S.I. No. 62/1942 - Telephone Regulations, 1942.

STATUTORY RULES AND ORDERS. 1942. No. 62.

TELEPHONE REGULATIONS, 1942.

I, PATRICK LITTLE, Minister for Posts and Telegraphs, in exercise of the powers vested in me by the Telegraph Acts, 1863 to 1928, and, in particular, by section 2 of the Telegraph Act, 1885, and of every and any other power me in this behalf enabling and with the consent of the Minister for Finance testified by his signature hereto, do hereby make the following Regulations, that is to say :—

1 Short title.

1. These Regulations may be cited as the Telephone Regulations, 1942.

2 Commencement.

2. These Regulations shall come into operation on the first day of February, 1942.

3 Interpretation.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

4 Definitions.

4. In these Regulations—

the expression " the Minister " means the Minister for Posts and Telegraphs,

the word " telephone " means a telegraphic transmitting or receiving instrument used or intended to be used at any office for the purpose of transmitting or receiving by means of electricity spoken messages or communications,

the expression " telephonic message " means a spoken message or communication transmitted by telephone,

the word " office " means a building, part of a building, or other place which is telegraphically connected or intended to be connected, whether permanently or temporarily, by a telegraphic line or telegraphic lines with some other building, part of a building, or place (whether the buildings, parts of buildings, or places respectively be occupied or used solely by one person or by two or more persons jointly) and in which telephones are intended to be used for the purpose of enabling any person to transmit from and receive at such building, part of a building, or place telephonic messages,

the word " exchange " means a building or apparatus telegraphically connected or intended to be so connected with two or more offices by telegraphic lines and used or intended to be used for the purpose of enabling telephonic messages to be transmitted direct between such offices by means of or with the aid of such lines and of appliances placed in or forming part of the exchange,

the expression " exchange line " means a telegraphic line and apparatus connecting an exchange with an office,

the word " subscriber " means a person with whom the Minister makes or has made an agreement for the purpose of enabling such subscriber to communicate with other persons by means of the telegraphic line specified in that agreement and through the medium of an exchange,

the word " agreement " means an agreement between the Minister and a subscriber,

references to calls made by a subscriber shall be construed as meaning calls made by means of an exchange line which is the subject of an agreement, whether the call is made by the subscriber or by another person,

the expression " exchange system " means an exchange or group of exchanges directed by the Minister to be regarded as an exchange system, together with the exchange lines to any such exchange and, in the case of any such group of exchanges, the telegraphic lines connecting those exchanges with one another,

the expression " trunk line " means a telegraphic line used for telephonic communication and connecting an exchange system with another exchange system,

the expression " call office " means an office open to the public for the purpose of the transmission and reception of telephonic messages,

the word " caller " means a person attending at a call office for the purpose of transmitting or receiving a telephonic message,

the expression " international telephone line " means a telegraphic line used for telephonic communication between any place or places in the State and any place or places outside the State,

the expression " telegraphic line " has the meaning given to it by the Telegraph Act, 1878, for the purposes of that Act,

the expression " local call " means a call either to an office connected with the exchange (in this and the next following definition referred to as the primary exchange) with which the subscriber making the call, or the call office from which the call is made, is connected or to an office connected with an exchange which is distant not more than seven and one-half miles from the primary exchange,

the expression " trunk call " means a call to an office connected with an exchange which is distant more than seven and one-half miles from the primary exchange,

the expression " personal call " means a call which is specified by the subscriber or caller to be a call for establishment of telephoniccommunication between the subscriber or caller and a designated person or, at the request (made when the application for the call is made) of the subscriber or caller, between the subscriber or caller and a designated person or a substitute for that person,

the expression " personal charge " means a charge in respect of a personal call or an attempt to effect a personal call,

the expression " fixed-time call " means a call to be effected at or about a time specified in advance by the subscriber or caller,

the expression " fixed-time charge " means a charge in respect of a fixed-time call or an attempt to effect a fixed-time call.

