Telecommunications Scheme, 1994

JurisdictionIreland
CitationIR SI 177/1994
Year1994

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

2 Commencement

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

3 Interpretation Act, 1937 .

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

4 Repeals.

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. (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...

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