S.I. No. 195/1980 - Telephone Regulations, 1980.

S.I. No. 195 of 1980.

REGULATIONS entitled TELEPHONE REGULATIONS, 1980.

I, ALBERT REYNOLDS, Minister for Posts and Telegraphs, in exercise of the powers conferred on me by section 2 of the Telegraph Act, 1885, hereby make, with the consent of the Minister for Finance, the following Regulations:

PART I. PRELIMINARY.

1. These Regulations may be cited as the Telephone Regulations, 1980.

2. These Regulations shall come into operation on the 1st day of July, 1980.

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

4. (1) In these Regulations—

"agreement" means an agreement between the Minister and a subscriber;

"alarm clock call" means a call made at the request of a caller or subscriber from an exchange at a specified time to an exchange line or coin-box exchange line;

"caller" means a person attending at a call office or a person other than the subscriber making use of a coin-box exchange line for the purpose of transmitting or receiving a telephonic message;

"call office" means an office open to the public whether continuously or for such daily periods as may be determined from time to time by the Minister for the purpose of transmission and reception of telephonic messages;

"certified" means certified by the Minister or by a duly authorised officer of the Department of Posts and Telegraphs, and any such certificate shall be prima facie evidence of the matter certified;

"coin-box'' means a receptacle for coins rented from the Minister by a subscriber and connected with a telephone provided under an agreement;

"coin-box exchange line" means an exchange line with which is connected a coin-box;

"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, and designated by the Minister to be an exchange;

"exchange line" means a telegraphic line and apparatus connecting an exchange with an office, including extension lines and apparatus specified in the agreement between the Minister and a subscriber and all other telephone apparatus and accessories the property of the Minister in or on the subscriber's premises;

"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;

"external extension" means an extension line other than an internal extension line;

"fee" means any charge other than a charge specified in these Regulations made to a subscriber by the Minister in respect of a service rendered to the said subscriber;

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

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

"the group centre" has the meaning assigned to it by Regulation 5 of these Regulations;

"internal extension line" means an extension line wholly within or intended to be wholly within the same office and by means of which two points within the office are connected or are intended to be connected;

"local call" means any call referred to in paragraph (1) or paragraph (2) of Regulation 9 of these Regulations;

"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 or at 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;

"personal call" means a call which is specified by the subscriber or caller to be a call for establishment of telephonic communication 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;

"personal charge" means a charge in respect of a personal call or in respect of an attempt to effect a personal call;

"private branch exchange" means switching apparatus installed or intended to be installed in subscriber's premises and connected or intended to be connected both to exchange lines and to extension lines, and designed to provide intercommunication between the extension lines and communications between the extension lines and the exchange lines;

"private telephone circuit" means a telegraphic line and apparatus which connects one office with another independently of any exchange and which is rented from the Minister by the occupier or occupiers of the offices so connected for his or their exclusive use for the purpose of transmitting and receiving telephonic messages on his or their business or private affairs;

"reverse charge call" means a call between telephones in the State or between a telephone in the State and a telephone in Northern Ireland, Great Britain, the Isle of Man or the Channel Islands where the person making the call requests the telephone exchange operator that the charge or charges payable in respect of the call (save any personal charge in case the call is made from a coin-box exchange line) shall be charged to and payable by the person who is the subscriber in respect of the called telephone and the telephone exchange operator obtains from the person answering on the called telephone a consent to the request before the call is established;

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

"subscriber dialled trunk call" means a call which is made by a subscriber or a caller in which the connection of the call is effected by automatic switching and in respect of which the charge for the call is recorded on the meter associated with the subscriber's exchange line or the call office line as a number of metered units in accordance with Regulation 10 of these Regulations;

"subscription" means the sum due in accordance with the terms of the agreement in respect of rental of the exchange line specified in the agreement;

"subscriber's premises" means any premises where the exchange line is installed;

"telegraphic line" means a telegraphic line within the meaning of the Telegraph Act, 1878, for the purposes of that Act;

