S.I. No. 246/1997:

TELECOMMUNICATIONS (AMENDMENT) (NO. 3) SCHEME, 1997

TELECOMMUNICATIONS (AMENDMENT) (NO. 3) SCHEME, 1997

BORD TELECOM ÉIREANN plc, 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. 3) Scheme, 1997.

2. (1) The collective citation "the Telecommunications Schemes, 1994 to 1997" includes this Scheme.

(2) Article 5(f) Part I, Article 5(f) Part 2 and Article 5(h) Part 6 shall be deemed to have come into operation on I December 1996.

(3) Article 5(c) and Article 5(h) Part 9 shall be deemed to have come into operation on 27 January 1997.

(4) Articles 5(a) and 5(b) and Article 5(h) Parts 7 and 8 shall be deemed to have come into operation on 24 March 1997.

(5) Articles 5(e) and 5(i) shall be deemed to have come into operation on 9 April 1997.

(6) Articles 5(f) Part 3 and 5(h) Part 3 shall come into operation on 2 May 1997.

(7) Articles 5(d), 5 (g) and 5(j) shall come into operation on 15 May 1997.

3. References in this Scheme to "NCRTN" are references to "National Cellular Radio Telecommunications Networks".

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

5. The Telecommunications Scheme, 1994 ( S.I. No. 177 of 1994 ) is hereby amended by:

( a ) the addition of the following Article 19(C) after Article 19 (B) thereof:

"19(c)(1) Bord Telecom Eireann plc may provide a facility (in this Scheme referred to as "Business Selections Discount" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine whereby a telephone subscriber, connected to the fixed telephone network, through a telephone exchange, other than a metered telephone exchange may, on payment of a monthly subscription charge, be allowed discounted rates on "Eligible Business Selections Calls". The discounted rates are set out in Part 7(i) of Section VII of Part 6 of the First Schedule to this Scheme. Bord Telecom Eireann plc may at its absolute discretion withdraw the Business Selections Discount Facility from all or any subscribers.

(2) For the purposes of this Scheme "Eligible Business Selections Calls" shall mean subscriber direct dialled calls made on "Inter City Routes" and between exchanges in the State and from exchanges in the State to Northern Ireland and from exchanges in the State to exchanges outside the State (excluding Chargecard calls, Eirpac calls, calls to other Packet Switching Networks, unrestricted 64 Kb calls made by use of the Integrated Services Digital Network (ISDN) facility, calls made to Premium Rate Telephone Services, Directory Enquiry calls, calls to Call Management Services, calls made by use of the National Virtual Private Network facility, calls made by use of the International Virtual Private Network facility, calls made to Inmarsat and Skyphone mobile telephone system and Freefone 1800, 1850 and 1890 calls received by the subscriber); and

Calls made on "Inter City Routes" shall mean calls made between Exchanges on the routes specified at Part 7(ii) of Section VII of Part 6 of the First Schedule to this Scheme.

(3) It shall be a condition of the application of the Business Selections Discount facility that:

(i) the subscriber pays the monthly subscription charge set out in Part 7(i) of Section VII of Part 6 of the First Schedule hereto;

(ii) Eligible Business Selections Calls shall be made only from a single premises occupied by the subscriber;

(iii) accounts to which the Business Selections Discount facility apply must be discharged in full within 14 days of the date of issue of the bill or by means of a direct debit mandate approved by Bord Telecom Éireann plc; and

(iv) Eligible Business Selections Calls shall not be eligible for any further or other discounts (including any discounts under Articles 18, 19, 19(A), 19(B), 19(D) and 19(E) of this Scheme)."

( b ) the addition of the following Article 19(D) after Article 19(0 thereof:

"19 (D) (1) Bord Telecom Eireann plc. may provide a facility (in this Scheme referred to as "Multi-Site Volume Discount" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine whereby a telephone subscriber connected to the fixed telephone network through a telephone exchange other than a metered telephone exchange may, on payment of a Network Fee and a Site Fee, receive a discount on Eligible Subscriber Dialled Calls made from Nominated Telecommunications Lines situated at two or more Sites occupied by the subscriber. The Multi-Site Volume Discounted rates are set out in Part 8 of Section VII of Part 6 of the First Schedule to this Scheme. Bord Telecom Eireann plc. may, at its absolute discretion withdraw the "Multi-Site Volume discount" facility from all or any subscribers.

(2) For the purposes of this Scheme "Eligible Subscriber Dialled Calls" means

(i) subscriber dialled calls (excluding Chargecard calls, Eirpac calls, calls made to Premium Rate Telephone Services, calls made by use of the International Virtual Private Network facility, Freefone 1800, 1850 and 1890 calls received by the subscriber, unrestricted 64 Kb calls made by use of the Integrated Services Digital Network facility (ISDN), calls to Call Management Services and calls made to Inmarsat and Skyphone mobile telephony systems) made between exchanges in the State (including Northern Ireland) and from exchanges in the State to exchanges outside the State;

(ii) "Network Fee" means the fee payable by the subscriber to avail of the Multi-Site Discount facility as set out in Part 8 of Section VII of Part 6 of the First Schedule hereto.

