S.I. No. 445/1998:

TELECOMMUNICATIONS (AMENDMENT) (NO. 9) SCHEME, 1998.

TELECOMMUNICATIONS (AMENDMENT) (NO. 9) 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. 9) Scheme, 1998.

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

(2) Article 4(a), Article 4 (b), Article 4(c), Article 4(f), Article 4(g) and Article 4(i) shall come into operation on 25th November 1998.

(3) Article 4(h) shall come into operation on 1st December 1998.

(4) Article 4(k) shall be deemed to have come into operation on 1st November 1998.

(5) Article 4(d) and Article 4(e) shall come into operation on the 9^th December 1998.

(6) Article 4(j) shall come into operation on 16^th December 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 substitution of the following Article 19(C) for Article 19(C) thereof:

"19(C)(1) Bord Telecom Éireann 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 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 6(i) of Section VII of Part 6 of the First Schedule to this Scheme. Bord Telecom Éireann 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, calls made to Premium Rate Telephone Services, Directory Enquiry calls, calls to Call Management Services, calls made by use of the Virtual Private Network facility, calls made to Inmarsat and Skyphone mobile telephony systems and Freefone 1800 calls, 1850 calls 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 6(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 6(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."

(b) the substitution of the following Article 19(D) for Article 19(D) thereof:

"19(D)(1) Bord Telecom Éireann 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 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 7 of Section VII of Part 6 of the First Schedule to this Scheme. Bord Telecom Éireann 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 Virtual Private Network facility, Freefone 1800 calls, 1850 calls and 1890 calls received by the subscriber, 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 7 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;

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

(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 7 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 Part 7 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 Éireann plc;

(v) the average monthly call usage of all the Nominated Telecommunications Lines for Multi Site Volume Discount must exceed £20.00 per month; and

(vi) Eligible Subscriber Dialled calls shall not be eligible for any further or other discounts.

(c) the addition of the following Article 19(H) after Article 19(G) thereof:

"19(H) (1) Bord Telecom Eireann plc may provide a facility (in this Scheme referred to as "Business Circles 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 receive a discount on Eligible Calls on a single telephone account. The discount shall be calculated as set out in Part 11 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 Circles Facility from all or any telephone subscribers.

(2) For the purposes of this Scheme "Eligible Calls" are subscriber direct dialled calls (excluding Chargecard calls, calls to the Eirpac Service, calls to other packet-switched networks, unrestricted 64Kb calls made by use of the Integrated Services Digital Network (ISDN) facility, calls made to Premium Rate Telephone Service, calls to Directory Enquiry Service, calls to Call Management Services, calls made by use of the Virtual Private Network facility, calls made to Inmarsat and Skyphone mobile telephony systems, operator assisted calls, Freefone 1800 calls received by the subscriber, 1850 calls received by the subscriber and 1890 calls received by the subscriber), made from the telephone subscriber's business telephone exchange line to five Nominated Numbers.

(3) For the purposes of this Scheme "Nominated Numbers" are telephone numbers nominated to Bord Telecom Eireann plc by a subscriber wishing to avail of the Business Circles Facility (the "Applicant") from time to time in accordance with the provisions of this Scheme and includes the Initial Nominated Numbers.

(4) For the purposes of this Scheme "Initial Nominated Numbers" means the five telephone numbers nominated by the Applicant when he/she first applies to avail of the Business Circles Facility.

(5) It shall be a condition of the application of the "Business Circles Facility" that:

(i) the Applicant accepts that he or she may only advise Bord Telecom Eireann plc of three alterations to the Nominated Numbers in any twelve month period commencing on the date of nomination of the Initial Nominated Numbers and any such alteration in excess of three in any one such twelve month period shall only be made on payment of a fee of £2.50 (including VAT).

(ii) an account to which the Business Circles 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;

(iii) Eligible Calls shall not be eligible for any further or other discounts;

(d) the substitution of the following Article 57(1)(c) for Article 57(1)(c) thereof:

"57(1)(c) Eirpage equipment

there shall be charged to the telephone subscriber and paid by him whichever of the charges specified in Section II of Part 6 of the First Schedule to this Scheme is appropriate to such telephone call".

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

Part 6

Special Telephone Service

Section II

Charges which are payable in lieu of all other charges set out in the other Parts of this Schedule.

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

Part 6. (i) Business Selections Discount

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:

Note⁽¹⁾ National rate incorporates the former A (under 56Km), B (over 56Km) and B(i/c) Trunk rates.

(g) the substitution of the following Part 7 of Section VII of Part 6 of the First Schedule for Part 7 of Section VII of Part 6 of the first Schedule thereto:

Part 7. 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:

Note (1) National rate incorporates the former A (under 56Km) and B (over 56Km).

INTERNATIONAL BANDS

(h) the substitution of the following Part 10 of Section VII of Part 6 of the First Schedule for Part 10 of Section VII of Part 6 of the First Schedule thereto:

Part 10: TalkSaver and Business Savers

Monthly Bill:

When the combined total of Eligible Calls exceeds £25 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 £25 does not attract a discount.

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

3. National calls are the combined total of former 'A' and 'B' Trunk calls.

Bi Monthly Bill:

When the combined total of Eligible Calls exceeds £50 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 £25 does not attract a discount.

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

3. National calls are the combined total of former 'A' and 'B' Trunk calls.

(i)  the addition of the following Part 11 to Section VII of Part 6 of the First Schedule thereto:

Part 11. Business Circles

Monthly Bill:

A discount of 15% on the combined total of Eligible Calls made in any billing period as per Article 19(H).

(j) the substitution of the following part of Part 3(a) of Section XI of Part 6 of the First Schedule for the corresponding part of Part 3(a) of Section XI of Part 6 of the first Schedule thereto:

NATIONAL

(k) the submission of Part 8 of the First Schedule for Part 8 of the First Schedule thereto:

Part 8

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All prices are exclusive of VAT.

PRESENT when the Common Seal of BORD TELECOM EIREANN PLC was affixed thereto this 16 day of November 1998.

Director

Ronald Bolger

Director

EXPLANATORY NOTE

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