S.I. No. 379/1997 - Telecommunications (Amendment) (No. 7) Scheme, 1997 Dublin

S.I. No. 379 of 1997.

TELECOMMUNICATIONS (AMENDMENT) (NO. 7) SCHEME, 1997 DUBLIN

Bord Telecom Éireann 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. 7) Scheme, 1997.

2. (1) The collective citation "the Telecommunications Schemes. 1994 to 1997" includes this Scheme.

(2) Article 4 (a) and Article 4 (b) shall be deemed to come into operation on 1 July 1997.

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 addition of the following Article 19(F) after Article 19(E) thereof:

"19(F) (1) Bord Telecom Éireann plc may provide a facility (in this Scheme referred to as "Circle of Friends 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 through a telephone exchange, other than a metered telephone exchange, may receive a discount on Eligible Calls (as hereinafter defined) on a single telephone account. The discount shall be calculated as set out in Part 10 of Section VII of Part 6 of the First Schedule to this Scheme. Bord Telecom Éireann pie may, at its absolute discretion, withdraw the Circle of Friends 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 National Virtual Private Network facility, calls made by use of the international 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 residential telephone exchange line to five Nominated Numbers (as hereinafter defined).

(3) For the purposes of this Scheme "Nominated Numbers" are telephone numbers nominated to Bord Telecom Éireann pie by a subscriber wishing to avail of the Circle of Friends 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 Circle of Friends Facility.

(5) It shall be a condition of the application of the "Circle of Friends Facility" that:

(i) the Applicant accepts that he or she may only advise Bord Telecom Éireann pie 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 Circle of Friends 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;

(iii) Eligible Calls shall not be eligible for any further or other discounts (including any discounts under Articles 18, 19(A), 19(B), 19(C), 19(D)and 19 (E) of this Scheme);

( b ) the addition of the following Part 10 to Section VII of Part 6 of the First Schedule thereto:

Section VII

VOLUME DISCOUNTS

Part 10. Circle of Friends

A discount of 10% on the combined total of Eligible Calls made in every two month period."

PRESENT when the Common Seal

of BORD TELECOM ÉIREANN plc

was affixed thereto this 9 day

of September 1997.

A Kane

Director.

Ronald Bolger

Director.

Martin Geoffrey

Text 7

Telecom Eireann

St. Stephen's Green

Dublin 2

EXPLANATORY NOTE

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