S.I. No. 220/1998:

TELECOMMUNICATIONS (AMENDMENT) (NO. 4) SCHEME, 1998.

TELECOMMUNICATIONS (AMENDMENT) (NO. 4) SCHEME, 1998.

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. 4) Scheme, 1998.

2. (1) The collective citation "the Telecommunications Schemes, 1994 to 1998" includes this Scheme.

(2) Articles 4(a), (d), (e) and (f) shall come into operation on 1 July 1998.

(3) Articles 4(b) and 4(c) shall be deemed to have come into operation on 1 October 1997.

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

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

(a) the addition of the following paragraph 20 to Article 63 thereof:

"63(20)(i) Bord Telecom Éireann plc may provide a facility (in this Scheme referred to as "Internet Access Service") to Internet Service Providers whereby subscribers who also subscribe to Internet Service Providers may make an Internet Access Call. Internet Access Service shall be provided by the use of telephone exchange line numbers prefixed by an 1891 code. There shall be charged to the Internet Service Provider and paid by him in respect of the provision to him by Bord Telecom Éireann plc of the Internet Access Service the charges specified in Part 1 of Section XII of Part 6 of the First Schedule to this Scheme. There shall be charged to subscribers who also subscribe to Internet Service Providers and paid by the subscribers in respect of the use of the Internet Access Service the charges specified in Part 2 of Section XII of Part 6 of the First Schedule to this Scheme.

63(20) (ii) For the purposes of this Scheme,

"Internet Access Call" means a telephone call made from a telephone exchange line to:

(a) an Internet Access Point of Presence in the same Telephone Group; or

(b) an Internet Access Point of Presence in another Telephone Group which is regarded by Bord Telecom Éireann plc as being adjacent to the Telephone Group of the telephone subscriber making the Internet Access Call; or,

(c) an Internet Access Point of Presence in another Telephone Group which is not regarded by Bord Telecom Éireann plc as being adjacent to the Telephone Group of the telephone subscriber making the Internet Access Call provided that

(i) the Internet Service Provider has in excess of 21 Internet Access Points of Presence; or,

(ii) more than 80% of the lines in the Telephone Group from which the Internet Access

Call is made are connected to telephone exchanges which are parented from a telephone exchange in the Telephone Group where the Internet Access Point of Presence is located.

"Internet Service Provider" means an individual or a company who provides Internet Access Service to subscribers.

"Internet Access Point of Presence" means a part of a network of points provided by Bord Telecom Éireann plc whereby Internet Service Providers may avail of the facility to provide Internet Access Service.

"Telephone Group" has the meaning assigned to it by Article 56.

(b) the substitution of the following Article 89(A) for Article 89(A) thereof:

"89(A) (1) Bord Telecom Éireann plc may provide a facility (the "Facility") to subscribers whereby subscribers may receive a discount on the prevailing annual rental charges for leased lines used within Ireland as specified in Part 1 of the Second Schedule (the "Annual Rental Charges") on committing to the payment of one of the levels of annual rental (each a "Committed Rental Level") specified in Part 3, Section 1 of the Second Schedule hereto for a period of 2, 3 or 4 years (each a "Rental Period"). Where a subscriber wishes to avail of the Facility and chooses a Committed Rental Level and a Rental Period, Bord Telecom Éireann plc shall apply the corresponding percentage discount specified in Part 3, Section II of the Second Schedule to the Annual Rental Charges. Bord Telecom Éireann plc may, at its absolute discretion, withdraw the Facility from all or any subscribers."

(2) It shall be a condition of the application of the Facility that:

(a) the subscriber shall pay the Committed Rental Level chosen by it for the Rental Period chosen by it;

(b) where the sum payable by the subscriber in respect of the use of leased lines within Ireland in any 12 month period during the Rental Period chosen by it is less than the minimum threshold of the Committed Rental Level chosen by it then the subscriber shall pay to Bord Telecom Éireann plc the corresponding Minimum Annual Rental as set out in Parts 3, Section III of the Second Schedule hereto. For the purposes of this Scheme a 12 month period shall be calculated from the commencement of the Rental Period and after the first year from the anniversary of the commencement of the Rental Period;

