recorded, stored, maintained, transmitted, reproduced or communicated by any electronic, photographic, computerised or other process, a document or record produced by any such process shall be admissible in evidence in any Court, tribunal or other forum.

43. (1) Any notice which may be given by Bord Telecom Éireann under an agreement, the Acts or this Scheme shall (without limiting the manner in which Bord Telecom Éireann may give such notice) be deemed to have been duly given to any person or persons generally, as the case may be:

( a ) if the notice is left at the person's premises or is sent to him by ordinary post at the address specified as his in the agreement or any other address notified by or agreed with the subscriber or any other address deemed by Bord Telecom Éireann to be reasonable in the circumstances; or

( b ) the notice is addressed to persons generally by publication in such number of national daily newspapers published in the State as Bord Telecom Éireann shall determine.

(2) Any account which may be rendered by Bord Telecom Éireann under any agreement, the Acts or this Scheme shall (without limiting the manner in which Bord Telecom Éireann may render such account) be deemed to have been duly rendered to a subscriber if a copy of the account is left at the subscriber's premises or is sent to him by ordinary post at the address specified as his in the agreement or at any other address notified by or agreed with the subscriber or at any other address deemed by Bord Telecom Éireann to be reasonable in the circumstances.

(3) A notice or account addressed to any person may be incorporated in or associated with any other communication from Bord Telecom Éireann.

(4) Any notice or account sent to any person by ordinary post shall be deemed to have been received by him on the day that is the second postal day after the day of such posting.

44. An employee or agent of Bord Telecom Éireann, before exercising any power or duty conferred or imposed by the Acts or by this Scheme, and where the exercise of such power or duty makes it necessary or desirable that he should present himself in person to a person affected by such exercise, shall, if requested by such person, produce a document of identity to such a person.

45. (1) The distance between two points, for the purpose of computing a charge for the use of a telecommunications service, shall, at the absolute discretion of Bord Telecom Éireann, be measured either in a straight line in a horizontal plane or in accordance with the route taken or to be taken between the two points by the telecommunications line used or to be use or any combination of the foregoing.

(2) Every doubt, question or dispute which arises under this Article in respect of distances or other matters shall be determined by Bord Telecom Éireann.

46. 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 Bord Telecom Éireann.

47. (1) The subscriber shall have no proprietary interest in any telephone number, Freefone 1800 number, 1850 number, Freefone name, Eircell number, telex number, telex answer back code, Network User Identity, Network User address or any other name, code or number whatsoever allocated by Bord Telecom Éireann from time to time to a subscriber for use in connection with any telecommunications service.

(2) Bord Telecom Éireann reserves the right at its absolute discretion:

( a ) at any time, to alter or replace the exchange serving a subscriber, or to alter the subscriber's telephone number, Freefone name, Freefone 1800 number, 1850 number, Eircell number, telex number, telex answer back code, Network User Identity, Network User Address or any other name, code or number whatsoever allocated by Bord Telecom Éireann from time to time to a subscriber for use in connection with any telecommunications service;

( b ) in the event of war or the proclamation of an emergency, to cease summarily to provide telecommunications services to a subscriber or to subscribers generally;

( c ) without prejudice to any other provision of this Scheme, to give such instructions concerning the use of telecommunications services, telecommunications lines and fixtures and accessories as Bord Telecom Éireann decides from time to time in the interests of safety, of the quality of service, of other subscribers, or of telecommunications services as a whole or for any other reason which Bord Telecom Éireann deems sufficient and any such instructions while they are in force shall be deemed to form part of this Scheme.

(3) Should a subscriber request a change in or replacement of the telephone number, Freefone 1800 number, 1850 number, Freefone name, Eircell number, telex number, telex answer back code, Network Users Identity, Network users address or any other name, code or number whatsoever allocated by Bord Telecom Éireann, Bord Telecom Éireann may, at its absolute discretion, change or alter such name, code or number. There shall be charged to the subscriber and paid by such subscriber in respect of such changes or alteration the charge specified in the appropriate Schedule to this Scheme.

48. Bord Telecom Éireann shall not be liable for any failure on the part of Bord Telecom Éireann to perform any obligation under an agreement or this Scheme or for any failure, interruption or delay in providing or maintaining a telecommunications service or for any injury, loss or damage suffered as a result of:

( a ) acts of God, lightning, electric voltages and currents impressed on a telecommunications line or fixtures and accessories or subscriber equipment by lightning or otherwise, fires, floods, storms or other catastrophes; or

( b ) government control, restrictions or prohibitions; or

( c ) any other act or omission of any public authority (including Government) whether local, national, international; or supranational; or

( d ) the act or default of any supplier, agent or other person; or

( e ) strikes, trade disputes, work stoppages or labour disputes or difficulties (whether or not within Bord Telecom Éireann) or

(f) any other cause whatsoever (whether or not SUI GENERIS) where such other cause is beyond the reasonable control of Bord Telecom Éireann.

