S.I. No. 91/1990 - Telecommunications Scheme, 1990

S.I. No. 91 of 1990.

TELECOMMUNICATIONS SCHEME, 1990.

TABLE OF CONTENTS	Page

PART I PRELIMINARY AND GENERAL

Article	1—Citation	1
Article	2—Commencement	1
Article	3— Interpretation Act, 1937	1
Article	4—Repeals	1
Article	5—Interpretation	3
Article	6—Existing Agreements	14

PART II TELECOMMUNICATIONS SERVICE

Chapter 1: Scope

Article	7—Scope	15

Chapter 2: Agreements

Article	8—Agreements	15
Article	9—Assignments of Agreements	15

Chapter 3: Accounts and Payments

Article	10—Subscriptions	15
Article	11—Due Date for Payment	15
Article	12—Particulars in Accounts	16
Article	13—Security and Advance Payments	16
Article	14—Maximum Usage	16
Article	15—Suspension of Service	16
Article	16—Termination of Agreement	17
Article	17—Remission of Payments Due	18
Article	18—Alterations in Subscriptions, Fees and Charges	18
Article	19—Method of Payment of Accounts	19
Article	20—Dishonoured Cheques and Abortive Payments	19
Article	21—Disputed Accounts	20
Article	22—Value Added Tax	20
Article	23—Set-off and Interest	20
Article	24—Existence, Authority and Location	21

Chapter 4: Use of Telecommunications Services

Article	25—Prohibited Use	22
Article	26—Uses Permitted	23
Article	27—Congestion	23
Article	28—Use by Members of the Public	24
Article	29—Common Lines	24
Article	30—Business	25
Article	31—Regular Use	25
Article	32—Duration of Calls	25

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

Article	33—Provision	25
Article	34—Facilities for Construction, Examination and Maintenance	26
Article	35—Theft, Loss and Damage	27
Article	36—Alterations and Removal	27
Article	37—Damage, Connections and Obliterations	28
Article	38—Injury or Interference by Lighting, Plant and Equipment	30
Article	39—Consequences of Termination	30

Chapter 6: Transfer

Article	40—Old Subscriber	31
Article	41—New Subscriber	32

Chapter 7: General

Article	42—Records and Documents	32
Article	43—Notice and Accounts	32
Article	44—Identification	33
Article	45—Measurement of Distance	34
Article	46—Measurement of Time	34
Article	47—Absence of Proprietary Interest	34
Article	48—Force Majeure	35
Article	49—Exclusion of Liability	36

PART III TELEPHONE SERVICE

Chapter 1: General

Article	50—Scope	40
Article	51—Charges for Lines and Fixtures and Accessories	40
Article	52—Telephone Groups	40
Article	53—Local Calls	41
Article	54—Subscriber Dialled Trunk Calls	42
Article	55—Other Trunk Calls	43

Chapter 2: Special Telephone Services

Article	56—Personal Calls	44
Article	57—Fixed Time Calls	44
Article	58—Regular Calls	45
Article	59—Urgent Calls	45
Article	60—Alarm Clock Calls	45
Article	61—Telephone Information Service Calls	45
Article	62—Call Division, Call Waiting, Conference Calls, Abbreviated Calling and Hotline Service	45
Article	63—Particulars of Duration and Charge	47
Article	64—Reverse Charge Calls	47
Article	65—Freefone 1800 Service and 1850 Service	49
Article	66—Telephone Directories	49

Chapter 3: Telecards

Article	67—Issue of Telecards	50
Article	68—Loss or unauthorised taking	50
Article	69—Expiry of Telecards	50
Article	70—Waiver of Charges	50
Article	71—Termination of Facility	51
Article	72—Further Telecards	51
Article	73—Consequences of Invalidity	51

Chapter 4: Eircell Service

Article	74—Scope	52
Article	75—Agreements	52
Article	76—Purchase or Leasing of Equipment	52
Article	77—Provision of Service	52
Article	78—Charges	53
Article	79—Use by Third Parties	53
Article	80—Consideration for Use	53
Article	81—Infringement	54