"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;

"telephone groups" has the meaning assigned to it by Regulation 5 of these Regulations;

"telephone service" means, except where the context otherwise requires, the facility provided by the Minister under an agreement at the premises of a subscriber whereby the said subscriber is enabled to transmit and receive telephonic messages concerning his business or private affairs;

"telephonic message" means a spoken message or communication transmitted by telephone;

"the Minister" means the Minister for Posts and Telegraphs;

"trunk call" means any call which is not a local call;

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

"urgent call" means a trunk call for which precedence is requested by the subscriber or caller and to which the Minister assigns a degree of precedence over other trunk calls which he considers appropriate.

(2) References in these Regulations to calls made by a subscriber shall be construed as references to 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.

PART II. CALL CHARGES AND OTHER MATTERS RELATING THERETO.

5. (1) The Minister shall classify telephone exchanges into groups (in these Regulations referred to as "telephone groups") and shall determine in relation to each telephone group:

( a ) what other telephone groups, if any, are to be regarded as adjacent to it and

( b ) the point (in these Regulations referred to as the "group centre") which is to be used for measuring distances for the purpose of charging for calls.

(2) The Minister shall supply to every subscriber on demand a list of the telephone exchanges which are for the time being either in the same telephone group as the exchange with which the subscriber is connected or in the telephone groups which are regarded by the Minister as being adjacent to that group.

6. (1) The distance between the group centres as regards two exchanges which are connected for a trunk call shall, for the purpose of computing the charge for such a call, be measured in a straight line on a horizontal plane.

(2) Every doubt, question, or dispute which arises under this Regulation as respects distances shall be decided by the Minister.

7. Every doubt, question, or dispute which arises in respect of the time of commencement, the duration, or the time of termination of a call shall be decided by the Minister.

8. 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, and if a call continues for a period exceeding three minutes, the Minister may, if he considers it desirable in relation to the proper provision of the telephone service to do so, interrupt, disconnect or interrupt and disconnect the call.

9. (1) In respect of every call made by a subscriber to a telephone in the same telephone group or to a telephone in another telephone group which is regarded by the Minister as being adjacent to the telephone group of the subscriber making the call there shall be charged to the subscriber and paid by him whichever of the charges specified in paragraph 1 of the First Schedule to these Regulations is appropriate to the call.

(2) ( a ) In respect of every call made from a coin-box exchange line to a telephone in the same telephone group or to a telephone in another telephone group which is regarded by the Minister as being adjacent to the telephone group of the coin-box exchange line from which the call is being made there shall be placed in the coin-box the charge specified in paragraph 2 (a) of the First Schedule to these Regulations.

( b ) In respect of every call made by a caller from a call office to a telephone in the same telephone group or to a telephone in another telephone group which is regarded by the Minister as being adjacent to the telephone group of the call office from which the call is being made there shall be charged to the caller and paid by him the charges specified in paragraph 2 (b) of the First Schedule to these Regulations.

10. (1) In respect of every subscriber dialled trunk call made by a subscriber there shall be charged to the subscriber and paid by him a sum calculated in accordance with the Second Schedule to these Regulations.

(2) In respect of every subscriber dialled trunk call made by a caller from a call office and in respect of every subscriber dialled trunk call made from a coin-box exchange line there shall be paid or placed in the coin-box a sum calculated in accordance with the Second Schedule to these Regulations.

11. (1) In respect of every trunk call (excluding subscriber dialled trunk calls) made by a subscriber who rents an exchange line without a coin-box there shall be charged to the subscriber and paid by him the charge stated in the Third Schedule to these Regulations.

(2) In respect of every trunk call (excluding subscriber dialled trunk calls) which is made from a coin-box exchange line there shall be charged to the subscriber and paid by him the charge stated in the Fourth Schedule to these Regulations.