49. (1) Without prejudice to the generality of Section 88 (1), Postal and Telecommunications Services Act, 1983 , Bord Telecom Éireann shall not be liable for:

( a ) libel, slander or infringement of copyright or trade secrets arising from or in connection with the transmission of messages by means of telecommunications services provided by Bord Telecom Éireann;

( b ) infringement of patents and trade secrets arising from the combination or use of a telecommunications service provide by Bord Telecom Éireann with facilities, apparatus, equipment or services of a subscriber or any other person;

( c ) any claim arising out of any act or omission of a subscriber, his servants or agents;

( d ) unlawful or unauthorised use of telecommunications services or telecommunications lines or fixtures and accessories of Bord Telecom Éireann;

( e ) any claim arising out of a breach in the privacy or security of messages transmitted by means of a telecommunications service provided by Bord Telecom Éireann unless such breach results from a wilful act or omission of Bord Telecom Éireann its employees or agents;

( f ) any claim arising in relation to the provision, maintenance or use of telecommunications lines, channels, equipment, networks or services other than those of Bord Telecom Éireann;

( g ) any claim arising in relation to the non-availability or non-performance of a space satellite system or submarine or terrestial cable and any related facilities used for the provision of a telecommunications service;

( h ) any claim arising out of any alteration, replacement or modification of telecommunications lines, channels, equipment, networks or services that renders any subscriber equipment obsolete or which necessitates modification or alteration of such equipment or otherwise affects the use or performance of such equipment; and

( i ) any claim arising out of or resulting from the quality of, fitness for purpose of, compliance with description of, or compliance with sample of goods supplied by letting to a subscriber or other person by Bord Telecom Éireann under an agreement, this Scheme or otherwise unless the subscriber "deals as a consumer" (within the meaning of the Sale of Goods and Supply of Services Act, 1980 ).

(2) If any claim is made or threatened (whether by legal proceedings or otherwise) against Bord Telecom Éireann on the ground that publication by or on behalf of Bord Telecom Éireann of a directory containing a directory entry based on information furnished by or otherwise requested by subscriber, infringes the legal rights of the claimant, the subscriber shall indemnify Bord Telecom Éireann in respect of all loss and injury and all costs, fees and expenses incurred by it in respect thereof including any damages and costs awarded by any Court and any loss or injury suffered by compliance with any injunction.

(3) Where a telecommunications service between a point in the State and a point outside the State on or making use of a space satellite system, submarine or terrestial cable system, or any other system or any combination of such systems is provided or agreed to be provided by Bord Telecom Éireann in conjunction with other telecommunications service providers, companies, undertakings or administrations or in conjunction with the owners or operators of such space satellite system, submarine or terrestial cable system or other system, then such telecommunications service providers, companies, undertakings and administrations and such owners and operators of such space satellite systems, submarine and terrestial cable systems and other systems shall, where they have reached agreement to that effect with Bord Telecom Éireann and without prejudice to any other contractual or legal rights enjoyed by them, be immune from all liability in respect of any loss or damage suffered by a subscriber or other person in the use of such telecommunications service by reason of failure or delay in providing, operating or maintaining such a service or failure, interruption, suspension or restriction of such a service.

PART III TELEPHONE SERVICE

Chapter 1—General

50. The Articles in this Part of this Scheme apply to telephone service only but are in addition to the Article contained in Part II of this Scheme.

51. A telephone subscriber shall pay on demand to Bord Telecom Éireann for the installation, removal and rental of telephone exchange lines and fixtures and accessories specified in Part 1 of the First Schedule to this Scheme the charges specified in the said Part of the said Schedule opposite the mention of such telephone exchange lines and fixtures and accessories.

52. (1) Bord Telecom Éireann shall classify telephone exchanges into groups (in this Scheme referred to as "telephone groups") and shall determine in relation to each telephone group:

( a ) what telephone groups, if any, are to be regarded as adjacent to it; and

( b ) the point (in this Scheme referred to as the "group centre") which is to be used for measuring distances for the purpose of charging for telephone calls.

(2) Bord Telecom Éireann shall supply to a telephone subscriber, on demand, a list of the telephone exchanges which are for the time being either in the same telephone group as the telephone exchange with which the subscriber's telephone exchange line is connected or in the telephone groups which are regarded by Bord Telecom Éireann as being adjacent to that telephone group.

53. (1) In respect of every telephone call made from a telephone exchange line to:

( a ) a telephone exchange line in the same telephone group; or,

( b ) a telephone exchange line in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the telephone subscriber making the call; or,

( c ) Eirpage equipment

there shall be charged to the telephone subscriber and paid by him whichever of the charges specified in paragraphs 1 and 3 of Part 2 of the First Schedule to this Scheme is appropriate to such telephone call.