(c) in the event of a subscriber failing to reach the Committed Rental Level chosen by the subscriber in the Rental Period chosen by the subscriber due to a price reduction by Bord Telecom Éireann plc then the subscriber shall be entitled to negotiate a revised Committed Rental Level with Bord Telecom Éireann plc and shall be entitled to the appropriate discount based on revised Committed Rental Level so negotiated without penalty for the remainder of the unexpired term of the Rental Period chosen by the subscriber;

(d) in the event that the subscriber ceases to avail of the Facility prior to the expiry of the Rental Period chosen by the subscriber the subscriber shall be liable to pay to Bord Telecom Éireann plc a sum equivalent to 5% of the corresponding Minimum Rental Level calculated in accordance with Part 3, Section III of the Second Schedule hereto for the unexpired term of the Rental Period chosen by the subscriber;

(e) the subscriber may increase but not decrease the Committed Rental Level chosen by the subscriber annually on the anniversary of the initial implementation of the Facility on the subscriber's account. In the event of the Committed Rental Level being so increased, the subscriber shall be entitled to the appropriate increased discount for the unexpired term of Rental Period chosen by the subscriber;

(f) in the event of the Annual Rental Charges actually paid by the subscriber in a Rental Period chosen by the subscriber exceeding the upper threshold of the Committed Rental Level chosen by the subscriber the discount shall only be calculated on the Committed Rental Level chosen by the subscriber.

(c) the substitution of the following Part 3 of the Second Schedule for Part 3 of the Second Schedule thereof:

"PART 3

SECTION I

Committed Rental Levels

SECTION II

Discount Based on Rental Periods

SECTION III

Minimum Rental Levels

(d) the substitution of the following Second Schedule for the Second Schedule thereof:

"SECOND SCHEDULE

Leased Lines

PART I

(Article 89)

Within the State

Notes

⁽¹⁾Main Link Access Charge applies to all circuits where inter-exchange distance is greater than zero km.

⁽²⁾Distance is charged per kilometre for each Main-Link Kilometre or part thereof.

⁽³⁾All services are not necessarily supplied in all areas.

⁽⁴⁾All above amounts are annual rentals with the exception of connection fees which are once-off charges.

⁽⁵⁾Charges are exclusive of VAT.

Within the State

Notes

⁽¹⁾Main Link Access Charge applies to all circuits where inter-exchange distance is greater than zero km.

⁽²⁾Distance is charged per kilometre for each Main-Link Kilometre or part thereof.

⁽³⁾All services are not necessarily supplied in all areas.

⁽⁴⁾All above amounts are annual rentals with the exception of connection fees which are once-off charges.

⁽⁵⁾Charges are exclusive of VAT.

ANALOGUE INTERNATIONAL

Annual Rentals (Irish Share only)

The countries covered by the International Analogue Leased Zones are as follows:

Zone 1: U.K./Northern Ireland.

Zone 2: Belgium, France, Germany, Luxembourg and Netherlands.

Zone 3: Austria, Denmark, Greece, Italy, Norway, Portugal, Spain, Sweden and Switzerland.

Zone 4: U.S.A. and Canada.

DIGITAL INTERNATIONAL

Annual Rentals (Irish Share only)

Annual Rental

The countries covered by the International Digital Leased Circuit Zones are as follows:

Zone 1: U.K./Northern Ireland.

Zone 2: Belgium, France, Germany, Luxembourg and Netherlands.

Zone 3: Austria, Denmark, Finland, Greece, Italy, Norway, Portugal, Spain, Sweden and Switzerland.

Zone 4: U.S.A. and Canada.

Zone 5: Rest of the World.

PART 2

⁽¹⁾The ITU.T recommendations referenced refer to the 1988 version. ETSI has been requested to carry out further work on standards for leased lines.

⁽²⁾Minimum contract period is one year (shorter term contracts may be provided for international circuits).

⁽³⁾Leased Lines may be ordered from Bord Telecom Éireann plc public offices details of which are to be found in the telephone directory.

⁽⁴⁾M.1020 and M.1040 circuits are provided as 4 wire circuits.

⁽⁵⁾The special quality voice circuit provided by Bord Telecom Éireann plc is supplied to M.1020 specifications.

