S.I. No. 177/1994 - Telecommunications Scheme, 1994

S.I. No. 177 of 1994.

TELECOMMUNICATIONS SCHEME, 1994.

TABLE OF CONTENTS

PART I Preliminary and General

Article

1. Citation.

2. Commencement

3. Interpretation Act, 1937.

4. Repeals.

5. Interpretation.

6. Existing Agreements.

PART II Telecommunications Services

CHAPTER 1 Scope

7. Scope.

CHAPTER 2 Agreements

8. Agreements.

9. Assignment of Agreements.

CHAPTER 3 Accounts and Payments

Article

10. Subscriptions.

11. Due date for payment.

12. Particulars in accounts.

13. Security and advance payments.

14. Maximum usage.

15. Suspension of service.

16. Termination of agreement.

17. Remission of payments due.

18. International volume discount.

19. Total volume discount.

20. International freefone volume discount.

21. Alterations in subscriptions, fees and charges.

22. Method of payment of accounts.

23. Dishonoured cheques and abortive payments.

24. Disputed accounts.

25. Value added tax.

26. Set-off and interest.

27. Existence, authority and location.

CHAPTER 4 Use of telecommunications services

28. Prohibited use.

Article

29. Uses permitted.

30. Congestion.

31. Use by members of the public.

32. Common lines.

33. Business.

34. Regular use.

35. Duration of calls.

36. Charging for calls to other networks.

CHAPTER 5 Telecommunications lines, fixtures and accessories, and subscriber equipment

37. Provision.

38. Facilities for construction, examination and maintenance.

39. Theft, loss and damage.

40. Alterations and removals.

41. Damage, connections and obliterations.

42. Injury or interference by lighting, plant and equipment.

43. Consequences of termination.

CHAPTER 6 Transfer

44. Old subscriber.

45 New subscriber.

CHAPTER 7 General

Article

46. Records and documents.

47. Notices and accounts.

48. Identification.

49. Measurement of distance.

50. Measurement of time.

51. Absence of proprietary interest.

52. Force Majeure.

53. Exclusion of liability.

PART III Telephone service

CHAPTER I General

54. Scope.

55. Charges for installation removal and rental.

56. Telephone groups.

57. Local calls.

58. Subscriber dialled trunk calls.

59. Other trunk calls.

CHAPTER 2 Special telephone services

Article

60. Personal calls.

61. Alarm clock calls.

62. Telephone information service calls.

63. Call diversion, call waiting, conference calls, abbreviated calling, hotline service, direct dialling inwards, directory enquiry service, call barring Ireland direct, third country calling international virtual private network, switched digital international, integrated services digital network.

64. Particulars of duration and charge.

65. Reverse charge calls.

66. Freephone 1800 service and 1850 service.

67. Telephone directories.

CHAPTER 3 Telecards

68. Issue of telecards.

69. Loss or unauthorised taking.

70. Expiry of telecards.

71. Waiver of charges.

72. Termination of facility.

73. Further telecards.

74. Consequences of invalidity.

CHAPTER 4 Eircell Service

Article

75. Scope.

76. Agreements.

77. Purchase or leasing of equipment.

78. Provision of service.

79. Charges.

80. Infringement.

CHAPTER 5 Chargecard Service

81. Issue of chargecards.

82. Loss or unauthorised taking.

83. Expiry of chargecards.

84. Waiver of charges.

85. Termination of facility.

86. Further chargecards.

87. Consequences of invalidity.

PART IV Leased Lines

88. Scope.

89. Charges.

90. International Circuits.

91. Alteration.

PART V Telex Service

92. Scope.

93. Connection and equipment charges.

94. Call charges.

95. Directory.

96. Teleprinters.

97. Electricity.

98. Pactex.

PART VI Eirpac Service

99. Scope.

100. Contact points and consents.

101. Charges for other services.

102. Network user identity.

103. Call charges.

104. Pactex.

105. Use by third parties and consideration.

106. Infringement.

PART VII Videoconference Service

Article

107. Scope.

108. Charges.

109. Use by third parties.

110. Consideration.

111. International video conference service.

FIRST SCHEDULE

Telephone Service

PART 1 Installation Removal and Rental

PART 2 Local Calls

PART 3 Subscriber dialled Trunk Calls.

