S.I. No. 182/1995 - Telecommunications (Amendment) (No. 4) Scheme, 1995.

S.I. No. 182 of 1995.

TELECOMMUNICATIONS (AMENDMENT) (NO. 4) SCHEME, 1995.

Bord Telecom Éireann, 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, 1995.

2. (1) The collective citation "the Telecommunications Schemes, 1994 and 1995" includes this Scheme.

(2) Articles 4 (g), 4 (k), 4 (l), 4 (q) and 4 (s) shall come into operation on 12 July 1995.

(3) Articles 4 (a), 4 (b), 4 (c), 4 (d), 4 (e), 4 (f), 4 (h), 4 (i), 4 (j), 4 (p), 4 (r), 4 (t) and 4 (u) shall be deemed to have come into effect on 1 June 1995.

(4) Articles 4 (m), 4 (n) and 4 (o) shall be deemed to have come into effect on 25 June 1995.

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 insertion of the following, after the definition of "fixtures and accessories" in Article 5 (1) thereof:

" "Frame Relay Service" means a point to point non-switched data service operated over permanent virtual circuits on Board Telecom Éireann's Frame Relay Network and includes, where the context so admits or requires, facilities and fixtures and accessories comprised in it;

"Frame Relay subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the purpose of providing such person with Frame Relay Service and also means a person to whom such service has been or is being provided;";

( b ) the insertion of the following, after the definition of "local call" in Article 5 (1) thereof:

"Master Plan Maintenance Service" means the maintenance service described in Article 119 of this Scheme;

"Master Plan Maintenance subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the provision to such person of the Master Plan Maintenance Service; ";

( c ) the insertion of the following after the definition of "public telephone" in Article 5 (1) thereof:

" "Rapid Plan Maintenance Service" means the maintenance service described in Article 116 of this Scheme;

"Rapid Plan Maintenance subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the provision to such person of Rapid Plan Maintenance Service; ";

( d ) the insertion of the following, after the definition of "videoconference subscriber" in Article 5(1) thereof:

" "Working Hour" means a continuous period of 60 minutes between 9.00 a.m. and 5.00 p.m. on days other than Sundays and Public Holidays.

( e ) the substitution of the following Article 20A for Article 20A thereof:

"20A (1) Bord Telecom Éireann may, where the amount otherwise due (exclusive of Value Added Tax) on a quarterly account in respect of Eligible Eirpac calls exceeds the appropriate amount specified in the Fourth Schedule to this Scheme, apply thereto a discount (hereinafter "Eirpac Volume Discount") in respect of such amounts. The Eirpac Volume Discount shall be calculated as set out in the Fourth Schedule to this Scheme. Bord Telecom Éireann may at its absolute discretion withdraw the Eirpac Volume Discount from all or any subscribers.

(2) For the purpose of this Scheme, Eligible Eirpac calls shall mean Eirpac calls other than On-Net Eirpac calls.

(3) It shall be a condition of the application of the Eirpac Volume Discount that:

(i) Eligible Eirpac calls shall be made by the subscriber or by employees of the subscriber; and

(ii) accounts to which the Eirpac Volume Discount applies shall be discharged in full within 14 days or by means of direct debit mandate approved by Bord Telecom Éireann.

( f ) the addition of the following paragraph (14) to Article 63 thereof:

"(14) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Sure Tel facility") whereby incoming telephone calls intended by callers to terminate on particular telephone exchange lines of the subscriber are switched to different telephone exchange lines of the subscriber at a different premises of the subscriber. There shall be charged to the telephone subscriber and paid by him in respect of the Sure Tel Facility the charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

( g ) the addition of the following paragraph (15) to Article 63 thereof:

"(15) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Interflow facility") to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may cause incoming Freefone 1800 or 1850 calls, intended by callers to terminate on particular telephone exchanges lines of the subscriber in the State, to be switched to telephone exchange lines of the subscriber outside the State in such states or territories as Bord Telecom Éireann may prescribe from time to time. There shall be charged to the telephone subscriber and paid by him in respect of the Interflow facility the charges specified at Section IX of Part 6 of the First Schedule to this Scheme.