PART IV PRIVATE TELECOMMUNICATIONS CIRCUITS

Article	82—Scope	55
Article	83—Charges	55
Article	84—Use by Third Parties	55
Article	85—Consideration for Use	55
Article	86—International Circuits	55
Article	87—Alteration	56

PART V TELEX SERVICE

Article	88—Scope	57
Article	89—Connection and Equipment Charges	57
Article	90—Call Charges	57
Article	91—Directory	57
Article	92—Teleprinters	58
Article	93—Electricity	58
Article	94—Pactex	59

PART VI EIRPAC SERVICE

Article	95—Scope	60
Article	96—Contact Points and Consent	60
Article	97—Charges for other Services	60
Article	98—Network User Identity	60
Article	99—Call Charges	61
Article	100—Pactex	62
Article	101—Use by Third Parties and Consideration	63
Article	102—Infringement	63

PART VII

Article	103—Scope	65
Article	104—Contact Points and Consent	65
Article	105—Charges for other Services	65
Article	106—Network User Identity and Network User Address	65
Article	107—Call Charges	66
Article	108—Use by Third Parties and Consideration	68

PART VIII VIDEOCONFERENCE SERVICE

Article	109—Scope	69
Article	110—Charges	69
Article	111—Use by Third Parties	69
Article	112—Consideration	69
Article	113—International Videoconference Service	70

FIRST SCHEDULE

TELEPHONE SERVICE

Part	1—Installation Removal and Rental	71
Part	2—Local Calls	76
Part	3—Subscriber	78
	Dialled Trunk Calls
Part	4—Other Trunk Calls	81
	(Not from Public Telephones and Coinboxes)
Part	5—Trunk Calls from Public Telephones and Coinboxes	83
Part	6—Special Telephone Service	86
Part	7—Eircell	91
Part	8—Telephone Directory Entries	93

SECOND SCHEDULE

Private Telecommunications Circuits	94

THIRD SCHEDULE

Telex Service	100

FOURTH SCHEDULE

Eirpac	105

FIFTH SCHEDULE

Eirmail	108

SIXTH SCHEDULE

Videoconference Service	111
Execution	112
Explanatory Memorandum	113

S.I. No. 91 of 1990.

TELECOMMUNICATIONS SCHEME, 1990.

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.

2.

3.

4.

Telephone Regulations, 1980 ( S.I. No. 195 of 1980 ),

Telephone (Amendment) Regulations, 1980 ( S.I. No. 332 of 1980 ),

Telephone (Amendment) Regulations, 1981 ( S.I. No. 106 of 1981 ),

Telephone (Amendment) (No. 2) Regulations, 1981 ( S.I. No. 194 of 1981 ),

Telephone (Amendment) (No. 3) Regulations, 1981 (S.I. No. 402 of 1981),

Telephone (Amendment) Regulations, 1982 ( S.I. No. 39 of 1982 ),

Telephone (Amendment) (No. 2) Regulations, 1982 ( S.I. No. 64 of 1982 ),

Telephone (Amendment) Regulations, 1983 ( S.I. No. 73 of 1983 ),

Telephone (Amendment) Scheme, 1984 ( S.I. No. 244 of 1984 ),

Telephone (Amendment) (No. 2) Scheme, 1984 ( S.I. No. 317 of 1984 ).

Telephone (Amendment) Scheme, 1985 ( S.I. No. 81 of 1985 ),

Telephone (Amendment) (No. 2) Scheme, 1985 ( S.I. No. 324 of 1985 ),

Telephone (Amendment) (No. 3) Scheme, 1985 ( S.I. No. 325 of 1985 ),

Telephone (Amendment) (No. 4) Scheme, 1985 ( S.I. No. 415 of 1985 ),

Telephone (Amendment) Scheme, 1986 ( S.I. No. 78 of 1986 ),

Telephone (Amendment) Scheme, 1988 ( S.I. No. 185 of 1988 ).