(3) In respect of every trunk call (excluding subscriber dialled trunk calls) which is made by a caller from a call office or from a coin-box exchange line—

( a ) in case the call is made from a call office, there shall be charged and paid, or

( b ) in case the call is made from a coin-box exchange line, there shall be placed in the coin-box,

the charge stated in the Fourth Schedule to these Regulations.

12. (1) There shall be charged and paid for a personal call the charge specified in paragraph 1 of Part I of the Fifth Schedule to these Regulations.

(2) Where a personal call is cancelled by the caller or subscriber before it is connected and where a personal call is cancelled because the designated person is not available, or neither the designated person nor a substitute for him, is available, the charge referred to in paragraph 2 of Part II of the Fifth Schedule to these Regulations shall be charged and paid notwithstanding such cancellation.

13. (1) There shall be charged and paid for a fixed-time call irrespective of its duration the charge specified in paragraph 5 of Part I of the Fifth Schedule to these Regulations.

(2) There shall be charged and paid for each daily fixed-time call during a minimum period of one week (whether such a 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, the charge specified in paragraph 6 of Part I of the Fifth Schedule to these Regulations.

(3) Where a single fixed-time call or a daily fixed-time call is cancelled by the caller or subscriber before it is connected, there shall be charged as a cancellation fee the sum specified in paragraph 3 of Part II of the Fifth Schedule to these Regulations.

(4) Where the sum chargeable and payable under paragraph (1), (2) or (3) of this Regulation includes a fraction of one penny, the said sum shall be rounded down to the nearest penny and the resulting sum shall be chargeable and payable in respect of the call.

14. Notwithstanding Regulation 13 of these Regulations, the Minister may provide under contract a call at a fixed time at a rate of charge differing from the charge fixed by or under these Regulations, or a series of such calls.

15. Subject to the provision of these Regulations, urgent calls may be charged for at the charge specified in paragraph 1 of Part II of the Fifth Schedule to these Regulations.

16. There shall be charged and paid for an alarm clock call the charge specified in paragraph 2 of Part I of the Fifth Schedule to these Regulations.

17. The Minister may provide facilities for a subscriber or caller to ascertain the time. A call made by a subscriber or caller for this purpose shall be regarded as a local call and shall be charged for in accordance with Regulation 9 of these Regulations.

18. The Minister may provide facilities for a subscriber or caller to obtain weather forecasts. A call made by a subscriber or caller for this purpose shall be regarded as a local call and shall be charged for in accordance with Regulation 9 of these Regulations.

19. The Minister may supply particulars of the duration of or charge for a completed trunk call (excluding a subscriber dialled trunk call), or of both such duration and charge, on the request of a subscriber and there shall be charged to the subscriber and paid by him in respect of each call of which such particulars are supplied the charge specified in paragraph 3 of Part I of the Fifth Schedule to these Regulations which is appropriate to the call.

20. (1) A reverse charge call shall not be made to a coin-box exchange line.

(2) In case a reverse charge call is made to a telephone in the State from a telephone in the State, Northern Ireland, Great Britain, the Isle of Man, or the Channel Islands, there shall be charged to and payable by the subscriber who is the subscriber in respect of the called telephone the charge specified in paragraph 4 of Part I of the Fifth Schedule to these Regulations which is appropriate to the call (save any personal charge in case the call is made from a coin-box exchange line).

(3) If, notwithstanding paragraph (1) of this Regulation, a reverse charge call is made to a coin-box exchange line, the Minister may, at his discretion and notwithstanding anything contained in paragraph (2) of this Regulation, direct that such sums as are chargeable and payable in respect of the call shall be chargeable and payable by the subscriber who is the subscriber in respect of the calling telephone, and in case the Minister so directs, the aforesaid sums shall be so chargeable and payable.

(4) A person making a call from a coin-box exchange line or from a call office, or the person answering on the called telephone, may, before the termination of the call, request the telephone exchange operator that the duration of the call be extended for a further period beyond the period in respect of which payment was made in cash and that the charge or charges payable in respect of the further period shall be charged to and payable by the person who is the subscriber in respect of the called telephone and when such a request is made, and provided the person answering on the called telephone consents to the request when it is made by the person making the call, the call may be so extended as if it were a newly-established reverse charge call and paragraph (2) of this Regulation shall apply thereto from the time of its extension.