5 Charges for calls by a subscriber.

5. (1) In respect of every call made by a subscriber where the distance between the exchanges connected for the purpose of the call does not exceed thirty-five miles, there shall be charged and paid (subject to the provisions of Regulation 13 hereof), for each period of three minutes or a part of three minutes during which the call continues, the charge stated in the First Schedule to these Regulations which is appropriate to the call.

(2) In respect of every call made by a subscriber where the distance between the exchanges connected for the purpose of the call exceeds thirty-five miles, there shall be charged and paid (subject to the provisions of Regulation 13 hereof)—.

(a) if the duration of the call does not exceed three minutes, the charge stated in the First Schedule to these Regulations which is appropriate to the call, or

(b) if the duration of the call exceeds three minutes, the charge stated in the said First Schedule which is appropriate to the call together with, for each minute or part of a minute in excess of three minutes during which the call continues, a further charge equal to one-third of the said charge stated in the said First Schedule which is appropriate to the call.

6 Charges for calls by a caller from a call office.

6. (1) In respect of every call made by a caller from a call office where the distance between the exchanges connected for the purpose of the call does not exceed thirty-five miles, there shall be charged and paid, for each period of three minutes or a part of three minutes during which the call continues, the charge stated in the Second Schedule to these Regulations which is appropriate to the call.

(2) In respect of every call made by a caller from a call office where the distance between the exchanges connected for the purpose of the call exceeds thirty-five miles, there shall be charged and paid,

(a) if the duration of the call does not exceed three minutes, the charge stated in the Second Schedule to these Regulations which is appropriate to the call, or

(b) if the duration of the call exceeds three minutes, the charge stated in the said Second Schedule which is appropriate to the call together with, for each minute or part of a minute in excess of three minutes during which the call continues, a further charge equal (subject to the next following paragraph of this Regulation) to one-third of the said charge stated in the said Second Schedule which is appropriate to the call.

(3) Where the total sum chargeable and payable under the next preceding paragraph of this Regulation in respect of a call to which sub-paragraph (b) of that paragraph applies includes a fraction of one penny, the said total sum shall be increased to the lowest larger sum which does not include a fraction of one penny, and that larger sum shall be chargeable and payable in respect of the call.

7 Computation of distance between exchanges.

7. (1) The distance between two exchanges connected for a call shall, for the purpose of computing the charge for such call, be measured in a straight line on a horizontal plane.

(2) Every doubt, question, or dispute which shall arise in respect of the distance under this Regulation between two exchanges shall be decided by the Minister, and the decision of the Minister thereon shall be final and conclusive.

8 Commencement, duration, and terminmation of calls.

8. Every doubt, question, or dispute which shall arise in respect of the time of commencement, the duration, or the time of termination of a call shall be decided by the Minister, and the decision of the Minister thereon shall be final and conclusive.

9 Contracts for use of trunk lines.

9. The Minister may contract with any subscriber for the regular daily use of a trunk line at reduced charges.

10 Special call office charge for trunk calls.

10. Subject to the provisions of these Regulations, there shall be charged and paid for the use of a call office by a caller for the purpose of making a trunk call a sum not exceeding two pence for each period of three minutes or part of three minutes during which the call is continued, and such charge shall be additional to the charge under Regulation 6 in respect of the call.

11 Personal calls.

11. (1) There shall be charged and paid for a personal call (in addition to such other charge or charges as may be payable under these Regulations in respect of the call) a personal charge as follows :—

(a) in the case of a call by a subscriber, if the call is made at or after 9.0 a.m. and before 7.0 p.m. the sum of one shilling or, if the call is made at or after 7.0 p.m. and before 9 a.m. the sum of sixpence, but subject in each case to the provisions of Regulation 13 hereof,

(b) in the case of a call by a caller from a call office, if the call is made at or after 9 a.m. and before 7 p.m., the sum of one shilling and one penny or, if the call is made at or after 7 p.m. and before 9 a.m. the sum of seven pence.

(2) Where a personal call is cancelled by the caller before it is connected and where a personal call is cancelled because the designated person, or neither the designated person nor a substitute for him, is available, the charge under the foregoing paragraph of this Regulation shall be charged and paid notwithstanding such cancellation.

