Telecommunications (Amendment) (No. 4) Scheme, 1993

• Jurisdiction: Ireland
• Citation: IR SI 249/1993
• Year: 1993

BORD TELECOM ÉIREANN, in exercise of the powers conferred on it by Section 90 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), hereby makes the following Scheme: 1. This Scheme may be cited as the Telecommunications (Amendment) (No. 4) Scheme, 1993. 2. The collective citation "the Telecommunications Schemes, 1992 and 1993" includes this Scheme. 3. This Scheme shall come into operation on 1 September 1993. 4. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme. 5. The Minister for Transport, Energy and Communications, pursuant to Section 90 (2) of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), has concurred in the increase of charges effected by this Scheme. 6. The Telecommunications Scheme, 1992, ( S.I. No. 19 of 1992 ) is hereby amended by:

( a ) the insertion of the following definitions after the definition of "certified" in Article 5 (1);

"'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 81A of this Scheme;"

( b ) the substitution of the following definition for the definition of "internal extension" in Article 5 (1):

" '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."

( c ) the revocation of Article 28 (1);

( d ) the addition of the following paragraphs to Article 62 thereof:

"(9) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Ireland Direct facility") whereby a telephone subscriber outside the State, in a state or territory in which the Ireland Direct facility is available, may, by dialling an appropriate Freephone number, makes a reverse charge call, a Telecard call or a Chargecard call to the State. There shall be charged to the telephone subscriber and paid by him in respect of the Ireland Direct facility the charge specified in Section I of Part 6 of the First Schedule to this Scheme.

(10) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Third Country Calling facility") whereby a Chargecard bearer, outside the State, in a state or territory in which the Third Country Calling facility is available, may, by dialling an appropriate Freephone number, make a Chargecard call to a state or territory other than the State. There shall be charged to the Chargecard subscriber and paid by him in respect of the Third Country Calling facility the charges specified in Section VI of Part 6 of the First Schedule to this Scheme.

(11) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "International Virtual Private Network" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make international telephone calls to predetermined telephones ("ON-NET calls") or to other telephones ("OFF-NET calls"). There shall be charged to the telephone subscriber and paid by him in respect of the International Virtual Private Network facility the charges specified in Section IV of Part 6 of the First Schedule to this scheme.

(12) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Switched Digital International" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make international telephone calls over end to end digital (64kbit per second) transmission paths. There shall be charged to the telephone subscriber and paid by him in respect of the Switched Digital International facility The charges specified in Section V of Part 6 of the First Schedule to this Scheme."

( e ) the substitution of the following for Article 67 (3) thereof:

"(3) a Telecard call shall be charged to and payable by a Telecard subscriber at the appropriate rate specified in Part 4 of the First Schedule to this scheme".

( f ) the addition of the following "Chapter 5 —- Chargecards" after "Chapter 4 —- Eircell Service" therein:

"CHAPTER 5 — CHARGE CARDS

81A(1) Bord Telecom Éireann may issue one or more Chargecards to a telephone subscriber following application by the telephone subscriber.

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

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

81B In the event of the loss or unauthorised taking of the Chargecard or the unauthorised ascertainment by any person of the Chargecard serial number, the Chargecard subscriber shall, without delay, notify Bord Telecom Éireann verbally and in writing of such loss taking or ascertainment.

81C Subject to this Scheme, a Chargecard issued by Bord Telecom Éireann pursuant to Article 81A shall expire on the earlier of the following days, that is to say:

( a ) 31 December next following the date of issue or such other day as may be prescribed by Bord Telecom Éireann from time to time; or

( b ) the 28th day following the date of receipt by Bord Telecom Éireann of written notification pursuant to Article 81B of this Scheme.

81D Bord Telecom Éireann shall be entitled, at its absolute discretion, to waive the charges specified in Article 81A of this Scheme for such period as it shall think fit.

81E (1) Without prejudice to any other remedy available to it, Bord Telecom Éireann shall be entitled to terminate the Chargecard facility on the ground that it considers that the Chargecard subscriber is in breach of this Scheme or for any other ground which in the opinion of Bord Telecom Éireann warrants such termination.

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

(3) Notwithstanding paragraph (2) of this Article, Chargecard calls made during a period of 28 days next following the date of termination in accordance with paragraph (1), shall continue to be charged to and payable by such subscriber at the standard rate charge per call together with the appropriate Chargecard call charge premium.

81F Bord Telecom Éireann shall be entitled to issue and charge for, in accordance with Article 81A, a further Chargecard to a Chargecard subscriber on the expiry in accordance with Article 81C of an existing Chargecard issued to such Chargecard subscriber unless the Chargecard subscriber should give 28 days prior notice to Bord Telecom Éireann of his intention not to renew such Chargecard issued to him.

81G (1) Neither a Chargecard subscriber nor a Chargecard bearer shall make or attempt to make a Chargecard call after a Chargecard has ceased to be valid.

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

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

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

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

( g ) the revocation of Article 84 and Article 85 thereof; and

( h ) the substitution of the following Article for Article 87:

"87. Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify all or any private telecommunications circuits and in particular, but without prejudice to the generality of the foregoing, it reserves the right to substitute whether temporarily or permanently:

( a ) a private telecommunications circuit using a space satellite system for a private telecommunications circuit using a submarine cable system, terrestrial cable system or a terrestrial radio system; and

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

( c ) a private telecommunications circuit using a terrestrial radio system for a private telecommunications circuit using a submarine cable system, terrestrial cable system or space satellite system."

(i) the substitution of the following for Article 107 (2) thereof:

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

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

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