( h ) the insertion of the following Article after Article 106 thereof:

"106A Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Data Virtual Private Network" facility) to Eirpac subscribers generally or to such groups of Eirpac subscribers as it shall determine, whereby an Eirpac subscriber may make Eirpac calls to pre-determined Eirpac numbers within the State ("On-Net Eirpac calls"). There shall charged to the Eirpac subscriber and paid by him in respect of the Data Virtual Private Network facility the charges specified in the Fourth Schedule thereto.

( i ) the addition of the following Part VIII thereto:

"PART VIII

MAINTENANCE SERVICES

112. The Articles in this Part of this Scheme apply to maintenance services only but are in addition to the Articles contained in Part II of this Scheme.

113. Maintenance services performed by Bord Telecom Éireann under this Scheme shall, at the sole discretion of Bord Telecom Éireann, be carried out at the subscriber's premises or at a premises of Bord Telecom Éireann or elsewhere.

114. In undertaking maintenance services under this Scheme, Bord Telecom Éireann does not assure uninterrupted operation of telecommunications lines, fixtures and accessories or subscriber equipment.

115. The maintenance services provided under this Scheme do not include service (or increased service time) necessitated by or attributable to

( a ) work external to telecommunications lines or fixtures and accessories;

( b ) rectifying any failure or malfunction of the telecommunications lines or fixtures and accessories caused directly or indirectly by:

(i) accident, neglect, misuse or alterations to the telecommunications lines or fixtures and accessories; or

(ii) any subscriber equipment or the operation thereof otherwise than in accordance with instructions; or

(iii) adverse environmental conditions including lightning, fire, floods, storms or other catastrophes; or

(iv) electrical current fluctuations; or

(v) deliberate damage or damage resulting from reckless, negligent or careless conduct (including omission) or resulting other than by fair wear and tear or resulting from war, civil strife, commotion;

( c ) use of telecommunications lines or fixtures and accessories or any subscriber equipment other than for the use for which they were intended or otherwise than in accordance with instructions given from time to time by Bord Telecom Éireann;

( d ) the undertaking of work on telecommunications lines or fixtures and accessories (including moving, relocation, conversion or adaptation) by persons other than employees or agents of Bord Telecom Éireann, unless approved by Bord Telecom Éireann;

( e ) work on subscriber equipment;

( f ) riot or civil commotion, natural disaster (including flooding, fire, wind, lightning) or act of a third party whether acting (including by omission) maliciously, negligently, carelessly or imprudently.

116. (1) Bord Telecom Éireann shall, between the hours of 9.00 a.m. and 5.00 p.m. on days other than Sundays and Public Holidays, within four working hours of the notification to a designated repair centre of Bord Telecom Éireann by Rapid Plan Maintenance subscriber of a fault in a telephone exchange line or telephone set rented from Bord Telecom Éireann and to which the Rapid Plan Maintenance Service extends, respond to such request either by causing an employee or agent of Bord Telecom Éireann to visit the appropriate premises of the Rapid Plan Maintenance subscriber, or at the discretion of Bord Telecom Éireann, by causing the telephone exchange line or telephone set to be tested at a location other than such premises.

(2) Bord Telecom Éireann shall thereafter use reasonable endeavours to locate and repair such fault as soon as possible.

117. A Rapid Plan Maintenance subscriber shall pay on demand to Bord Telecom Éireann, in respect of Rapid Plan Maintenance Service, the charges specified in Part 9 of the First Schedule to this Scheme.

118. (1) Where loss is caused to a Rapid Plan Maintenance subscriber solely by failure on the part of Bord Telecom Éireann to discharge its obligations pursuant to Article 116 (1) of this Scheme, Bord Telecom Éireann shall provide an appropriate credit on the account of such subscriber, provided however that in no circumstances shall the credit afforded in respect of any such failure exceed the amount specified in Part 9 of the First Schedule to this Scheme.

(2) The provision of such credit shall discharge the entire liability of Bord Telecom Éireann in respect of such loss and failure.

119. (1) Bord Telecom Éireann shall, within four hours of notification to a designated repair centre of Bord Telecom Éireann by a Master Plan Maintenance subscriber of a fault in a telephone exchange line or telephone set rented from Bord Telecom Éireann and to which the Master Plan Maintenance Service extends, respond to such a request either by causing an employee or agent of Bord Telecom Éireann to visit the appropriate premises of the Master Plan Maintenance subscriber or, at the discretion of Bord Telecom Éireann, by causing the telephone exchange line or telephone set to be tested at a location other than such premises.