12 Fixed-time calls.

12. (1) There shall be charged and paid for a fixed-time call (in addition to such other charge or charges as may be payable under these Regulations in respect of the call) a fixed-time charge as follows :—

(a) for a fixed-time call, irrespective of its duration, a sum equal to twenty-five per cent. of the sum chargeable under these Regulations (other than this Regulation) for the call or, if the call exceeds three minutes duration, the first three minutes thereof, with a minimum of threepence (subject to the provisions of Regulation 13 hereof) in the case of a call by a subscriber or of fourpence in the case of a call from a call office ;

(b) for each daily fixed-time call during a minimum period of one week (whether such week is calculated as including or as excluding all or any of the following days, viz.—Sundays, Saturdays, and public holidays), irrespective of the duration of the call, a sum equal to twelve and one-half per cent. of the sum chargeable under these Regulations (other than this Regulation) for the call or, if the call exceeds three minutes duration, the first three minutes thereof, with a minimum of threepence (subject to the provisions of Regulation 13 hereof) in the case of a call by a subscriber or of fourpence in the case of a call from a call office.

(2) Where a single fixed-time call or a daily fixed-time call is cancelled by the caller before it is connected, there shall be charged as a cancellation fee, in lieu of all other charges, a sum equal totwenty-five per cent. of the charge which would be payable under these Regulations (other than this Regulation) for the call if it had been effected and did not exceed three minutes duration, with a minimum of threepence (subject to the provisions of Regulation 13 hereof) in the case of a call by a subscriber or of fourpence in the case of a call from a call office.

13 Additional percentage charge for calls by subscribers.

13. (1) In the case of every call (including personal calls and fixed-time calls) by a subscriber, there shall be charged and paid for the call (in addition to the charge or charges under any of these Regulations other than this Regulation) an additional charge equal in amount to five per cent. of such one or more of the following charges as is or are chargeable in respect of the call, that is to say :—

(a) the charge under Regulation 5 hereof ;

(b) the charge under sub-paragraph (a) of paragraph (1) of Regulation 11 hereof;

(c) the minimum charge under either sub-paragraph of paragraph (1) of Regulation 12 hereof.

(2) Where a cancellation fee under paragraph (2) of Regulation 11 hereof or under paragraph (2) of Regulation 12 hereof is payable by a subscriber, there shall be charged and paid by such subscriber (in addition to the said cancellation fee) an additional cancellation fee equal in amount to five per cent. of the said cancellation fee.

14 Limit of duration.

14. Calls for a period exceeding three minutes may be allowed but no person shall be entitled as of right to continue a call for a period exceeding three minutes.

15 Application of Telegraph and Postal facilities.

15. (1) A telephonic message may be received for further transmission as a telegram, letter, express letter, or air mail letter, and a reply to any such express letter handed to a messenger may on request be telephoned to the sender of the express letter or other person subject to the regulations and charges applicable, including the charge for any telephone call involved.

(2) Where a telephonic message is received at a Post Office and is further transmitted as a telegram, letter, express letter, or air mail letter, the regulations made by the Minister in relation to telegrams, letters, express letters, and air mail letters (as the case may be) and the charges payable therefor shall apply in the same manner as though such telegram, letter, express letter, or air mail letter (as the case may be) had been handed to an officer of the Post Office or posted.

(3) Where a telephone message is transmitted to a Post Office for further transmission as a letter, express letter, or air mail letter, each thirty words of such message, or any less number of words over and above thirty or a multiple of thirty shall, for the purpose of the charge for such, further transmission but not for any other purpose, be treated as a separate letter, express letter, or air mail letter, as the case may be.

(4) A reply to an express letter telephoned from a Post Office shall be subject to all charges imposed by these Regulations and the regulations in relation to express letters as though it were a separate service.

16 Indecent and offensive messages not to be transmitted.

16. (1) No telephone shall be used—

(a) for the transmission of any message or communication which is grossly offensive or of an indecent, obscene or menacing character, whether addressed to an operator or any other person, or

(b) for the persistent making of telephone calls without reasonable cause or for the purpose of causing annoyance, inconvenience, or needless anxiety to any person.

