S.I. No. 311/1984:

EIRPAC (IRISH NATIONAL PACKET SWITCHED DATA NETWORK) SCHEME, 1984.

EIRPAC (IRISH NATIONAL PACKET SWITCHED DATA NETWORK) SCHEME, 1984.

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 EIRPAC (Irish National Packet Switched Data Network) Scheme, 1984.

2. This Scheme shall come into operation on the 10th day of December 1984.

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

4. This Scheme shall apply in addition to the applicable provisions of the Postal and Telecommunications Services Acts 1983 and 1984 and of the appropriate Schemes relating to Telecommunications Services in force from time to time under the said Acts and in particular the scheme entitled Telephone Regulations 1980 ( S.I. No. 195 of 1980 ) as amended. Such provisions shall be deemed applicable unless provision is made separately in this Scheme or the contract requires otherwise.

5. In this Scheme and in relation to the charges for packet switching service, except and in so far as the contrary is provided or the context requires otherwise, the following expressions have the meaning respectively assigned to them:--

"Packet Switching Exchange" means switching equipment and apparatus which forms part of the Irish National Packet Switched Data Network and is operated by Bord Telecom Éireann for the purpose of conveying data by means of telecommunications through the medium of that system, and where the context so requires, includes the building, vehicle or other external covering which houses such equipment and apparatus.

"EIRPAC" is the name assiged by Bord Telecom Éireann to the Irish National Packet Switched Data Network and, where the context so requires or admits, applies to apparatus, facilities or service pertaining to the said Network.

6. (1) Every applicant for EIRPAC service shall, before he is provided with such service, be required to enter into an agreement with Bord Telecom Éireann for that purpose and such agreement shall be known as the Agreement for EIRPAC Service.

(2) The Subscriber shall be responsible for obtaining at his own expense all necessary consents from the owners or operators of computers or terminals with which he wishes to communicate. Provision of service to a Subscriber does not give the Subscriber or any other person access by right to any computer or terminal to which access is available.

7. The Charges (including as to rental) fixed for EIRPAC are in addition to any charges in respect of telephone services, or any equipment or apparatus rented by the Subscriber from Bord Telecom Éireann for use directly or indirectly in connection with EIRPAC.

8. (1) Bord Telecom Éireann may at its discretion and where appropriate:

( a ) Allocate to the Subscriber, such code, called a Network User Identity as Bord Telecom Éireann may think fit;

( b ) At the request of the Subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Subscriber, allocate to the Subscriber, for such minimum period as Bord Telecom Éireann may determine, either generally or in relation to a particular case, one or more additional Network User Identities, or withdraw from the Subscriber any additional Network User Identity so allocated. Any such request, if not made in writing, shall he confirmed in writing by the Subscriber or the person making the request (such confirmation to be received by Bord Telecom Éireann before the day upon which such allocation is requested to take effect).

(2) Bord Telecom Éireann may, at its discretion, alter any Network User Identity at any time.

(3) Bord Telecom Éireann may at its discretion from time to time, at the request of the Subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Subscriber, temporarily invalidate any Network User Identity allocated to the Subscriber. Any such request, if not made in writing, shall be confirmed in writing by the Subscriber or the person making the request, such confirmation to be received by Bord Telecom Éireann witin seven days of the making of such request. The rental charge for any Network User Identity shall continue to be payable in respect of any such period of invalidation.

(4) Bord Telecom Éireann may at its discretion and where appropriate allocate to the Subscriber from time to time such code, called a Network User Address, as Bord Telecom Éireann may think fit. Bord Telecom Éireann may at its discretion alter a Subscriber's Network User Address at any time.

9. (1) The Subscriber shall pay to Bord Telecom Éireann in respect of any call or attempted call originated from equipment and apparatus under his control call charges calculated, except where Bord Telecom Éireann otherwise determines or the Subscriber agrees otherwise with Bord Telecom Éireann, by reference to the total charges applicable to:

( a ) the volume of data passed through, and measured in units (each capable of containing 64 characters of data, including non-alphanumeric characters and spaces, and called segments) determined and recorded by the packet switching exchange and not by reference to the volume of data originated and received by the Subscriber's equipment and apparatus; and

( b ) the duration of the call determined and recorded by the packet switching exchange.

(2) The charges applicable to the volume and duration referred to at (a) and (b) respectively, of sub-paragraph (1), above, are set forth in Parts (1) and (2) of Schedule 2 of this Scheme. Such charges shall he calculated at the appropriate rate by reference to the Charging Bands set out at Part (3) of the said Schedule 2.