(2) Bord Telecom Éireann shall thereafter use reasonable endeavours to locate and to repair such fault as soon as possible.

120. A Master Plan Maintenance subscriber shall pay on demand to Bord Telecom Éireann in respect of Master Plan Maintenance Service the charges specified in Part 9 of the First Schedule to this Scheme.

121. (1) Where loss is caused to a Master Plan Maintenance subscriber solely by failure on the part of Bord Telecom Éireann to discharge its obligations pursuant to Article 119 (1) of this Scheme, Bord Telecom Éireann shall provide an appropriate credit on the account of such subscriber, provided however that in no circumstances shall the credit afforded in respect of any such failure exceed the amount specified in Part 9 of the First Schedule to this Scheme.

(2) The provision of such credit shall discharge the entire liability of Bord Telecom Éireann in respect of such loss and failure.

( j ) the addition of the following Part IX thereto:

PART IX

FRAME RELAY SERVICE

122. The Articles in this Part of the Scheme apply to Frame Relay Service only but are in addition to the Articles contained in Part II and Part IV of this Scheme.

123. The charges for Frame Relay Service are in addition to any charges in respect of telephone or other services or any telecommunications lines (including leased lines) or fixtures and accessories rented by the subscriber from Bord Telecom Éireann for use directly or indirectly in connection with Frame Relay Service.

124. A Frame Relay subscriber shall nominate sites within the State between which a permanent virtual circuit is to be established and the Frame Relay Service is to operate.

125. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of each nominated site directly connected to the Frame Relay Service the appropriate leased line connection charges as set out in the Second Schedule hereto.

126. For each nominated site connected to the Frame Relay Service the Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand the appropriate leased line distance dependent rental fees from the nominated site to the nearest Frame Relay node as set out in the Second Schedule hereto.

127. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of each permanent virtual circuit established on Bord Telecom Éireann's Frame Relay network the sums set out in the Sixth Schedule hereto.

128. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of re-configuration of each permanent virtual circuit the sums set out in the Sixth Schedule hereto.

129. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of each port rental the sums set out in the Sixth Schedule hereto.

130. A Frame Relay subscriber shall pay to Bord Telecom Éireann in advance and on demand in respect of bandwidth rental the charges set out in the Sixth Schedule hereto.

( k ) the substitution of the following Section 1 (ii) of Part 3 of the First Schedule for Section 1 (ii) of Part 3 of the First Schedule thereto:

Description of Call	Standard Rate	Reduced Rate	Weekend Rate
Exceeds 56 Kms	28.5 seconds	42.8 seconds	600 seconds

( l ) the addition of the following Section 1 (iii) to Part 3 of the First Schedule thereto:

Description of Call	Standard Rate	Reduced Rate	Weekend Rate
Exceeds 56 Kms from metered exchanges.	25 seconds	37.5 seconds	600 seconds

( m ) the substitution of the following section 3 (i) of Part 3 of the First Schedule for section 3 (i) of Part 3 of the First schedule thereto:

"3 (i)	Inmarsat A, B, M	1.50 seconds
	Skyphone Mobile Telephony System	1.00 second

( n ) the substitution of the following section 3 (i) of Part 3A of the First Schedule for section 3 (i) of Part 3A of the First Schedule thereto:

"3 (i)	Inmarsat A, B, M	1.50 seconds
	Skyphone Mobile Telephony System	1.00 second

( o ) the substitution of the following section 3 (i) of Section VI of Part 6 of the First Schedule for section 3 (i) of Section VI of Part 6 of the First schedule thereto:

"3 (i)	Inmarsat A, B, M	1.50 seconds
	Skyphone Mobile Telephony System	1.00 second

( p ) the addition of the following paragraph 15 to Section 1 of Part 6 of the First Schedule thereto:

"15	SureTel	£
	Annual Charge (per subscribers premises)	600.00
	Set-up Charge (per subscribers premises)	150.00

( q ) the addition of the following Section IX to Part 6 of the First Schedule thereto:

"Section IX:

Charges in respect of the Interflow Facility.