(2) The Minister may interrupt any conversation or refuse to give the means of telephonic conversation to any subscriber or caller offending against this Regulation and may suspend without notice the telephone service of any subscriber whose telephone is so used unless or until such assurance is received as the Minister may deem sufficient that the offence will not be repeated.

(3) Where the Minister exercises any of his powers under this Regulation he shall not be obliged to return or refund any charge or subscription because of such exercise.

(4) Where the Minister exercises any of his powers under this Regulation, such exercise shall not prejudice or affect the exercise of any other right of the Minister.

17 Omissions, etc., in Telephone Directories.

17. No subscriber shall have any claim against the Minister or any of his officers in respect of the omission of any entry from a Telephone Directory or in respect of any error in any entry in a Telephone Directory.

18 Non-liability of the Minister.

18. (1) Neither the Minister nor any of his officers shall be liable for or in respect of—

(a) any damage or injury caused by any electric current emanating from a source other than premises of the Department of Posts and Telegraphs ;

(b) any loss or injury which may be incurred or sustained in connection with telephonic service ;

(c) and in particular (but without prejudice to the generality of the foregoing paragraphs) any loss or injury which may be incurred or sustained by reason or on account of any interruption of or failure in communication over any telegraphic line or an exchange system or by reason of or in connection with the taking or giving of messages by the Minister's officers, whether such loss, damage, or injury does or does not arise through the act or default of any officer of the Minister.

(2) A subscriber shall not be entitled to any abatement of subscription in respect of any such loss, damage, or injury as is mentioned in the foregoing paragraph of this Regulation or of any such interruption or failure as is similarly mentioned.

19 Saving for agreements.

19. Nothing in these Regulations shall alter or affect the terms of an agreement made before the date when these Regulations come into for with reference to any matters arising under such agreement before that date.

20 Remission of charges.

20. Without prejudice to these Regulations, the Minister may in any case in which he may consider it just or reasonable so to do remit any sum made payable under these Regulations.

21 Printing of Regulations.

21. These Regulations shall be printed from time to time as amended by all Regulations made prior to the date of such printing.

22 Revocations.

22. The Telephone Regulations, 1921, and the Telephone Amendment (No. 1) Warrant, 1926, are hereby revoked.

FIRST SCHEDULE.

CHARGES FOR CALLS BY A SUBSCRIBER.

PART I.

If the call is to an office connected with the exchange with which the calling subscriber is connected—one penny.

PART II.

If the call is to an office connected with an exchange other than the exchange with which he calling subscriber is connected and the call is made at or after 9 a.m. and before 7 p.m.—the sum shown in the following table which is appropriate to the call:—

FIRST SCHEDULE.

CHARGES FOR CALLS BY A SUBSCRIBER.

PART III.

If the call is to an office connected with an exchange other than the exchange with which the calling subscriber is connected and the call is made at or after 7 p.m. and before 8 a.m.—the sum shown in the following table which is appropriate to the call:—

SECOND SCHEDULE.

CHARGES FOR CALLS BY A CALLER FROM A CALL OFFICE.

PART I.

If the call is to an office connected with the exchange with which the call office is connected—two pence.

PART II.

If the call is to an office connected with an exchange other than the exchange with which the call office is connected and the call is made at or after 9.0 a.m., and before 7.0 p.m.—the sum shown in the following table which is appropriate to the call :—

SECOND SCHEDULE.

CHARGES FOR CALLS BY A CALLER FROM A CALL OFFICE.

PART III.

If the call is to an office connected with an exchange other than the exchange with which the call office is connected and the call is made at or after 7.0 p.m. and before 9.0 a.m.—the sum shown in the following table which is appropriate to the call :—

GIVEN under my Official Seal of Office this 9th day of January, 1942.

(Signed) PATRICK LITTLE,

 Minister for Posts and Telegraphs.

I hereby consent to the foregoing Regulations.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Finance.

Dated this 19th day of January, 1942.