(5) In case a reverse charge call is made from a telephone in the State, subject to paragraph (3) of this Regulation, no charge or charges in respect of the call (save any personal charge in case the call is made from a coin-box exchange line) shall be payable by the subscriber in respect of that telephone save as is provided for in paragraph (2) of this Regulation.

PART III. SUBSCRIBERS' EXCHANGE LINES AND PRIVATE TELEPHONE CIRCUITS.

21. (1) The Minister shall erect the exchange line or private telephone circuit and, subject to these Regulations, maintain the same in good working order.

(2) The subscriber shall pay, on demand, to the Minister, for the installation, connection for use or provision of equipment specified in the Sixth Schedule to these Regulations, the charge specified in the said Schedule opposite the mention of the equipment.

(3) The method of erection of the said exchange line or private telephone circuit shall be in the absolute discretion of the Minister and the subscriber shall afford all necessary and reasonable facilities for the completion of the work.

(4) If, after acceptance of an agreement by the Minister, expense is incurred by the Minister in providing an exchange line or private telephone circuit and an applicant should notify his desire to withdraw from the agreement before service on the said exchange line or circuit has been given or shall refuse or neglect to afford the facilities necessary and reasonable for the completion of the work, the subscriber shall pay to the Minister on demand:—

( a ) a sum equivalent to the rental for the full term provided under the agreement, or, at the option of the Minister—

( b ) the amount of the costs and expenditure incurred by the Minister in and about all works undertaken for the provision of the said exchange line or circuit up to the date of the said notice of withdrawal or refusal or neglect to afford facilities as aforesaid, together with the costs and expenses of the recovery and removal of any works so erected.

22. The exchange line shall normally be available for use during the hours in which the exchange to which it is connected is open for service. Where the exchange line is connnected to an exchange at which continuous service is not given, arrangements may be made, on payment of a fee to be determined by the Minister, to have the exchange line connected for certain periods to an exchange at which continuous service is given.

23. The subscriber shall pay, on demand, to the Minister the certified cost of repairing, renewing or replacing in stock any part of the exchange line or private telephone circuit on the subscriber's premises which may be stolen or lost or which may be destroyed or damaged by fire or other cause.

24. The Minister may at any time disconnect an exchange line from the exchange to which it is connected and re-connect it to any other exchange, and may at any time alter the telephone number allotted to the subscriber or the name of the exchange with which his exchange line is connected.

25. (1) ( a ) The Minister may, if he thinks fit and at the request and expense of a subscriber, make any alteration in the exchange line or private telephone circuit, its fixtures and accessories (including the line or wires so far as they are within the boundaries of the premises in which the exchange line is fitted) or remove the exchange line or private telephone circuit to other premises, and the certified charge in respect of the cost of such alteration or removal shall be paid by the subscriber on demand.

( b ) The Minister may also at any time without request by and free of expense to the subscriber, make any alteration in the exchange line or private telephone circuit, if the Minister considers such alteration to be desirable in relation to the provisions of the telephone service.

( c ) The terms of the relevant agreement and the provisions of these Regulations shall apply to the exchange line or private telephone circuit thus altered or removed, and such terms and provisions shall not be prejudiced by any total or partial interruption of communication caused by such alteration or removal.

(2) If a subscriber vacates the premises in which the exchange line or private telephone circuit is fitted, the Minister shall be at liberty to recover the exchange line or private telephone circuit without in any way affecting the subscriber's liability under the terms of the relevant agreement or the provisions of these Regulations.