(2) ( a ) In respect of every telephone call made from a coinbox exchange line rented by a telephone subscriber to:

(i) a telephone exchange line in the same telephone group; or,

(ii) a telephone exchange line in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the coinbox exchange line from which the telephone call is made; or,

(iii) Eirpage equipment

there shall be charged to the telephone subscriber and paid by him whichever of the charges specified in paragraphs 2 (a) and 4 (a) of Part 2 of the First Schedule to this Scheme is appropriate to such telephone call.

( b ) In respect of every telephone call made from a public telephone to:

(i) a telephone exchange line in the same telephone group; or,

(ii) a telephone exchange line in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the public telephone from which the telephone call is made; or,

(iii) Eirpage equipment

there shall be charged to the caller and placed in the coinbox or credited to Bord Telecom Éireann in such manner as it may from time to time prescribe whichever of the charges specified in paragraphs 2 (b) or 4 (b) of Part 2 of the First Schedule to this Scheme is appropriate to such telephone call.

54. (1) In respect of every subscriber dialled trunk call made from a telephone exchange line there shall be charged to the telephone subscriber and paid by him a charge calculated in accordance with Part 3 of the First Schedule to this Scheme.

(2) In respect of every subscriber dialled trunk call made from a public telephone there shall be charged or placed in the coinbox or otherwise credited to Bord Telecom Éireann in such manner as it may from time to time prescribe (as appropriate) a sum calculated in accordance with Part 3 of the First Schedule to the Scheme.

(3) In respect of every subscriber dialled trunk call made from a coinbox exchange line rented by a telephone subscriber, there shall be charged to the telephone subscriber and paid by him a charge calculated in accordance with Part 3 of the First Schedule to this Scheme.

(4) In respect of any subscriber dialled call (including a subscriber dialled trunk call) made from a telephone exchange line rented by a telephone subscriber or made from a public telephone to Eircell equipment there shall be charged to the subscriber and paid by him the appropriate charges stated in Part 3 of the First Schedule to this Scheme.

55. (1) In respect of every trunk call (excluding subscriber dialled trunk calls) made by a telephone subscriber who rents an exchange line without a coinbox there shall be charged to the subscriber and paid by him the charge stated in Part 4 of the First Schedule to this Scheme.

(2) In respect of every trunk call (excluding subscriber dialled trunk calls) made from a coinbox exchange line rented by a telephone subscriber there shall be charged to the telephone subscriber and paid by him the charge stated in Part 5 of the First Schedule to this Scheme.

(3) In respect of every trunk call (excluding subscriber dialled trunk calls) which is made by a caller from a public telephone or coinbox exchange line rented by a subscriber there shall be placed or credited in the coinbox the appropriate charge stated in Part 5 of the First Schedule to this Scheme.

(4) In respect of every call (excluding subscriber dialled calls) made from a telephone exchange line rented by a telephone subscriber or made from a public telephone to Eircell equipment there shall be charged to the subscriber or caller and paid by him the appropriate charge stated in Part 4 and Part 5 of the First Schedule to this Scheme.

Chapter 2—Special Telephone Services

56. (1) There shall be charged and paid for a personal call the personal charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(2) Where a personal call is cancelled by the caller or telephone subscriber before it is connected or where a personal call is cancelled because a designated person is not available or neither the designated person nor a substitute for him is available the charge referred to in Section II of Part 6 of the First Schedule to this Scheme shall be charged and paid notwithstanding such cancellation.

57. (1) There shall be charged and paid for a fixed-time call irrespective of its duration the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(2) Where a fixed-time call is cancelled by a caller or subscriber before it is connected, there shall be charged as a cancellation fee the sum specified in Section II of Part 6 of the First Schedule to this Scheme.

(3) Where the sum chargeable and payable under paragraph (1) or (2) of this Article includes a fraction of one penny the said sum shall be rounded down to the nearest penny and the resulting sum shall be chargeable and payable.

58. Bord Telecom Éireann may provide a telephone call or a series of telephone calls at a fixed time at a rate of charge different from the charge fixed by or under this Scheme.

59. Subject to the provisions of this Scheme, urgent calls may be charged for at the rate specified in Section II of Part 6 of the First Schedule to this Scheme.

60. There shall be charged and paid in respect of the alarm clock call service the appropriate charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

61. There shall be charged to and paid for a call to a telephone information service the appropriate charge specified in Section II of Part 6 of the First Schedule to this Scheme.