Set-Up Tariffs
Monthly Rental	£100.00
Connection Fee (per Freefone Number)	£50.00
Annual Rental (per Freefone Number)	£200.00
Alteration to Existing Freefone Numbers	£50.00
Usage Tariffs
USA (AT&T) to Ireland Traffic Fee per Minute	£0.39

( r ) the addition of the following Part 9 to the First Schedule thereto:

"PART 9

A. Charges

1. Charges in respect of Rapid Plan Maintenance Service
Sign-on Fee	IR£25.00 per order
Charge per telephone exchange line per month:
Number of Lines	Charge
	(PER TELEPHONE EXCHANGE LINE PER MONTH)
1 to l4	IR£1.92
15 to 29	IR£1.55
30 lines or more	IR£1.38
2. Charges in respect of Master Plan Maintenance Service
Sign-on Fee	IR£25.00 per order
3. Rapid Plan and Master Plan charge per telephone line per month:
Number of Lines	Charge
	(PER TELEPHONE EXCHANGE LINE PER MONTH)
1 to 14	IR£4.00
15 to 29	IR£3.23
30 lines or more	IR£2.88

B. CREDITS

CREDIT AFFORDED TO RAPID PLAN MAINTENANCE SUBSCRIBERS AND MASTER PLAN MAINTENANCE SUBSCRIBERS FOR DELAY IN RESPONDING TO A NOTIFICATION

For each delay of 24 hours or part of 24 hours in response beyond the period of four hours referred to at Article 116 and 119 of this Scheme.	First Qualifying Fault after subscribing to the Rapid Plan Maintenance Service or the Master Plan Maintenance Service:
	A credit amount to £10.00 together with an amount equalling twelve months charges per telephone exchange line affected by the delay and to which the Rapid Plan Maintenance Service or the Master Plan Maintenance Service applies:
	Subsequent Qualifying Faults
	(i) For faults which occur within 12 months of a delay giving rise to a previous credit under this Part of this Schedule: £10.00 per telephone exchange line affected by the delay and to which the Rapid Plan Maintenance Service or the Master Plan Maintenance Service applies.
	(ii) For faults which do not occur within 12 months of a delay giving rise to a pervious credit under this Part of this Schedule: the credit is computed as if the fault were a First Qualifying Fault.

( s ) the addition of the following table to the Second Schedule thereto.

TABLE	TECHNICAL CHARACTERISTICS⁽¹⁾
Leased Line Type	Interface Specification	Performance Specification	Typical Delivery Period (Days)^{(10), (12)}	Average Delivery Period (Days)⁽¹²⁾	Typical Repair Time (Hours)^{(11), (12)}	Average Repair Time (Hours)⁽¹²⁾
1. Ordinary Quality Voice^{(2), (3)}Bandwidth	2 or 4 wire Analogue⁽⁴⁾	ITU.T M.1040	65	41	47.48	27.58
2.Special Quality Voice^{(2), (3)} Bandwidth	2 or 4 wire analogue⁽⁴⁾	ITU.T M.1020(5)	85	61	31.2	22.66
3. From 64 kBit/s Digital to^{(2), (3), (6)} 1544 kBit/s Digital	X21 bis	ITU.T G.821	65	45	8.74	9.19
4.2048 kBit/s Digital^{(2),(3), (7)} Unstructured	ITU.T G.703	ITU.T G.821	83	63	5.63	5.86
5.2048 kBit/s Digital^{(2), (3)} Structured	ITU.T G.703 and G.704 (excluding Section 5)⁽⁸⁾	ITU.T G.821⁽⁹⁾	N/A	N/A	N/A	N/A
(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 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 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 (CTR 14).
(7) The attachment requirements for terminal equipment to be connected to these leased 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.
(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 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, Average Delivery Period, Typical Repair Time and Average Repair Time does not constitute a legally binding commitment on the part of Bord Telecom Éireann to deliver or repair leased lines within such periods or times.

( t ) the addition, after the text describing the Pactex Charges of the following text to the Fourth Schedule thereto:

"[Article 106 (A)]

Data Virtual Private Network

1. Connection charges

(i) Character Terminals and Dial up Terminals X.28 (Note A)
Speed (Bits per Sec.)	X.28 Direct	X.28 Dial up
300	Not applicable	£40
1,200	£230	£40
2,400	Not applicable	£40
9,600⁽¹⁾	Not applicable	£40
(ii) Packet Terminals X.25 (Note A)
Speed (Bit per Sec.)
2,400		£250
9,600		£250
9,600 Plus ⁽²⁾		£370
64,000		£750
(1): X.28 and dial-in X.25
(2): 9,600 Bps service with dial back-up
(iii) Dedicated Dial-In Port
Includes telephone exchange line connection at the Eirpac node only		£370
(iv) Data Virtual Private Network Facility Set-Up Charge
Number of Sites
Up to four		£125 per site
For the fifth and each additional site		£100 per site

Note (A): In addition to the standard connection charges, each directly connected site will incur a once-off set-up charge as specified at 1 (iv) above.