PART 4 Other trunk calls, (not from public telephones).

PART 5 Other Trunk Calls. (from public telephones).

PART 6 Special Telephone Services.

PART 7 Eircell.

PART 8 Telephone Directory Entries.

SECOND SCHEDULE

LEASED LINES

THIRD SCHEDULE

TELEX SERVICE

FOURTH SCHEDULE

EIRPAC

FIFTH SCHEDULE

VIDEOCONFERENCE SERVICE

EXECUTION

EXPLANATORY MEMORANDUM

S.I. No. 177 of 1994.

TELECOMMUNICATIONS SCHEME, 1994.

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 Citation.

1.

1. This Scheme may be cited as the Telecommunications Scheme, 1994.

2 Commencement

2.

2. This Scheme shall come into operation on the first day of July 1994.

3 Interpretation Act, 1937 .

3.

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

4 Repeals.

4.

4. The

Telecommunications Scheme, 1992 ( S.I. No. 19 of 1992 ),

Telecommunications (Amendment) Scheme, 1993 ( S.I. No. 33 of 1993 ),

Telecommunications (Amendment) (No. 2) Scheme, 1993 ( S.I. No. 186 of 1993 ),

Telecommunications (Amendment) (No. 3) Scheme, 1993 ( S.I. No. 206 of 1993 ),

Telecommunications (Amendment) (No. 4) Scheme, 1993 ( S.I. No. 249 of 1993 ), and

Telecommunications (Amendment) Scheme, 1994 ( S.I. No. 11 of 1994 )

are hereby revoked.

5 Interpretation.

5.

5. (1) In this Scheme:

"the Acts" mean 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;

"auxiliary line" means a telecommunications line;

"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;

"Cardphone public telephone" means a device for recording payment (other than a receptacle for coins) connected to a public telephone;

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

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

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

"Chargecard 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 Chargecard subscriber or not, made by a Chargecard bearer, where the Chargecard bearer cites or makes use of the Chargecard serial numbers for the purpose of making the call;

"Chargecard subscriber" means a telephone subscriber to whom a Chargecard has been issued pursuant to Article 81 of this Scheme;

"Eircell" is the name assigned by Bord Telecom Éireann to the analogue and GSM cellular radio telecommunications networks operated by it, whereby cellular radio telecommunications services are provided through base stations and switching centres connected together by means of telecommunications links and interconnected to the public switched telephone exchange system ["the fixed telephone network") and the terms "Eircell Service", "Eircell Analogue Service" and "Eircell GSM Service" shall be construed accordingly;

"Eircell Analogue equipment" means a cellular radio telephone used or intended to be used in conjunction with the Eircell Analogue Service and to which Eircell Analogue Service is provided;

"Eircell equipment" means Eircell Analogue equipment and Eircell GSM equipment;

"Eircell GSM equipment" means a cellular radio telephone, when used in conjunction with an Eircell SIM card;

"Eircell GSM subscriber" means an Eircell subscriber in respect of the Eircell GSM Service and to whom an Eircell SIM card or cards has or have been issued by Bord Telecom Éireann;

"Eircell SIM card" means a card (and related personal unlocking key and variable personal identification number), supplied by Bord Telecom Éireann to an Eircell GSM subscriber, designed to uniquely identify the Eircell GSM subscriber to the Eircell GSM Service and to enable appropriate cellular radio telephones to be used in conjunction with the Eircell GSM Service;

"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 to 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;

"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 is connected to the telephone exchange line of a telephone subscriber identifiable by a 1850 number allocated by Bord Telecom Éireann and which call 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 56 of this Scheme;

"internal extension" means an extension line wholly within or intended to be wholly within a single building of a subscriber and by means of which two points within such building are connected or intended to be connected for the purpose of conveying telecommunications messages;

"leased lines" means telecommunications facilities provided by Bord Telecom Éireann which provide for transparent transmission capacity between network termination points and which do not include on-demand switching (switching functions which the user can control as part of the leased line provision);

"leased line 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 leased line and also means a person to whom a leased line has been or is being provided;