62. (1) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Call Diversion") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may cause telephone calls to his telephone to be diverted to another telephone in the telephone group of the telephone subscriber or to a telephone in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the telephone subscriber or to such other categories of telephone 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 Call Diversion the charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(2) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Call Waiting") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone call may be interrupted by a message signifying that another telephone call is waiting for the telephone subscriber. There shall be charged to the telephone subscriber and paid by him in respect of Call Waiting the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(3) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Conference Calls") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby two or more telephone subscribers or callers using separate telephones may participate in a telephone call made by the telephone subscriber. There shall be charged to the telephone subscriber and paid by him in respect of Conference Calls the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(4) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Abbreviated Calling") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make telephone calls to certain telephones determined by the telephone subscriber through the use of abbreviated dialling. There shall be charged to the subscriber and paid by him in respect of Abbreviated Calling the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(5) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Hotline Service") to telephone subscribers generally, or so such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make telephone calls to certain telephones predeterminated by the telephone subscriber by lifting the handset and not dialling a number within a time determined by Bord Telecom Éireann. There shall be charged to the subscriber and paid by him in respect of Hotline Service the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(6) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Direct Dialling Inwards") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may receive telephone calls directly at internal extensions and in which the connection of calls to such internal extensions is effected by automatic switching. There shall be charged to the telephone subscriber and paid by him in respect of the Direct Dialling Inwards facility the appropriate charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(7) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Directory Enquiry Service") to telephone subscribers and callers generally or to such groups of telephone subscribers and callers as it shall determine, whereby a telephone subscriber or caller may be advised of the telephone numbers of persons identified by him. There shall be charged to the telephone subscriber or caller and paid by him in respect of the Directory Enquiry Service the appropriate charges specified in Section 2 of Part 6 of the First Schedule to this Scheme.

(8) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Call Barring") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may require it to limit the types of call which may be made on the subscribers exchange line. There shall be charged to the subscriber and paid by him in respect of Call Barring the charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

63. Bord Telecom Éireann may supply particulars of the duration of or charge for a completed call (excluding a subscriber dialled call) or of both such duration or charge at the request of a subscriber and there shall be charged to the subscriber and paid by him in respect of each call of which such particulars are supplied the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme which is appropriate to the call.

64. (1) A reverse charge call shall not be made to a coinbox exchange line rented by a telephone subscriber or to a public telephone.

(2) In any case where a reverse charge call is made to a telephone in the State (which for the avoidance of doubt is hereby deemed to include a coinbox exchange line rented by a telephone subscriber) there shall be charged to and payable by the telephone subscriber who is the telephone subscriber in respect of the called telephone, the charge specified in Section 1of Part 6 of the First Schedule to this Scheme which is appropriate to the call (save any personal charge).

(3) If, notwithstanding paragraph (1) of this Article, a reverse charge call is made to a coinbox exchange line or to a public telephone, Bord Telecom Éireann may at its discretion, and notwithstanding anything contained in paragraph (2) of this Article, direct that such sums as are chargeable and payable in respect of the said call shall be chargeable and payable by the subscriber who is the subscriber in respect of the calling telephone and in case Bord Telecom Éireann so directs the aforesaid sums shall be so chargeable and payable.

(4) A person making a telephone call from a coinbox exchange line rented by a telephone subscriber or from a public telephone, or the person answering on the called telephone may, before the termination of the telephone call, request of the telephone exchange operator that the duration of the telephone call be extended for a further period beyond the period in respect of which payment was made or in respect of which Bord Telecom Éireann was credited in such manner as it may prescribe from time to time and that the charges payable in respect of the further period shall be charged to and payable by the person who is the telephone subscriber in respect of the called telephone and when such a request is made and provided that the person answering on the called telephone consents to the request when it is made by the person making the telephone call the call may be so extended as if it were a newly established reverse charge call and paragraph (2) of this Article shall apply thereto from the time of its extension.

(5) In case a reverse charge call is made from a telephone in the State, subject to paragraph (3) of this Article, no charge or charges in respect of the call (save any personal charge) shall be payable by the telephone subscriber in respect of that telephone save as provided for in paragraphs (2), (3) and (4) of this Article.

(6) In relation to any reverse charge call, consent to the establishment of such a call shall be deemed to have been given by the subscriber in respect of the called telephone upon the acceptance of such call by any person answering on the called telephone (whether or not such a person is duly authorised by the subscriber to accept such a call).

65. (1) Bord Telecom Éireann may provide facilities for a telephone subscriber to receive Freefone 1800 calls following completion by such telephone subscriber of an agreement for Freefone 1800 service. There shall be charged to and paid by the telephone subscriber to whom the Freefone 1800 service is provided the applicable charges set forth in Section III of Part 6 of the First Schedule to this Scheme.

(2) Bord Telecom Éireann may provide facilities for a telephone subscriber to receive 1850 calls following completion by such telephone subscriber of an agreement for 1850 service. In respect of 1850 calls, there shall be charged to and payable by the caller or the subscriber (as appropriate) in respect of the calling telephone whichever of the charges specified in Section 111 of Part 6 of the First Schedule to this Scheme as is appropriate to such 1850 call. There shall be charged to and paid by the telephone subscriber to whom the 1850 service is provided the applicable charges set forth in Section 111 of Part 6 of the First Schedule to this Scheme.

