S.I. No. 134/1995 - Telecommunications (Amendment) (No. 3) Scheme, 1995.


S.I. No. 134 of 1995.

TELECOMMUNICATIONS (AMENDMENT) (NO. 3) SCHEME, 1995.

BORD TELECOM ÉIREANN in exercise of the powers conferred on it by Section 90 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983) hereby makes the following Scheme:

1. This Scheme may be cited as the Telecommunications (Amendment) (No. 3) Scheme, 1995.

2. (1) The collective citation "the Telecommunications Scheme, 1994 and 1995" includes this Scheme.

(2) This Scheme shall come into operation on 26 May, 1995.

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

4. The Telecommunications Scheme, 1994 ( S.I. No. 177 of 1994 ) is hereby amended by the substitution of the following Part 7 for Part 7 of the First Schedule thereto:

"PART 7

EIRCELL

A. CALL CHARGES

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

Analogue Service

(Eircell Business)

Analogue Service

(Eircell Personal)

GSM Service

Standard Rate

Reduced Rate

Peak Rate

Off-Peak Rate

Weekend Rate

Standard Rate

Reduced Rate

Minimum Charge (30 seconds)

11.17p

7.5p

21.99p

7.32p

5.49p

12.5p

8.5p

Per each periodof 10 seconds or part of such period thereafter

3.72p

2.5p

7.33p

2.44p

1.83p

4.16p

2.83p

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

ANALOGUE AND GSM SERVICES

Standard Rate

Reduced Rate

Minimum Charge (3 minutes)

Per minute or part of a minute thereafter

149p

33p

116p

22p

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

ANALOGUE AND GSM SERVICES

Seconds—

Standard Rate

Seconds—

Reduced Rate

11.17p per period of time or part of period of time specified

11.2

16.8

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

ANALOGUE AND GSM SERVICES

Standard Rate

Reduced Rate

Minimum Charge (3 minutes)

Per minute or part of a minute thereafter

227p

59p

167p

39p

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

ANALOGUE AND GSM SERVICES

Seconds—

Standard Rate

Seconds—

Reduced Rate

11.17p per period of time or part of period of time specified

11

14.6

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

ANALOGUE AND GSM SERVICES

Seconds

11.17p per period of time or part or period of time specified

7.5

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

ANALOGUE AND GSM SERVICES

Seconds—Standard Rate

Seconds—Reduced Rate

11.17p per period of time or part of period of time specified

5.99

7.99

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

ANALOGUE AND GSM SERVICES

Seconds

11 .17p per period of time or part or period of time specified

3.87

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

ANALOGUE AND GSM SERVICES

Seconds

11.17p per period of time or part or period of time specified

2.71

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

ANALOGUE AND GSM SERVICES

Minimum Charge (3 minutes)

Per minute or part of a minute thereafter

281p

77p

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

ANALOGUE AND GSM SERVICES

Minimum Charge (3 minutes)

Per minute or part of minute thereafter

317p

89p

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

ANALOGUE AND GSM SERVICES

Standard Rate

Reduced Rate

Minimum Charge (3 minutes)

Per minute or part of a minute thereafter

500p

150p

386p

112p

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

ANALOGUE AND GSM SERVICES

Minimum Charge (3 minutes)

Per minute or part of a minute thereafter

680p

210p

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

ANALOGUE AND GSM SERVICES

Minimum Charge (3 minutes)

Per minutes or part of a minute thereafter

791p

247p

15. A call made from, Eircell GSM equipment outside the State to a telephone in any part of the world, shall be charged at the current tariff applicable to such call which is specified by the appropriate GSM cellular network operator in the state or territory in which the call originates together with an Eircell service charge amounting to 15% of the GSM cellular network operators charge in respect of the call.

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

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

NOTES:

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

( a ) Standard Rate applies to calls from between 8 a.m. and 8 p.m., Monday to Friday (inclusive).

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

( c ) Peak Rate applies to calls made between 8 a.m. and 6 p.m., Monday to Friday (inclusive).

( d ) Off-Peak applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive).

( e ) Weekend Rate applies to calls made on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Eireann.

( f ) The Eircell Business tariff package will be applied to a subscriber to the Eircell Analogue Service unless and until such subscriber notifies Bord Telecom Eireann, in such manner as may be required by it, that he:

(i) elects for the Eircell Personal Tariff package; and.

(ii) agrees to pay Eircell Personal accounts by direct debit, if required.

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

( a ) Standard Rate applies to calls from between 8 a.m. and 6 p.m., Monday to Friday (inclusive).

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

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

( a ) Standard Rate applies to calls from between 8 a.m. and 6 p.m., Monday to Friday (inclusive).

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

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

( a ) Standard Rate applies to calls from between 8 a.m. and 6 p.m., Monday to Friday (inclusive).

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

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

( a ) Standard Rate applies to calls from between 8 a.m. and 6 p.m., Monday to Friday (inclusive).