"local call" means any telephone call referred to in Article 57 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 intercommunication between the extension lines and communication between the extension lines and the telephone exchange lines;

"Private Payphone" means a telephone (other than a public telephone) to which a telephone subscriber has caused or permitted to be connected a receptacle for coins or a devide for recording other means of payment;

"public telephone" means a telephone exchange line to which is connected a receptacle for coins or a device for recording other means of payment, 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 68 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 including auxiliary 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 of facility;

"telephone" means a transmitting or receiving instrument used or intended to be used for the purpose of transmitting or receiving telephonic messages and, where the context so admits or requires, includes a cellular radio telephone;

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

"telephone exchange" means an exchange forming part of the Board 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 56 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 purposes 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;

"terminating number" means a number pertaining to the Freephone 1800 Service and 1850 Service;

"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;

"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 video conference 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 include, except where the context otherwise requires, the meaning so assigned.

6 Existing Agreements.

6.

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 Scope.

7.

7. In addition to the Acts, the Articles in this Part of this Scheme apply to telecommunications services generally.

Chapter 2 — Agreements.

8 Agreements.

8.

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 Assignment of Agreement.

9.

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 Subscriptions.

10.

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 Due date for payment.

11.

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 arrears, or partly in advance or partly in arrears) as Bord Telecom Éireann may from time to time decide, either generally or in relation to a particular service or a particular subscriber.

12 Particulars in accounts.

12.

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 Security and advance payments.

13.

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 Maximum usage.

14.

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 Suspension of service.

15.

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 Termination of agreement.

16.

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 or 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 Remission of payments due.

17.

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 International volume discount.

18.

18. (1) Bord Telecom Éireann may, where the amount otherwise due (exclusive of Value Added Tax) on a single telephone account in respect of Eligible International Volume Discount Calls exceeds the appropriate amount specified in Section VII of Part 6 of the First Schedule to the this Scheme, apply thereto a discount (hereinafter "International Volume Discount") in respect of such amounts. The International Volume Discount shall be calculated as set out in Section VII of Part 6 of the First Schedule to this Scheme Bord Telecom Éireann may at its absolute discretion withdraw the International Volume Discount from all or any subscribers.

• (2) For the purpose of this Scheme, "Eligible International Volume Discount Calls" shall mean subscriber dialled calls made to telephones outside the State (excluding Northern Ireland) made from a telephone exchange line rented by the subscriber but excluding subscriber dialled calls made by use of the International Virtual Private Network facility, or the Switched Digital International facility and also excluding Chargecard calls, Eircell calls and Eirpac calls.

• (3) It shall be a condition of the application of the International Volume Discount that:

• (i) Eligible International Volume Discount Calls shall be made only from a single premises, occupied by the subscriber;

• (ii) Eligible International Volume Discount Calls shall be made by the subscriber or by employees of the subscriber; and

• (iii) accounts to which the International Volume Discount applies must be discharged in full within 14 days or by means of direct debit mandate approved by Bord Telecom Éireann.

19 Total volume discount.

19.

19. (1) Bord Telecom Éireann may, where the amount otherwise due (exclusive of Value Added Tax) on a single telephone account in respect of Eligible Total Volume Discount Calls exceeds the appropriate amount specified in Section VII of Part 6 of the First Schedule to this Scheme, apply thereto a discount (hereinafter "Total Volume Discount") in respect of such amount. The Total Volume Discount shall be calculated as set out in Section VII of Part 6 of the First Schedule to this Scheme. Bord Telecom Éireann may at its absolute discretion withdraw the Total Volume Discount from all or any subscribers.

• (2) For the purposes of this Scheme "Eligible Total Volume Discount Calls" shall mean subscriber dialled calls made from a telephone exchange line rented by the subscriber but excluding subscriber dialled calls made by use of the International Virtual Private Network facility or the Switched Digital International facility and also excluding charge card calls, Eircell calls, Eirpac calls, and unrestricted 64Kb calls made by use of the Integrated Services Digital Network facility.