26. (1) The subscriber shall be responsible for the safety of the exchange line or private telephone circuit, fixtures and accessories on the subscriber's premises, and shall not damage, alter, or remove the same, or without the consent in writing of the Minister, make any attachment to the same, or place any other telegraphic line or apparatus in electrical connection therewith or obliterate any marks, words, or numbers thereon, or permit any such damage, alteration, removal, attachment, connection or obliteration.

(2) The subscriber shall (without prejudice to the terms of the relevant agreement or to the provisions of these Regulations) make good on demand the certified expense and damage to which the Minister may be put by reason of any breach of the foregoing paragraph.

27. (1) The subscriber shall grant to the Minister every reasonable facility in his power for the construction, examination, and maintenance of the exchange line or private telephone circuit and shall permit the Minister and his servants at all reasonable times, to have free access to the subscriber's premises for the purpose aforesaid.

(2) If the Minister, after written notice in that behalf by any duly authorised officer of the Department of Posts and Telegraphs has been given to the subscriber, shall be unable to obtain any facility referred to in paragraph (1) of this Regulation, the Minister may, without prejudice to the terms of the relevant agreement, or to the other provisions of these Regulations, either determine the agreement at any time thereafter by notice in writing to that effect or disconnect the exchange line from the exchange or interrupt any private telephone circuit until such facility is afforded.

28. If, of the calls made to the exchange line between 9 a.m. to 6 p.m. during six consecutive week-days, the number not completed on demand by reason of the exchange line being engaged exceeds 25 per cent. of the number so completed, the Minister may give to the subscriber notice in writing, accompanied by a certified record of the calls, requiring him to hire such number of additional exchange lines as in the opinion of the Minister are necessary to meet the requirements of the telephone traffic to and from the subscriber's line, and if the subscriber fails to comply with such notice within one month of its receipt, the Minister may determine the relevant agreeement at any time thereafter by notice in writing to that effect.

29. If the subscriber makes a practice of allowing the exchange line to be used by members of the public for the transmission of messages which are not on his business or private affairs, or exhibits an invitation to members of the public so to do, he shall collect on each such message a sum not less than the appropriate sum chargeable to a caller for a similar call made from a call office.

30. The Minister may, in circumstances in which he considers it advisable so to do and under conditions determined by him, enter into agreements with two or more persons to provide telephone service at their respective premises by means of common exchange line for all or part of the route from the said premises to the exchange with which the subscribers are connected, and the provisions of these Regulations shall apply to each of the said subscribers in the same manner and to the same extent as if telephone service had been provided at their respective premises by means of independent exchange lines.

31. Nothing in these Regulations or in an agreement shall preclude the Minister from using any telegraphic line of which a subscriber may have use, by virtue of the agreement, for any purpose (including the provision of telephone service to other persons) involving the carrying of electric currents over such telegraphic line at frequencies different from those at which currents are carried over such line in connection with telephone service.

PART IV. AGREEMENT WITH SUBSCRIBERS.

32. Every applicant for telephone service shall, before he is provided with an exchange line or private telephone circuit, be required to enter into an agreement for the use of an exchange line.

33. A subscriber renting a coin-box shall undertake to provide a lock and key for the coin-box and to collect the moneys placed in the box.

34. The Minister may, either before or after the acceptance of an agreement or before or after the connection of a subscriber's exchange line or before or after the completion of a private telephone circuit, demand security in such form and of such amount as the Minister may consider necessary to secure the payment of any subscription, fee or charge due in respect of telephone services, and, in default of such security, the Minister may, if the agreement has not commenced, refuse to implement the agreement, or, if the agreement has commenced, determine the agreement without prejudice to its terms and to the provisions of these Regulations, and where the exchange line has been provided, disconnect the exchange line, and where a private telephone circuit has been provided, interrupt service on that circuit.

35. The subscriber shall not, except with the written consent of the Minister, assign in whole or in part the relevant agreement or of any benefit or advantage thereunder, nor shall he, without such permission, make any arrangement concerning anything to which the agreement relates.