⁽⁶⁾The attachment requirements for terminal equipment to be connected to these leased lines are described in Common Technical Regulation 14 (CTR14).

⁽⁷⁾The attachment requirements for terminal equipment to be connected to these lines are described in CTR12.

⁽⁸⁾With cyclic redundancy checking in accordance with ITU.T G.706.

⁽⁹⁾In-service monitoring can facilitate improved maintenance by Bord Telecom Éireann plc.

⁽¹⁰⁾This refers to the period counted from the date when the customer has made a firm request for a leased line, in which 80% of all leased lines of the same type have been put through to the customer.

⁽¹¹⁾This refers to the time duration (in hours) within which 80% of leased lines of the same type are repaired. The time duration starts when a failure message is given to the appropriate unit in Bord Telecom Éireann plc and finishes when the line is re-established and in appropriate cases notified back to the user.

⁽¹²⁾The description above of the Typical Delivery Period and Typical Repair Time does not constitute legally binding commitment on the part of Bord Telecom Éireann plc to deliver or repair leased lines within such periods or times.

PART 3

SECTION I

Committed Rental Levels

SECTION II

Discount Based on Rental Periods

SECTION III

Minimum Rental Levels

.".

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

"SECTION VII

Volume Discounts

(Article 18, 19, 19A, 19B, 19C, 19D, 19E, 19F, 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:

Band 1:  U.K. and Northern Ireland.

Band 2:  Belgium, France, Germany, Luxembourg, Netherlands.

Band 3:  Austria, Denmark, Finland, Greece, Hungary, Italy, Norway, Portugal, Poland, Spain, Sweden, Switzerland.

Band 4:  Israel, Russia, Turkey.

Band 5a:  Canada, U.S.A.

Band 5:  North America (No Routes).

Band 6:  Australia, New Zealand.

Band 7:  Bahrain, South Africa.

Band 8:  Hong Kong, Japan, Philippines, South Korea, Singapore.

Band 9:  Rest of World.

PART 4.

'B' Trunk Volume Discount (no longer provided)

Volume discounts on 'B' Truck 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:

(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 per Article 19(C), 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 per Article 19(D), as follows:

INTERNATIONAL BANDS

PART 9

Residential International Bonus

Volume discounts on Residential International calls are applied on a bimonthly basis to the combined total of Eligible Calls as per Article 19(E), as follows:

PART 10

Circle of Friends

A discount of 10% on the combined total of Eligible Calls made in every two month period as per Article 19(F).

PART II

TalkSaver and Business Savers

Monthly Bill:

When the combined total of Eligible Calls exceeds £35 the following discounts are applied to the further Eligible Calls made during the bills period as per Article 19(G), as follows:

Note:

1. The combined total of all Eligible Calls up to a call value of £35 does not attract a discount.

2. Eligible Calls are aggregated in date and time order.

Bi-Monthly Bill:

When the combined total of Eligible Calls exceeds £70 the following discounts are applied to the further Eligible Calls made during the billing period as per Article 19(G), as follows:

Note:

1. The combined total of all Eligible Calls up to a call value of £70 does not attract a discount.

2. Eligible Calls are aggregated in date and time order.

(f) the addition of the following Section XII of Part 6 of the First Schedule after Section XI of Part 6 of the First Schedule.

"[Article 63(2)]

SECTION XII

Internet Access Service

PART 1

Charge to the Internet Service Provider

The Routing Data Charge is chargeable in respect of each addtional Internet Access Point of Presence and in respect of alteration to the routing data in respect of any Internet Access Point of Presence except where such changes are solely the result of number changes instigated by Bord Telecom Éireann plc.

PART 2

Charges for Subscriber Dialled Calls to the Internet Access Service

Table (Subscriber Dialled Calls)

Daytime Rate:

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

Evening Rate:

The evening rate applies to calls made as follows:

(i) at or after 6 p.m. and before 8 a.m. from Monday to Friday (inclusive);

(ii) all day on Saturday, Sunday and Public Holidays; and

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

PRESENT when the Common Seal of Bord Telecom Éireann plc was affixed thereto this 29 day of June 1998.

EXPLANATORY NOTE.

The purpose of this Scheme is to effect certain modifications to the Telecommuncations Scheme, 1994 ( S.I. No. 177 of 1994 ).