(iii) "Nominated Telecommunications Line(s)" means the telecommunications line(s) nominated by the subscriber and situated at a Site; and

(iv) "Site" means a single premises occupied by the subscriber or a wholly owned subsidiary of the subscriber.

(v) "Site Fee" means the fee payable by the subscriber in respect of each Site where Nominated Telecommunications Lines are situated as set out in Part 8 of Section VII of Part 6 of the First Schedule hereto.

(3) It shall be a condition of the application of the Multi-Site Discount facility that:

(i) the subscriber pays the Network Fee and the Site Fee set out in Parts 8 of Section VII of Part 6 of the First Schedule hereto;

(ii) Eligible Subscriber Dialled Calls shall be made only from Site(s) of which there shall be at least two (as distinct from a single Site);

(iii) charges for Eligible Subscriber Dialled Calls shall be brought to account by way of a single bill in respect of all Nominated Telecommunications Lines;

(iv) accounts to which the Multi-Site Discount facility applies shall be discharged in full within 14 days of the date of issue of the bill, or by means of a direct debit mandate approved by Bord Telecom Eireann plc.;

(v) the average monthly call usage of all the Nominated Telecommunications Lines for Multi Site Volume Discount must exceed £20 per month: and

(vi) Eligible Subscriber Dialled calls shall not be eligible for any further or other discounts (including any other discounts under Articles 18, 19, 19(A), 19(B), 19(0 and 19(E) of this Scheme).

( c ) the addition of the following Article 19(E) after Article 19(D) thereof:

"19(E) (1) Bord Telecom Eireann plc may provide a facility (in this Scheme referred to as "Residential International Bonus" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber connected to the fixed telephone network through a telephone exchange other than a metered telephone exchange may, on the payment of a subscription receive a discount on Eligible Calls on a single telephone account. The Residential International Bonus shall be calculated as set out in Part 9 of Section VII of Part 6 of the First Schedule to this Scheme. Bord Telecom Eireann plc. may, at its absolute discretion withdraw the "Residential International Bonus" facility from all or any subscribers.

2. For the purposes of this Scheme "Eligible Calls" are subscriber dialled calls made to telephone exchanges outside the State (excluding Northern Ireland) made from a telephone exchange line rented by a subscriber (excluding Chargecard calls, Eirpac calls, calls to packet switched networks, unrestricted 64 Kb calls made by use of the Integrated Services Digital Network (ISDN) facility, calls made to Premium Rate Telephone Services, Directory Enquiry calls, calls to Call Management Services, calls made by use of the International Virtual Private Network Facility, calls made to Inmarsat and Skyphone Mobile Telephony Systems, Operator Assisted calls and Freefone 1800, 1850 and 1890 calls received by the subscriber).

(3) It shall be a condition of the application of the "Residential International Bonus" facility that:

(i) the subscriber pays the subscription charge set out in Part 9 of Section VII of Part 6 of the First Schedule hereto;

(ii) an account to which the Residential International Bonus facility applies shall be discharged in full within 14 days of the date of issue of the bill or by means of a direct debit mandate approved by Bord Telecom Eireann plc.; and

(iii) Eligible Calls shall not be eligible for any further or other discounts (including any discount under Articles 18, 19(A), 19(B), 19(0 and 19(D) of this Scheme)."

( d ) the addition of the following paragraph (18) to Article 63 thereof:

"63 (18) Bord Telecom Eireann plc may provide a facility (in this Scheme referred to as "National Virtual Private Network" facility (VPN)) to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make telephone calls within Ireland (including Northern Ireland) to predetermined telephones in Ireland (including Northern Ireland) ["On Net Calls"] or to other telephones within Ireland (including Northern Ireland] ["Off Net Calls"]. There shall be charged to the telephone subscriber and paid by him in respect of the National Virtual Private Network facility the charges specified in Section X of Part 6 of the First Schedule to this Scheme."

( e ) the substitution of the following Part 3 of the First Schedule for Part 3 of the First Schedule thereto:

(Article 58)

"PART 3

Subscriber Dialled Trunk Calls

Table

Standard Rate

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. (8 p.m. for calls to NCRTN equipment) on normal working days from Monday to Friday (inclusive).

Reduced Rate

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. (8 p.m. for calls to NCRTN equipment) and before 8 a.m. from Monday to Friday (inclusive) for calls described in Paragraph 1 of the Table; and

(ii) all day on Saturday, Sunday and Public Holidays for calls described in Paragraph 2 of the Table.

(iii) such other times as Bord Telecom Éireann plc. may from time to time announce by advertisement in the national morning daily newspapers.

Weekend Rate

The weekend rate applies to calls described in Paragraph 1 of the Table made as follows:

(i) on Saturdays, Sundays and Public Holidays; and

(ii) on such other times as Bord Telecom Éireann plc. may from time to time announce by advertisement in the national morning daily newspapers.