36. If—

( a ) the Minister is at any time unable or unwilling to obtain or maintain any licence or other permission or any wayleave or easement necessary for the construction or maintenance of the exchange line or private telephone circuit, or

( b ) the subscriber fails to give forthwith any undertaking required by the Minister to pay the certified cost of alterations to the exchange line or private telephone circuit considered by the Minister to be necessary to prevent injury to it by electric lighting or power plant used or to be used by, erected by or on behalf of the subscriber, the Minister may by notice in writing determine the agreement as from the date of the notice, and the subscriber shall be entitled to no payment or compensation by the Minister except a return of so much of the quarterly or annual subscription as has been paid for a period in advance of the date of determination, and the balance of any sum deposited by way of security in accordance with Regulation 34 of these Regulations standing in the Minister's books to the credit of the subscriber, less the value of any fees, charges or other sums due to the Minister under the relevant agreement or these Regulations.

37. On the determination of an agreement the subscriber shall surrender to the Minister the exchange line or private telephone circuit with all fixtures and accessories, in as good condition as when received, ordinary wear only excepted, and the Minister shall remove the exchange line or private telephone circuit and for that purpose his officers, servants and agents shall have access at all reasonable times to the subscriber's premises and to all other premises under the subscriber's control, and the subscriber shall, subject to Regulation 36 of these Regulations, be entitled to a return of the balance of any sum deposited by way of security in accordance with Regulation 34 of these Regulations, but shall have no claim against the Minister for compensation or damages.

38. Where a subscriber terminates his agreement, and does not take telephone service under a new agreement, he may, with the consent of the Minister, transfer the exchange line formerly rented by him to another occupier of the premises to which the exchange line is connected, and if the unexpired term of his former agreement exceeds one month, he may be allowed rebate of rental due under the terms of his agreement in respect of the unexpired term in excess of one month, but no rebate shall be allowed in respect of any period prior to the date on which the new subscriber accepts liability for the line transferred.

39. Nothing in the agreement or in these Regulations shall be regarded as entitling a subscriber to carry on the business of collecting, receiving, or delivering messages or other communications transmitted by the exchange line or any business of a like kind.

PART V. SUBSCRIBER'S ACCOUNTS.

40. Any notice or certified account which may be given or rendered by the Minister under the agreement or these Regulation shall be deemed to have been duly given or rendered to him if it is left at the subscriber's premises, or if sent by ordinary post to his usual place of residence or last known address.

41. All fees and charges payable on demand to the Minister by the subscriber, pursuant to the agreement or these Regulations, and all expenses and damages payable by the subscriber under the other provisions of these Regulations, shall be paid as soon as an account thereof is rendered to the subscriber. An account prepared by the Minister of the fees, charges, expenses and damages payable by the subscriber shall, when certified, be prima facie evidence of the amount so payable.

42. The Minister may, as respects any subscription, require payment in advance in respect of a minimum period specified in the agreement. In case the Minister has required a payment of subscription to be made in advance, when the period covered by the subscription has expired, and in all other cases, the appropriate subscription shall be payable quarterly and shall be due in advance on the 1st day of January, 1st day of April, 1st day of July and 1st day of October in any year. Where payment of subscription in respect of a minimum period is not required in advance, the first quarterly payment shall become due on whichever of the said quarterly days falls next after the certified date of the completion of the exchange line. The subscriber shall pay on the certified day of completion of the exchange line proportionate subscription bearing the same proportion to the appropriate quarterly subscription as the period commencing on that day and ending on the day immediately preceding the day on which the first quarterly subscription becomes due bears to the quarterly period ending on the said preceding day and in addition, if security in the form of a sum of money has been demanded pursuant to the provisions of Regulation 34 of these Regulations, such security of such amount as may have been determined by the Minister.

43. Where a transfer in accordance with Regulation 38 of these regulations occurs, the subscription shall be due as from the date on which liability for the exchange line is accepted by the transferee, and subject to that modification shall be payable in accordance with these Regulations.