2. Rental Charges

(i) Character Terminals and Dial up Terminals X.28 (Note B)

Speed (Bits per Sec.)

Quarterly Rental X.28 Direct

Quarterly Rental X.28 Dial up

300

Not applicable

£7.50

1,200

£275

£7.50

2,400

Not applicable

£7.50

9,600⁽¹⁾

Not applicable

£7.50

(ii) Packet Terminals X.25 (Note B)

Speed (Bit per Sec.)

Quarterly Rental

2,400

£425

9,600

£550

9,600 Plus ⁽²⁾

£600

64,000

£875

(1): X.28 and dial-in X.25

(2): 9,600 Bps service with dial back-up

(iii) Dedicated Dial-In Port

Quarterly Rental

Includes telephone exchange line rental at the Eirpac node only

£220

(iv) Data Virtual Private Network Facility Charge

Number of Sites

Quarterly Rental

Up to four

N/A*

For the fifth and each additional site

£25.00 per site

* Charge included in the minimum charge for On-Net Eirpac calls at 3 below.

Note (B): In addition to the standard rental charges at 2 (i) and 2 (ii), each directly connected site will incur the Data Virtual Private Network facility rental charge as specified at 2 (iv) above.

3. Data Virtual Private Network Call Charges

Pre Agreed threshold for On-Net Eirpac Calls	Per Quarter
Minimum charge (250 Mbytes)	£1,000
Each additional 50 Mbytes	£250

Note: Where an Eirpac subscriber exceeds his agreed threshold the standard Eirpac charges and Eirpac volume discount will apply to the excess Eirpac calls.

"; and

( u ) the addition of the following Sixth Schedule thereto:

"[Articles 125, 126, 127, 128, 129 and 130]

SIXTH SCHEDULE

Frame Relay Service

1. Connection charges

(i) Leased Line Connection Charge

Speed

Charges

64 Kb/s

£1,600

128 Kb/s

£3,000

256 Kb/s

£7,500

384 Kb/s

£7,500

512 Kb/s

£7,500

(ii) Permanent Virtual Circuit (PVC) Set-up Charge:

For each PVC established on the Frame Relay Network during initial network configuration:

£50

Note: Subject to a minimum charge of £100

(iii) Permanent Virtual Circuit (PVC) Re-configuration Charge:

For each alteration of PVC parameter and each new PVC added to the network:

£50

Note: Subject to a minimum charge of £100

2. Quarterly Rental Charges

(i) Port Rental	Port Speed	Rental Charge per Quarter
	64 Kb/s	£185
	128 Kb/s	£300
	256 Kb/s	£530
	384 Kb/s	£715
	512 Kb/s	£715

(ii) Bandwidth Rental	Rental Per Quarter
8	£30	£15
16	£54	£27
32	£100	£50
48	£140	£70
64	£180	£90
96	£240	£120
128	£290	£145
192	£390	£195
256	£470	£235
384	£680	£340
512	£860	£430

Note: Frame Relay PVC bandwidth can be rented on a quarterly basis as a combination of Committed Information Rate (CIR) and/or Excess Information Rate (EIR).

(iii) Leased Line Rental

For each nominated site connected to the Frame Relay Network, the standard distance dependent leased line rental charges will apply.

PRESENT when the Common Seal of BORD TELECOM ÉIREANN was affixed

thereto this 11th day of July, 1994.

RONALD BOLGER,

Director.

GERARD BRENNAN,

Director.

EXPLANATORY NOTE.

The purpose of this Scheme is to provide for: the reduction of certain telecommunications charges; the introduction of a Frame Relay service, a Data Virtual Private Network facility, a Sure Tel facility, an Interflow facility and specified Maintenance Services; and to effect certain other modifications to the Telecommunications Scheme, 1994.