3. For calls (except calls from metered telephone exchanges) made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

4. For calls (made from metered telephone exchanges) made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

".

(f) the substitution of the following Section III of Part 6 of the First Schedule for Section III of Part 6 of the First Schedule thereto:

"Section III

Charges in respect of Freefone 1800 service.

Charges in respect of 1850 service.

Charges in respect of 1890 service.

PART I

Call Charges (Recipient) -- Freefone 1800 Service and 1850 Service

Call Charges between exchanges in the State:

PART 2

Call Charges (Recipient) 1890 Service

Call Charges between exchanges in the State:

PART 3

Charges in Respect of incoming International Freefone Calls

For calls made at all times (except where otherwise stated) to exchanges in the State from exchanges in:

PART 4

Additional Charges

.";

( g ) the substitution of the following Section IV of Part 6 of the First Schedule for Section IV of Part 6 of the First Schedule thereto:

"(Article 63 (II))

Section IV

Charges for International Virtual Private Networks (IVPN)

TABLE: IVPN CALLS

Minimum set-up charge of 6.4p per call

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

BANDS

4. Supplementary Charges

.";

( h ) the substitution of the following Section VII of Part 6 of the First Schedule of Section VII of Part 6 of the First Schedule thereto:

"Section VII

Volume Discounts

(Article 18, 19, 19A, 19B, 19C, 19D, 19E, 20, 20B)

PART 1 International Volume Discount

Volume discounts on International calls are applied on a monthly basis to the combined total of Eligible International Volume Discount Calls as per Article 18, as follows:

PART 2 Total Volume Discount

Volume discounts on total calls are applied on a monthly basis to the combined total of Eligible Total Volume Discount calls as per Article 19, as follows:

PART 3 International Freefone Volume Discount

Volume discounts on International Freefone Calls are applied on a monthly basis to the combined total of Eligible Freefone 1800 Calls as per Article 20, so as to result in the following reduced charges:

PART 4 'B' Trunk Volume Discount

Volume discounts on 'B' Trunk calls are applied to the total eligible 'B' Trunk calls as per article 19A, as follows:

PART 5

International Term Discount

Discounts on Eligible International Calls are applied to total Eligible International Calls as per article 19B, as follows;

PART 6

(i) National 18XX Discount

Discounts on Eligible 18XX Calls are applied to National 18XX Calls as per article 20B as follows:

Approximate Discounted Rate Per Minute

(ii). Regional Extension Fees

On National 18XX discount options 3 or 4 it is possible to avail of regional extension fees whereby traffic is collected within a region and is transported by Bord Telecom Éireann plc. to its ultimate destination thus bypassing National 18XX rates.

PART 7 (i) Business Selections Discount

7(i). Volume discounts on Business Selections calls are applied on a monthly basis to the combined total of Eligible Business Selections Calls as follows:

7(ii). Inter City Routes

(Calls made on the following routes are calls made on Inter City Routes for the purposes of the Business Selections Discount facility. The routes are one way).

PART 8

Multi-Site Discount

Multi Site Volume discounts are applied on a monthly basis to the combined total of Eligible Subscriber Dialled Calls from Nominated Telecommunications lines as follows:

PART 9

Residential International Bonus

Volume discounts on Residential International calls are applied on a bi-monthly basis to the combined total of Eligible Calls as follows:

(i) the substitution of the following Section VIII of Part 6 of the First Schedule for Section VIII of Part 6 of the First Schedule thereto:

"(Article 63 (13))

Section VIII

Charges in Respect of Integrated Services Digital Network Facility

NOTE 1: Basic Access, which consists of 2B+1D channels, is provided with 2 free numbers.

NOTE 2: Primary access, which consists of 30B+1D channels, is provided with 100 free numbers.

NOTE: Every Primary Rate is entitled to 100 free DDI numbers.

Multiple Supplementary Services

Call Charges

1. Standard 3.1kHz voice calls are charged as per Parts 2 to 5 (inclusive), Part 6 Section I (other than subsection 13), Section II and Section VI of this Schedule.

2. Unrestricted 64 Kb call charges between exchanges in the State, and between exchanges in the State and exchanges in Northern Ireland.

3. Unrestricted 64 Kb call charges from exchanges in the State to exchanges in:

( j ) the addition of the following Section X of Part 6 of the First Schedule after IX of Part 6 of the First Schedule:

"Section X

Charges for National Virtual Private Networks (VPN)

*Each of these charges is applied on a per user basis. A user can be either a PABX group of extensions or an individual direct exchange line.

CALL CHARGES

On Net Call Charges

*Local calls are calls between separate exchange lines within the same local call area. Calls between extensions off the same PABX are free.

Off-net Call Charges

Remote Access Call Charges

TERM AND VOLUME DISCOUNT PLANS

Monthly Term and Volume Discounts on Rental Charges

Monthly Term and Volume Discounts on Call Charges

".

PRESENT when the Common Seal of Bord Telecom Eireann plc. was affixed thereto this 11th day of June, 1997.