44. The subscription for a private telephone circuit shall be payable annually and it shall be paid in advance and shall be due on the 1st day of October in each year where the circuit was provided during the period beginning on the 1st day of April in any year and ending on the next following 30th day of September and on the 1st day of April in each year where the circuit was provided during the period beginning on the 1st day of October in any year and ending on the next following 31st day of March.

45. The Minister may from time to time increase or reduce the subscription or charges. In the event of an increase he shall give notice to the subscriber, and no increase shall take effect before the last day of the month following the month in which notice of the increase is given. When any increase or reduction takes effect the agreement shall be construed as if the increased or reduced subscription or charges were provided for in the agreement.

46. If—

( a ) the subscription or any of the additional fees, charges, expenses or damages payable by the subscriber to the Minister under the agreement or these Regulations is in arrear for twenty-one days after the day on which they are due to be paid, or

( b ) the subscriber is adjudged bankrupt or becomes insolvent or makes any composition or arrangement with, or assignment for the benefit of, his creditors, or suffers a distress or execution to be levied on any of his premises, or, in the case of a company, is wound up or has a receiver of assets appointed, or

( c ) the subscriber fails to observe and perform any of the terms of the agreement or fails to comply with any provisions of these Regulations affecting him,

the Minister may (without prejudice to any other right or remedy of the Minister under these Regulations and notwithstanding the waiver of any previous breach) determine the agreement at any time thereafter, by notice in writing to that effect. The Minister shall also be entitled to recover from the subscriber forthwith the balance of subscription due in accordance with the terms of the agreement.

47. If after the relevant account has been rendered any subscription or any fee, charge, expense or damages payable by the subscriber under the agreement or these Regulations is in arrear for fourteen days, excluding Sundays and Public holidays, or if the subscriber has failed to offer such security as may be required by the Minister pursuant to Regulation 34 of these Regulations, the Minister may, without notice, and without prejudice to the terms of the agreement or to the provisions of these Regulations, wholly or in part suspend telephone service on the exchange line or disconnect the exchange line from the exchange, and, in the case of any such suspension or disconnection may make in respect of any restoration of telephone service after suspension or disconnection under the terms of this Regulation the charge specified opposite the words "Reconnection fee" at item No. 1 of the Sixth Schedule to these Regulations.

48. In an account rendered to a subscriber of charges in respect of local calls, or subscriber dialled trunk calls or of any combination of such classes of calls it shall not be necessary to furnish particulars—

( a ) of the number of such calls,

( b ) of the individual charges in respect of such calls,

or

( c ) where the account is of charges in respect of any combination of the aforesaid classes of calls, of the total charges in respect of each such class.

PART VI GENERAL

49. (1) A subscriber may be given one free entry in any Telephone Directory, published by or on behalf of the Minister, and the entry may be made in such terms, manner and order as the Minister thinks fit.

(2) 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.

(3) No subscriber shall be entitled to any abatement of subscription in respect of any omission or error mentioned in the foregoing paragraph of this Regulation.

50. (1) Neither the Minister nor any of his officers shall be liable for:

( a ) any loss, damage or injury which may be incurred or sustained in connection with telephonic service.

( b ) in particular (and without prejudice to the generality of the foregoing), 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 or servant of the Minister.

(2) A subscriber shall not be entitled to any abatement of subscription in respect of any such loss, damage, or injury mentioned in paragraph (1) of this Regulation or of any interruption or failure so mentioned.

51. (1) No telephone shall be used—

( a ) for the transmission of any message or communication which is grossly offensive or is 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 who contravenes 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 considers sufficient to convince him 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 by reason 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.

52. The Minister may contract with any subscriber for the use of a private telephone circuit, whether continuously or for a fixed period daily (excluding Saturdays, Sundays or Saturdays and Sundays, at the subscriber's option), on the basis of an annual rental payable in advance; and these Regulations, shall, where appropriate, apply to the circuit so rented.