66. A telephone subscriber may be given one free entry in and one free copy of any telephone directory published by or on behalf of Bord Telecom Éireann and relating to the area in which the telephone subscriber's premises is situated and the entry may be made in such terms, manner and order as Bord Telecom Éireann thinks fit. Subject as aforesaid there shall be charged to the telephone subscriber in respect of an entry in a telephone directory published by or on behalf of Bord Telecom Éireann the charges specified in Part 8 of the First Schedule to this Scheme. Bord Telecom Éireann may, irrespective of any cost to the subscriber, stipulate in relation to any telephone subscriber any reasonable requirements in relation to the contents or form of any directory entry relating to such subscriber.

Chapter 3—Telecards

67. (1) Bord Telecom Éireann may issue one or more Telecards to a telephone subscriber following application and payment by the telephone subscriber of the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

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

(3) A Telecard call shall be charged to and payable by a Telecard subscriber at the standard charge rate per call together with the Telecard call premium specified in Section 1 of Part 6 of the First Schedule to this Scheme.

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

69. Subject to this Scheme, a Telecard issued by Bord Telecom Éireann pursuant to Article 67 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 68 of this Scheme.

70. Bord Telecom Éireann shall be entitled at its absolute discretion to waive either or both of the charges specified in Article 67 of this Scheme for such period as it shall think fit.

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

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

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

72. Bord Telecom Éireann shall be entitled to issue and charge for, in accordance with Article 67, a further Telecard to a Telecard subscriber on the expiry in accordance with Article 69 of an existing Telecard issued to such Telecard subscriber unless the Telecard subscriber should give 28 days prior notice to Bord Telecom Éireann of his intention not to renew such Telecard issued to him.

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

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

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

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

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

Chapter 4—Eircell Service

74. This Chapter shall apply to the Eircell service in addition to the Wireless Telegraphy Acts, 1926 to 1988 and any measures replacing or amending them.

75. Where an agreement for Eircell service is concluded 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 to the Eircell subscriber.

76. Where equipment or apparatus in connection with Eircell service is purchased or leased by the Eircell subscriber or applicant, the terms of such purchase or leasing shall not be governed by this Scheme except to the extent provided for in Article 75 of this Scheme.

77. Bord Telecom Éireann shall provide to the Eircell subscriber the Eircell service and any fixtures and accessories listed in the agreement for Eircell service 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.

78. (1) An Eircell subscriber shall pay to Bord Telecom Éireann in respect of any call or attempted call originating in Eircell equipment, charges calculated in accordance with Part 7 of the First Schedule to this Scheme.

(2) An Eircell subscriber shall pay in advance in respect of subscription for Eircell service, the sums set forth in Part 7 of the First Schedule to this Scheme as demanded in accounts issued from time to time by Bord Telecom Éireann.

(3) An Eircell subscriber shall pay to Bord Telecom Éireann on demand in respect of access to the Eircell network the access charge set out in Part 7 of the First Schedule to this Scheme.

(4) An Eircell Subscriber shall pay on demand to Bord Telecom Éireann in respect of other services and facilities ancillary to Eircell service the appropriate charges set out in Part 7 of the First Schedule to this Scheme.

79. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked at any time) of Bord Telecom Éireann, Eircell service shall not be used by or on behalf of any person other than the Eircell subscriber for whom the Eircell service is provided. The Eircell 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.

80. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked at any time) of Bord Telecom Éireann, an Eircell 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 Eircell subscriber of the Eircell service provided on the application of the Eircell subscriber. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or of any other advantage or benefit of any kind or description.

81. An Eircell subscriber who fails to comply with any provisions of this Scheme or of any of the enactments, licences, consents or requirements specified in Article 75 hereof shall continue to be liable for any subscription, fee, charge, expense or damages already due or which would have become due in respect of the service to which the agreement applied.

PART IV PRIVATE TELECOMMUNICATIONS CIRCUITS

82. The Articles in this Part of this Scheme apply to private telecommunications circuits only but are in addition to the Articles contained in Part II of this Scheme.

83. A private telecommunications circuit subscriber shall pay on demand to Bord Telecom Éireann the appropriate charges specified in the Second Schedule to this Scheme.

84. Except with the written consent (which may be unconditional or subject to conditions may be amended, varied or revoked at any time) of Bord Telecom Éireann, a private telecommunications circuit shall not be used by or on behalf of any person other than the private telecommunications circuit subscribers for whom the private telecommunications circuit is provided and neither shall it be used for communication between a person or persons other than such private telecommunications subscribers.

85. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked at any time) of Bord Telecom Éireann, a private telecommunications circuit subscriber or private telecommunications subscribers 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 of the private telecommunications circuit provided to him or them. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or of any other advantage or benefit of any kind or description.

86. Provision, maintenance and use of a private telecommunications circuit between a point in the State and a point outside the State, in so far as it involves the provision, maintenance, or use of telecommunications lines, channels, equipment, networks or services other than those of or provided by Bord Telecom Éireann, shall be in accordance with and subject to arrangements made or to be made by Bord Telecom Éireann or the applicant for a private telecommunications circuit or the private telecommunications circuit subscriber (as appropriate) with other companies, undertakers or administrations. Private telecommunications circuit subscribers shall comply in full with such arrangements.

87. Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify all or any private telecommunications circuits between points in the State and points outside the State 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 or terrestial cable system; and

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

PART V TELEX SERVICE

88. The Articles in this Part of this Scheme apply to telex service only but are in addition to the Articles contained in Part II of this Scheme.

89. A telex subscriber shall pay on demand to Bord Telecom Éireann for the connection and use of a telex line and fixtures and accessories supplied by Bord Telecom Éireann the connection fee and the subscription specified in the Third Schedule to this Scheme as appropriate to the line or the fixtures and accessories so supplied.

90. (1) Subject to the provisions of this Scheme, the charge for each automatic telex call and for each telex call other than an automatic telex call made by a telex subscriber shall be the appropriate sum specified in the Third Schedule to this Scheme according to the description and duration of the call.

(2) In addition to the sums chargeable under paragraph (1) of this Article, there shall be charged and paid in respect of every telex call made by a caller from a telex booth, the telex booth charge specified in the Third Schedule to this Scheme.

(3) For the purposes of this Scheme the duration of a telex call shall be calculated from the time of the first receipt of the telex answer-back code of the called subscriber to the time when the means of communication terminates without regard to the length of time during which messages are being sent.

91. A telex subscriber may be given one free entry in and one free copy of any telex directory published by or on behalf of Bord Telecom Éireann and the entry may be made in such terms, manner and order as Bord Telecom Éireann thinks fit. Subject as aforesaid, there shall be charged to the telex subscriber in respect of an entry in a telex directory published by or on behalf of Bord Telecom Éireann the charges specified in the Third Schedule to this Scheme. Bord Telecom Éireann may, irrespective of any cost to the subscriber, stipulate in relation to any telex subscriber any reasonable requirements in relation to the contents or form of any directory entry relating to such subscriber.

92. (1) The paper and ribbons used in any teleprinter comprised in a telex installation or subscriber equipment shall be of a quality, kind of size for the time being approved by Bord Telecom Éireann.

(2) Except during such periods as Bord Telecom Éireann may otherwise permit, a telex subscriber shall at all times keep properly adjusted in any teleprinter comprised in a telex installation or sending or receiving apparatus or subscriber equipment an adequate supply of paper and ribbon in good condition or other means of message reception or storage, electronic or otherwise.

93. (1) Unless otherwise directed by Bord Telecom Éireann, a telex subscriber shall provide at his own expense in all respects a continuous supply of electricity as required by Bord Telecom Éireann for the installing and operation of the telex installation or any part thereof or sending and receiving apparatus or subscriber equipment. 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 Bord Telecom Éireann may from to time require.

(2) A telex subscriber shall pay the certified costs incurred by Bord Telecom Éireann of making such alterations to the telex installation or sending and receiving apparatus or subscriber equipment as it considers necessary to conform to any change made other than by Bord Telecom Éireann in the method of supplying the electricity to the said telex installation, apparatus or equipment or in the kind of electric current used.

(3) A telex subscriber shall at all times leave the electricity supply provided pursuant to paragraph (1) of this Article continuously connected to the telex installation or sending or receiving apparatus or subscriber equipment unless Bord Telecom Éireann otherwise permits.

94. At the request of a telex subscriber Bord Telecom Éireann may provide Pactex to the telex subscriber. There shall be charged to the telex subscriber and paid by him in respect of Pactex the appropriate charges specified in the Third Schedule to this Scheme.

PART VI EIRPAC SERVICE

95. The Articles in this Part of the Scheme apply to Eirpac service only but are in addition to the Articles contained in Part II of this Scheme.

96. (1) An Eirpac subscriber shall nominate an individual to provide a point of contact with Bord Telecom Éireann.

(2) An Eirpac subscriber shall be responsible for obtaining at his own expense all necessary consents from the owners or operators or computers, terminals or databases with which he wishes to communicate. Provision of service to an Eirpac subscriber does not give the Eirpac subscriber or any other person access by right to any computer, terminal or database to which access is available.

97. The charges fixed for Eirpac service are in addition to any charges in respect of telephone or other services or any telecommunications lines and fixtures and accessories rented by the subscriber from Bord Telecom Éireann for use directly or indirectly in connection with Eirpac service.

98. (1) Bord Telecom Éireann may at its discretion and where appropriate:

( a ) allocate to an Eirpac subscriber such code (called "Network User Identity") as Bord Telecom Éireann may think fit;

( b ) at the request of an Eirpac subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Eirpac subscriber, allocate to the Eirpac subscriber for such minimum period as Bord Telecom Éireann may determine, either generally or in relation to a particular case, one or more additional Network User Identities, or withdraw from the Eirpac subscriber any additional Network User Identity so allocated. Any such request, if not made in writing, shall be confirmed in writing by the Eirpac subscriber or the person making the request (such confirmation to be received by Bord Telecom Éireann before the day upon which such allocation is requested to take effect). There shall be charged to the Eirpac subscriber and paid by him in respect of compliance by Bord Telecom Éireann with each such request the charge specified in the Fourth Schedule to this Scheme.