(3) The Subscriber shall pay quarterly in advance to Bord Telecom Éireann in respect of rental charges for EIRPAC the sums set forth in Schedule 1 of this Scheme. Subject to Section 96 of the Postal and Telecommunication Services Act 1983, such rental charges payable shall commence, unless otherwise decided by Bord Telecom Éireann, on the day when EIRPAC service is made available to the Subscriber.

(4) The Subscriber shall pay to Bord Telecom Éireann in respect of connection charges the sums set forth in Schedule 3 of this Scheme.

(5) The Subscriber shall pay to Bord Telecom Éireann in respect of the facilities listed in Schedule 4 of this Scheme the charges set forth in the said Schedule.

(6) Except where otherwise provided in this Scheme, all charges payable shall be payable to Bord Telecom Éireann on demand at such intervals and on such dates (whether in advance or in arrear, or partly in advance and partly in arrear) as Bord Telecom Éireann may from time to time decide, either generally or in relation to a particular case.

(7) All charges payable by the Subscriber to Bord Telecom Éireann shall be paid as soon as an account thereof is rendered to the Subscriber.

(8) ( a ) Bord Telecom Éireann may from time to time increase or reduce the foregoing charges or any of them and, in the event of an increase, it shall give notice to the Subscriber, and no increase under this sub-paragraph shall take effect before the expiration of fourteen days beginning on the date of the notice relating thereto and required to be given under this sub-paragraph.

( b ) Notice for purposes of this sub-paragraph may be incorporated in or associated with any other communication from Bord Telecom Éireann to the Subscriber.

10. (1) Except with the written consent of Bord Telecom Éireann, service shall not he used by or on behalf of any person other than the Subscriber for whom the service is provided. The Subscriber shall observe any requirements or restrictions of which Bord Telecom Éireann may from time to time notify him in writing as to the use of service by or on behalf of another person.

(2) Except with the written consent of Bord Telecom Éireann the Subscriber shall not receive or permit any other person to receive any consideration either directly or indirectly in return for or on account of the use by or on behalf of any person other than the Subscriber of service provided on the application of the Subscriber. The term "consideration" includes besides money or money's worth, the giving or witholding of business or any other advantage or benefit of any kind or description.

11. The Subscriber:

( a ) Shall not use the service in any manner which, in the opinion of Bord Telecom Éireann, may adversely affect the use of EIRPAC by other Subscribers or the interests of the service as a whole;

( b ) Shall not use the service for the transmission of any data which is grossly offensive or of an indecent, obscene or objectionable nature;

( c ) Shall comply with any directions given by Bord Telecom Éireann as to the manner of using EIRPAC.

12. (1) Bord Telecom Éireann may, without prejudice to any other remedy available to it or to the generality of Section 96 of the Postal and Telecommunications Services Act 1983 , at its discretion suspend or interrupt the service or determine the Agreement for EIRPAC Service where a Subscriber fails to comply with or contravenes this Scheme or any applicable provisions of the Postal and Telecommunications Service Acts or of any of the other Schemes of Bord Telecom Éireann.

(2) Notwithstanding such suspension, interruption or determination, Bord Telecom Éireann shall be entitled to recover from the Subscriber all rental and other charges due in accordance with the Agreement for EIRPAC Service.

13. A Subscriber who fails to comply with the provisions of paragraphs 9 and 10 of this Scheme shall continue to be liable for all rental and other charges due or to become due in respect of services.

SCHEDULE 2

Usage Charges

(1) Duration Charges (Pence Per Minute)

(2) Volume Charges (Pence per Segment)

(3) EIRPAC Charging Bands

SCHEDULE 3

Note: N.A. means not applicable

SCHEDULE 4

Miscellaneous Charges

*C = Character

P = Packet

(a) For first 10 pages or less ......................................... IR £7.86p

(b) For each additional page ........................................ IR £0.38p

GIVEN under the Common Seal of Board Telecom Éireann this 29th day of November,

1984.

ITA MEEHAN,

Director.

Witness: J. Joyce,

Executive Director,

Bord Telecom Éireann.

W. J. CHAMBERLAINE,

Director.

EXPLANATORY NOTE.

The purpose of this Scheme is to provide for the provision of an Irish National Packet Switched Data Network by Bord Telecom Éireann known as EIRPAC and to provide for a schedule of rates in respect of the user of this service.