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

54. (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 paragraph (2) of this Regulation and to any other Regulations in that regard made under statute and which are for the time being in force and to any 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 may be appropriate, 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.

55. Nothing in these Regulations shall alter or affect the terms of an agreement made before the commencement of these Regulations with reference to any matters arising under such agreement before that date.

56. 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 or under an agreement.

57. An officer, servant or agent of the Minister shall, before exercising any power conferred by these Regulations, be furnished by the Minister with a document of identity and when exercising any such power shall, if requested by any person thereby affected, produce the document to such person.

58. The:

Telephone Regulations, 1959 ( S.I. No. 118 of 1959 )

Telephone (Amendment) Regulations, 1964 ( S.I. No. 153 of 1964 )

Telephone (Amendment) Regulations, 1965 ( S.I. No. 33 of 1965 )

Telephone (Amendment) Regulations, 1968 ( S.I. No. 274 of 1968 )

Telephone (Amendment) Regulations, 1969 ( S.I. No. 185 of 1969 )

Telephone (Amendment) Regulations, 1970 ( S.I. No. 213 of 1970 )

Telephone (Amendment) Regulations, 1971 ( S.I. No. 63 of 1971 )

Telephone (Amendment) (No. 2) Regulations, 1971 ( S.I. No. 268 of 1971 )

Telephone (Amendment) Regulations, 1973 ( S.I. No. 193 of 1973 )

Telephone (Amendment) Regulations, 1974 ( S.I. No. 363 of 1974 )

Telephone (Amendment) Regulations, 1975 ( S.I. No. 313 of 1975 )

Telephone (Amendment) Regulations, 1977 ( S.I. No. 74 of 1977 )

Telephone (Amendment) Regulations, 1979 ( S.I. No. 315 of 1979 )

are hereby revoked.

Regulation 9

FIRST SCHEDULE

Charges for Local Calls.

SECOND SCHEDULE

Regulation 10

Charges for Subscriber Dialled Trunk Calls.

In respect of each period or part of a period of time specified in the Table to this Schedule which is appropriate to the call and during which the call continues—

( a ) the sum of 5.85p shall be charged to a subscriber without a coin-box,

( b ) the sum of 6p shall be paid or placed in the coin-box by a caller from a call office or coin-box exchange line for the first period of time, 5p for the second period of time and 5p for the third period of time, and if the length of the call exceeds those periods combined, the aforementioned cycle of payment shall apply to such further time as the call continues.

THIRD SCHEDULE

Regulation 11

Charges for Trunk Calls (other than Subscriber Dialled Trunk Calls) made from Exchange Lines without coin-boxes

FOURTH SCHEDULE

Regulation 11

Charges for Trunk Calls ( other than Subscriber Dialled Trunk Calls) made from a Call Office or from a Coin-box Exchange Line.

In respect of every call

( a ) made by a subscriber who rents an exchange line with a coin-box there shall be charged to the subscriber and paid by him, the charges stated in the table below, less 1p.

( b ) made by a caller from a call office or from a coin-box exchange line, there shall be charged and paid or placed in the coin-box the charges stated in the table below.

FIFTH SCHEDULE

Regulations 12, 13, 15 and 16

PART I

Charges for Special Operator Services.

( a ) Charges which are payable in addition to the appropriate charges set out in the foregoing Schedules to these Regulations.

PART II

Charges which are payable in lieu of all other charges set out in the foregoing Schedules to these Regulations.

SIXTH SCHEDULE

Regulations 21 and 47

Connection Charges for Items of Telephone Equipment, Subsidiary Apparatus, Private Wires, Tie Lines

GIVEN under my Official Seal, this 26th day of June, 1980.

ALBERT REYNOLDS

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 26th day of June, 1980.

MICHAEL O'KENNEDY

EXPLANATORY NOTE.

The purpose of these Regulations is

( a ) to consolidate the Telephone Regulations, 1959, and all subsequent amendments thereto

( b ) to provide for the following increases in charges:

Local Calls

Trunk Calls