(2) Bord Telecom Eireann may at its discretion from time to time, at the request of an Eirpac subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Eirpac subscriber, temporarily invalidate any Network User Identity allocated to an Eirpac subscriber. Any such request, if not made in writing, shall be confirmed in writing by the Eirpac subscriber or the person making the request, such confirmation to be received by Bord Telecom Éireann within seven days of the making of such request. The subscription for any Network User Identity shall continue to be payable in respect of any period of invalidation.

(3) Bord Telecom Éireann may at its discretion and where appropriate allocate to an Eirpac subscriber from time to time such code, called Network User Address, as Bord Telecom Éireann may think fit. Bord Telecom Éireann may at its discretion alter an Eirpac subscriber's Network User Address at any time.

99. (1) An Eirpac subscriber shall pay to Bord Telecom Éireann in respect of any Eirpac call or attempted Eirpac call originating from or on equipment or apparatus under his control Eirpac call charges calculated with reference to the total charges applicable to:

( a ) the volume of data passed through and measured in units (each capable of containing sixty four characters of data including non-alphanumeric characters and spaces, and known as segments) determined and recorded by the packet switching exchange and not by reference to the volume of data originated and received by the subscriber's equipment and apparatus; and

(b) the duration of the Eirpac call determined and recorded by the packet switching exchange.

(2) The charges applicable to the volume and duration referred to at (a) and (b) respectively of paragraph (1) above are set forth in the Fourth Schedule to this Scheme. Such charges shall be calculated at the appropriate rate by reference to the charging bands set out in the said Schedule to this Scheme.

(3) An Eirpac subscriber shall pay in advance to Bord Telecom Éireann in respect of subscription for Eirpac service the appropriate sums set forth in the Fourth Schedule to this Scheme.

(4) An Eirpac subscriber shall pay to Bord Telecom Éireann in respect of connection charges the sums set forth in the Fourth Schedule to this Scheme.

(5) An Eirpac subscriber shall pay to Bord Telecom Éireann in respect of the facilities listed in the Fourth Schedule to this Scheme the sums set forth in the said Schedule.

100. (1) At the request of an Eirpac subscriber Bord Telecom Éireann may provide Pactex to the Eirpac subscriber. There shall be charged to the Eirpac subscriber and paid by him in respect of Pactex the appropriate charges specified in the Fourth Schedule to this Scheme.

(2) At the request of an Eirpac subscriber, Bord Telecom Éireann may provide an electronic mailbox (in this Scheme referred to as "Pactex Mailbox") to enable the Eirpac subscriber to receive telex messages making use of Pactex. There shall be charged to the Eirpac subscriber and paid by him in respect of a Pactex Mailbox the charges specified in the Fourth Schedule to this Scheme.

101. (1) Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann Eirpac service shall not be used by or on behalf of any person other than the Eirpac subscriber for whom such service is provided. An Eirpac subscriber shall observe any requirements or restrictions of which Bord Telecom Éireann may from time to time notify him as to the use of the service by or on behalf of another person.

(2) Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann an Eirpac 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 Eirpac subscriber of Eirpac service provided on the application of the Eirpac subscriber. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or any other advantage or benefit of any kind or description.

102. An Eirpac subscriber who fails to comply with the provisions of Articles 99, 100 or 101 of this Scheme shall continue to be liable for any subscription, fee, charge, expense or damages payable or to become payable in respect of the Eirpac service.

PART VII VIDEOCONFERENCE SERVICE

103. The Articles in this Part of this Scheme apply to Videoconference service only but are in addition to the Articles contained in Part II of this Scheme.

104. (1) A videoconference subscriber shall pay on demand to Bord Telecom Éireann for the use of the videoconference service the charges specified in the Sixth Schedule to this Scheme.

(2) Where a videoconference is cancelled by a videoconference subscriber there shall be charged to the videoconference subscriber and paid by him the appropriate cancellation charge provided for in the Sixth Schedule to this Scheme.

105. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann, a videoconference service shall not be used by or on behalf of any person other than the videoconference subscribers for whom the videoconference service is provided.

106. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann, a videoconference subscriber or videoconference subscribers 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 of the videoconference service provided to him or them. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or of any other advantage or benefit of any kind or description.

107. (1) Provision and use of a videoconference service between a point in the State and a point outside the State in so far as it involves the provision or use of telecommunications lines, channels, equipment, networks or services other than those of or provided by Bord Telecom Éireann shall be in accordance with and subject to arrangements made or to be made by Bord Telecom Éireann or the applicant for videoconference service or the videoconference subscriber (as appropriate) with other telecommunications companies, undertakings or administrations. Videoconference subscribers shall comply in full with such arrangements.

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

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

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

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)

Full Rate:

The 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 (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)

Full Rate:

The 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 (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.