Telephone (Amendment) (No. 2) Scheme, 1988 ( S.I. No. 256 of 1988 ).

Telephone (Amendment) Scheme, 1989 ( S.I. No. 189 of 1989 ),

Telephone (Amendment) (No. 2) Scheme, 1989 ( S.I. No. 257 of 1989 ),

Eircell Scheme, 1985 ( S.I. No. 414 of 1985 ),

Eircell (Amendment) Scheme, 1986 ( S.I. No. 80 of 1986 ),

Eircell (Amendment) Scheme, 1988 ( S.I. No. 257 of 1988 ),

Eircell (Amendment) Scheme, 1989 ( S.I. No. 256 of 1989 ),

Telex Regulations, 1980 ( S.I. No. 197 of 1980 ),

Telex (Amendment) Regulations, 1981 ( S.I. No. 107 of 1981 ).

Telex (Amendment) (No. 2) Regulations, 1981 ( S.I. No. 295 of 1981 ),

Telex (Amendment) (No. 3) Regulations, 1981 (S.I. No. 403 of 1981),

Telex (Amendment) Regulations, 1982 ( S.I. No. 40 of 1982 ),

Telex (Amendment) (No. 2) Regulations, 1982 ( S.I. No. 65 of 1982 ),

Telex (Amendment) Regulations, 1983 ( S.I. No. 74 of 1983 ),

Telex (Amendment) Scheme 1984 ( S.I. No. 82 of 1984 ),

Telex (Amendment) Scheme, 1985 ( S.I. No. 80 of 1985 ),

Telex (Amendment) (No. 2) Scheme, 1985 ( S.I. No. 188 of 1985 ),

Telex (Amendment) Scheme, 1986 ( S.I. No. 79 of 1986 ),

Telex (Amendment) Scheme, 1988 ( S.I. No. 186 of 1988 ),

EIRPAC (Irish National Packet Switched Data Network) Scheme, 1984 ( S.I. No. 311 of 1984 ), and

Eirmail (Computer Messaging Service) Scheme, 1985 ( S.I. No. 323 of 1985 ).

are hereby revoked.

5.

"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 accessories 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;

"Eirmail" is the name assigned by Bord Telecom Éireann to the Eirmail Computer Messaging Service and Eirmail Service operated by it and, where the context so requires or admits, applies to fixtures and accessories pertaining to the said service;

"Eirmail computer" means switching and computer equipment and apparatus which forms part of the Eirmail Computer Messaging Service operated by or on behalf of Bord Telecom Éireann whether or not in conjunction with others for the purposes of storing and conveying messages or information in the form of data by means of telecommunications and, where the context so admits or requires, includes the building, vehicle or other external covering which houses such equipment and apparatus;

"Eirmail service" refers to the Eirmail computer Messaging Service and includes, where the context requires or admits, any facilities, fixtures and accessories comprised in it;

"Eirmail subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the purposes of providing such person with Eirmail 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"s 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.

PART II TELECOMMUNICATIONS SERVICES

Chapter 1 — Scope

7.

Chapter 2 — Agreements

8.

9.

Chapter 3 — Accounts and Payments

10.

11.

12.

( 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.

14.

15.

( 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.

( 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 or administrative receiver appointed, or should a petition for its winding up be advertised or 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.

18.

• (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.

20.

• (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.

22.

23.

• (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.

• (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.

( 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.

27.

28.

• (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.

30.

31.

32.

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

33.

• (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.

• (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.

36.

• (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.

( 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.

39.

Chapter 6 — Transfer

40.

41.

Chapter 7 — General

42.

• (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.

( 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.

45.

• (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.

47.

• (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.

( a ) acts of God, lightning, electric voltage and current impressed on a telecommunications line by lightning or otherwise, fires, floods, storms or other catastrophies; or

( b ) government control, restrictions or prohibitions; or

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

( d ) the act or default or 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.

( 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 provied 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;