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

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

( a ) Standard Rate applies to calls from between 10 a.m. and 10 p.m., Monday to Friday (inclusive).

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

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

( a ) Standard Rate applies to calls from between 10 a.m. and 10 p.m., Monday to Friday (inclusive).

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

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

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

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

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

(xii) Band 5 comprises all other States.

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

(xiv) The operation, by subscribers to other GSM networks availing of the Eircell GSM Service, of a call-forwarding facility to forward an incoming call to a telephone outside the State, shall cause the appropriate call charge to apply as if the forwarding of the call was a separate call from Eircell GSM equipment in the State to the telephone outside the State.

B. SUBSCRIPTION

ANALOGUE SERVICES

(Eircell Business)

ANALOGUE SERVICE

(Eircell Personal)

GSM SERVICE

£20 per item of Eircell Analogue equipment to which Eircell Analogue Service is provided per month.

£20.66 per item of Eircell Analogue Equipment to which Eircell Analogue Service is provided per month.

£20 per Eircell SIM card per month.

NOTES:

( a ) The subscription in respect of Analogue Service (Eircell Personal) is inclusive of a credit of £11 in respect of chargeable calls described in paragraph 1 of Part A of this part of this Schedule. In the event that in any month the total charge in respect of such calls does not exceed £11, the remaining credit may not be carried forward to the following month and the subscriber shall lose the benefit thereof.

( b ) The Eircell Business tariff package will be applied to a subscriber to the Eircell Analogue Service unless and until such subscriber notifies Bord Telecom Eireann, in such manner as may be required by it that he:

(i) elects for the Eircell Personal Tariff package; and

(ii) agrees to pay Eircell Personal accounts by direct debit, if required.

C. CONNECTION CHARGES

ANALOGUE SERVICE

GSM SERVICE

Eircell Business: £50 per item of Eircell Analogue equipment to which Eircell Analogue Service is provided.

£50 per Eircell SIM Card.

Eircell Personal: £20.66 per item of Eircell Analogue Equipment to which Eircell Analogue Service is provided.

D. OTHER SERVICES AND FACILITIES

SERVICE/FACILITY

ANALOGUE SERVICE

GSM SERVICE

Monthly detailed billing

£1 per month (Eircell Business)

£3 per month

Once-off detailed billing

£6 per occasion

£10 per occasion

Reconnection

£16 per occasion

£16 per occasion

Change of Eircell

Analogue equipment

£16 per occasion

Change of Eircell number

£16 per occasion

£16 per occasion

Temporary barring

£16 per occasion

£16 per occasion

Temporary

£30 per occasion

£30 per occasion

Disconnection Additional/Replacement

£15 per card

Eircell SIM card

Reservation of Eircell

£16 for existing Eircell subscribers

GSM number

£30 per persons other than existing Eircell subscribers

Transfer Charge (transfer of Eircell number from one Eircell Subscriber to another Eircell Subscriber)

£16

£16

Migration Fee (Eircell Business to Eircell Personal)

£12.40

Personal Playback

£4.13

Personal Extra

£4.13

Personal Plus

£6.20

Calls to Directory Enquiry Service

Eircell Business: £0

£0

Eircell Personal: the appropriate charge as if the call were a call described in paragraph 1 of Section A of this Part of this scheme.

SERVICE/FACILITY

ANALOGUE AND GSM SERVICES

Calls to Telephone Information Services

The appropriate charge applicable to calls from Eircell Analogue equipment or from Eircell GSM equipment in the State to telephones in Great Britain, the Isle of Man and the Channel Islands.

Calls to 1850 numbers in the fixed telephone network

The appropriate charge applicable to calls from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the State or Northern Ireland.

Calls to speaking clock

The appropriate charge applicable to calls from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the State or Northern Ireland.

Calls to INMARSAT and SKY PHONE (when available)

The appropriate charge applicable to such calls from the fixed telephone network.

Calls to Playback

(i) Eircell Business and GSM:

(i)

The appropriate charge applicable to calls from Eircell Analogue Equipment (Eircell Business) or from Eircell GSM Equipment to telephones in the State or Northern Ireland.

(ii) Eircell Personal:

(ii)

(a) Peak Rate: The appropriate charge applicable to calls from Eircell Analogue Equipment (Eircell Business) to telephones in the State or Northern Ireland;

(b) Off-Peak Rate and Weekend Rate:

The appropriate charges applicable to calls from Eircell Analogue Equipment (Eircell Personal) to telephones in the State or Northern Ireland.

PRESENT when the Common Seal of Bord Telecom Eireann was affixed

hereto this 26th day of May, 1995.

NICKY RYAN,

Director.

JAMES CROTTY,

Director.

EXPLANATORY NOTE.

The purpose of this Scheme is to provide for the Eircell Personal tariff package for Analogue Service and to re-title the existing Analogue Service tariff package as "Eircell Business".