PART 3

Subscriber Dialled Trunk Calls

Article 54

TABLE

Full Rate: The 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 (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;

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

(iii) at or after 6 p.m. and before 12 p.m. from Monday to Friday (inclusive) for calls described in Paragraph 2 of the Table; and

(iv) at or after 8 a.m. and before 12 p.m. Saturday, Sunday and Public Holidays; for calls described in Paragraph 2 of the Table; and

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

Economy Rate: The economy rate applies to calls described in paragraph 2 of the Table made after 12 p.m. and before 8 a.m. everyday.

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

Article 55

PART 4

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

Full Rate: The 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 (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.

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

Article 55

PART 5

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

Full Rate: The 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 (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.

4. 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

Full Rate: The 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 (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.

4. 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 1

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.

Note

(i) Regional call charges apply to calls made from a telephone exchange line to a 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 Full 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 other than calls to which the Full Rate applies.

(v) Subscribers to whom the 1850 service is provided shall receive a credit of 11.17p per 1850 call received.

PART 7

Eircell

Article 78

Call Charges

Full Rate: The 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 (inclusive).

Reduced Rate: The Reduced Rate applies to calls made as follows:

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

( 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.

Article 66

PART 8

Telephone Directory Entries

Article 83

SECOND SCHEDULE

Private Telecommunications Circuits

1. 75—100 Baud: Charges for 50 Baud plus 20% 200 Baud: Charges for 50 Baud plus 50% (No longer provided)

3. Omnibus Circuit Rate.

4. Also M1030 quality

Within the State or to Northern Ireland, Great Britain, The Isle of Man and the Channel Islands.

Note:

1. Local End for 64 kBit and 2 MBit. to be charged in 100m steps.

2. These rates exclude the charge for national local and trunk extensions. (The main link element of the national extension is charged at the above 40 Km rate).

Lines, Extensions and Apparatus

Temporary Private Circuits

Subsidiary Apparatus-Temporary See Subsidiary Apparatus Section

ANALOGUE INTERNATIONAL

Annual Rentals (Irish Share only)

Note:

1. Additional charge for M1020 quality = £780 per annum

2. A connection charge of £200 applies to each analogue private leased circuit regardless of the type of circuit concerned.

3. Minimum term for variable term contract is 3 months.

The states covered by the International Zone Bands are as follows;

Zone 1: Andorra, Austria, Belgium, Denmark, Finland, France, Germany Greece, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, and Vatican City.

Zone 2: Albania, Algeria, Bulgaria, Cyprus, Czechoslovakia, Egypt, Gibraltar, Hungary, Iceland, Israel, Libya, Malta, Poland, Romania, Tunisia, Turkey, U.S.S.R., Yugoslavia.

Zone 3: North America.

DIGITAL INTERNATIONAL

Euroline: Digital Terrestrial Service to Europe

Eurostat: Digital Satellite Service to Europe

Satline: Digital Satellite Service to North America

Laserline: Digital Terrestrial Service to North America

Digital Terrestrial Service to the rest of the World

Installation Charges

International Zone (Digital)

The states covered by the International Zones are as follows:

Zone 1: Belgium, France, Luxembourg, Netherlands.

Zone 2: Austria, Denmark, Germany, Greece, Italy, Norway, Portugal, Spain, Sweden and Switzerland.

Zone 3: U.S.A. and Canada.

Zone 4: Japan, Hong Kong, Singapore, Australia and New Zealand.

Charges for circuits to the rest of the world are available on request.

THIRD SCHEDULE

Telex Service

Article 89

International

Band 1: Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Monaco, Netherlands, Norway, Portugal (including Azores and Madeira), Spain (including Balearic and Canary Islands), Sweden, Switzerland (including Liechtenstein) and the Vatican City.

Band 2: Algeria, Bulgaria, Cyprus, Czechoslovakia, Egypt, Faroe Islands, Gibraltar, Hungary, Iceland, Israel, Lebanon, Libya, Malta, Morocco, Poland, Romania, Syria, Tunisia, Turkey, U.S.S.R., and Yugoslavia.

Band 3: Canada and U.S.A (excluding Alaska and Hawaii).

Band 4: All other states.

Band 5: Calls via Inmarsat Satellite.

Charges for Telex Calls via Pactex to Eirpac

1. The charge for a call to a Pactex Mailbox rented by an Eirpac subscriber shall be the sum of 22.2p per each three minute period or part thereof.

2. The charge for a call to an Eirpac subscriber (other than a call to a Pactex Mailbox) shall be calculated as follows:—

Telex Booth Charge

The Telex Booth Charge is a charge of £1 per call in addition to the Call Charges.

Charges for Pactex

The charge for a call to an Eirpac subscriber via Pactex shall be the sum of 22.2p per each period or part of a period specified in the Table below:

Table

Article 99

FOURTH SCHEDULE

Eirpac

Connection Charges

Subscription Per Quarter

*Not available for X.28 Direct Customers.

Other Charges

Call Charges