• (3) It shall be a condition of the application of the Total Volume Discount that:

• (i) Eligible Total Volume Discount Calls shall be made only from a single premises, occupied by the subscriber;

• (ii) Eligible Total Volume Discount Calls shall be made by the Subscriber or by employees of the subscriber; and

• (iii) accounts to which the Total Volume Discount applies must be discharged in full within 14 days or by means of direct debit mandate approved by Bord Telecom Éireann.

• (4) In respect of any single telephone account there shall be applied, subject to this Scheme, the Total Volume Discount or the International Volume Discount, whichever shall be the greater.

20 International freefone volume discount.

20.

20. (1) Bord Telecom Éireann may, where the total duration of Eligible Freefone 1800 Calls on a single telephone account, exceeds the appropriate time specified in Section VII of Part 6 of the First Schedule to this Scheme, apply to such an account a discount (hereinafter "International Freefone Volume Discount"). The International Freefone Volume Discount shall be calculated as set out in Section VII of Part 6 of the First Schedule to this Scheme Bord Telecom Éireann may at its absolute discretion withdraw the International Freefone Volume Discount from all or any subscribers.

• (2) For the purpose of this scheme, "Eligible Freefone 1800 Calls" shall mean telephone calls made by a caller from telephones outside the State in places listed in Section VII of Part 6 of the First Schedule to this Scheme which calls are connected to the telephone exchange line of a telephone subscriber identifiable by a Freefone 1800 number allocated by Bord Telecom Éireann and which calls are charged to and payable by the telephone subscriber identified by such Freefone 1800 number.

• (3) It shall be a condition of the application of the International Freefone Volume Discount that:

• (i) accounts to which the International Freephone Volume Discount applies must be discharged in full within 14 days or by means of direct debit mandate approved by Bord Telecom Éireann; and

• (ii) Eligible Freephone 1800 Calls shall be made only to a single premises, occupied by the subscriber.

21 Alterations in subscriptions, fees and charges.

21.

21. (1) Bord Telecom Éireann may from time to time increase or reduce the subscription, fees or charges in respect of any telecommunications 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.

22 Method of payment of accounts.

22.

22. Bord Telecom Éireann may, by 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 a 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.

23 Dishonoured cheques and abortive payments.

23.

23. Where:

• (1) a cheque is tendered to Bord Telecom Éireann in purported discharge (whether in whole or in part) of 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.

24 Disputed accounts.

24.

24. 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.

25 Value added tax.

25.

25. 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.

26 Set-off and interest.

26.

26. (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.

27 Existence, authority and location.

27.

27. (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 entitled 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 entitled 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 creditworthiness 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.

28 Prohibited use.

28.

28. (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 needles 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 51 (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.

29 Uses permitted.

29.

29. 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.

30 Congestion.

30.

30. 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 per cent 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.

31 Use by members of the public.

31.

31. Where a subscriber causes or permits to be connected to a telephone exchange line a Private Payphone 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 Private Payphone a notice which advises 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.

32 Common lines.

32.

32. 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.

33 Business.

33.

33. 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.

34 Regular use.

34.

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

35 Duration of calls.

35.

35. 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.

36 Charging for calls to other networks.

36.

36. Where a subscriber makes a call to a network operated by a person other than Bord Telecom Éireann, the duration of a call for charging purposes may be calculated with effect from the instant of connection to such network, whether or not the call is answered by the called party.

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

37 Provision.

37.

37. (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.

38 Facilities for construction, examination and maintenance.

38.

38. (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) of Article 37, 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 suspend 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.

39 Theft, loss and damage.

39.

39. 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.

40 Alterations and removals.

40.

40. (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.

41 Damage, connections and obliterations.

41.

41. (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 licensees 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 38, 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 together 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.

42 Injury or interference by lighting, plant and equipment.

42.

42. 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 used or to be used by or erected by or on behalf of him or another person, Bord Telecom Éireann may by notice in writing terminate all or 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 the 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.

43 Consequences of termination.

43.

43. 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 line or fixtures and accessories.

Chapter 6 — Transfer.

44 Old subscriber.

44.

44. 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 the fixtures and accessories formerly rented by him to another occupier of the place or premises to which the telecommunications line and fixtures and accessories are connected or of any other 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.

45 New subscriber.

45.

45. Where a transfer in accordance with Article 44 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.

46 Records and documents.

46.

46. (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.