S.I. No. 282/1998:

TELECOMMUNICATIONS (AMENDMENT NO. 5) SCHEME, 1998

TELECOMMUNICATIONS (AMENDMENT NO. 5) SCHEME, 1998

Bord Telecom Eireann 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. 5) Scheme, 1998.

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

(2) Article 4 shall come into operation on 8 August 1998.

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 deletion of the existing Articles 63(11) and 63(18) thereof and the addition of the following paragraph 21 to Article 63 thereof:

"63(21) Bord Telecom Eireann plc may provide a facility (in this Scheme referred to as "Virtual Private Network" 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 may make direct dialled calls to predetermined telephone numbers ("On-Net Calls") or to other telephone numbers ("Off-Net Calls"). There shall be charged to the telephone subscriber and paid by him in respect of the Virtual Private Network facility the charges specified in Part 1 and Part 2 of Section X of Part 6 of the First Schedule to this Scheme."

(b) The addition of the following paragraph 21 (A) to Article 63 after paragraph 21 of Article 63 hereof:

"63(21)(A)(i) Bord Telecom Eireann plc may provide a facility (in this Scheme referred to as "Virtual Private Network Discount" facility) to Virtual Private Network subscribers who have entered into an agreement with Bord Telecom Eireann plc for the provision of the Virtual Private Network facility for 1, 2, 3 or 5 years, whereby such subscribers shall be entitled to a discount on the then prevailing monthly rental charges and Call Charges for the Virtual Private Network facility as set out in Part 1 and Part 2 of Section X of Part 6 of the First Schedule to this Scheme where the monthly rental charges and Call Charges payable by the subscriber to Bord Telecom Eireann plc are within the thresholds set out in Part 3 of Section X of Part 6 of the First Schedule to this Scheme. The level of such discount is as set out in Part 3 of Section X of Part 6 of the First Schedule to this Scheme.

(ii) For the purposes of this Scheme:

"Call Charges" shall mean direct dialled calls made using the Virtual Private Network facility excluding directory enquiry calls, chargecard calls, Eirpac calls, calls to Premium Rate services, calls to Call Management Services, calls made to Inmarsat and Skyphone Mobile telephony systems, Freefone 1800 calls. CallSave 1850 calls and Lo Call 1890 calls received by the subscriber.

(iii) It shall be a condition of the application of the Virtual Private Network Discount facility that:

(a) accounts to which the Virtual Private Network Discount facility apply 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

(b) Call Charges shall not be eligible for any further or other discounts.

(c) the substitution of the following Section X of Part 6 of the First Schedule for Section IV and Section X of Part 6 of the First Schedule thereto:

Section X

Charges for Virtual Private Network (VPN)

Part 1

Connection and Rental

Note (1): For National VPN subscribers requiring international on-net connectivity.

Note (2): £0 connection for the first block of 10 BRA DDI numbers, £20 connection for subsequent blocks of 10 BRA DDI numbers.

Note (3): £0 connection for the first block of 100 PRA DDI numbers, £100 connection for subsequent blocks of 100 PRA DDI numbers.

Note (4): 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.

* 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.

Part 2

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

Note: All remote access calls must originate from the Bord Telecom Eireann plc PSTN/ISDN network.

Part 3

Term & Volume Discount Plans

EXPLANATORY NOTE

The purpose of this Scheme is to effect certain modifications to the Telecommunications Scheme, 1994.