S.I. No. 50/1998 - Telecommunications (Amendment) Scheme, 1998.

S.I. No. 50 of 1998.

TELECOMMUNICATIONS (AMENDMENT) SCHEME, 1998.

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) Scheme, 1998.

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

(2) Articles 4(a), 4(b), 4(c) and 4(d) shall be deemed to have come into operation on 20 October 1997.

(3) Article 4(e) shall be deemed to have come into operation on 1 December 1997.

(4) Article 4(f) shall be deemed to have come into operation on 5 December 1997.

3. The Interpretation Act, 1937 (No. 38 of 1937) applies to this Scheme.

4. (a) The Telecommunications Scheme, 1994 ( S.I. No. 177 of 1994 ) is hereby amended by the addition of the following paragraph (19) to Article 63 thereof:

"63 (19) (1) Bord Telecom Éireann plc may provide a facility (in this Scheme referred to as the "SwitchLink Access Service") to Service Providers whereby Service Providers may avail of the SwitchLink Access Service for the purpose of providing telecommunications services to End User(s). There shall be charged to the Service Provider and paid by him in respect of the provision to him of the SwitchLink Access Service the charges specified in Part 1 of Section XI of Part 6 of the First Schedule to this Scheme.

There shall be further charged to the Service Provider and paid by him in respect of End User calls utilising the SwitchLink Access Telephone Exchange Line, the charges specified in Part 2 of Section XI of Part 6 of the First Schedule to this Scheme. The charges payable by the Service Provider to Bord Telecom Éireann plc in respect of End User calls utilising the SwitchLink Access Telephone Exchange Line shall attract a discount as set out in Part 2 of Section XI of Part 6 of the First Schedule to this Scheme and shall not attract any further or other discounts.

(2) For the purposes of this Scheme "End User" shall mean an individual or company with whom a Service Provider makes, has made or is deemed to have made an agreement for the provision to such individual or company of telecommunications services and also means an individual or a company to whom such service has been or is being provided.

"Service Provider" shall mean an individual or a company who provides telecommunications services to End User(s) pursuant to a licence granted to it under the provisions of Section 111 (2A) of the Postal and Telecommunications Services Act, 1983 and with whom Bord Telecom Éireann plc has entered into an agreement, for the provision to it of the SwitchLink Access Service for the purpose of enabling it to provide telecommunications services to End User(s).

"SwitchLink Access Service" shall mean the provision by Bord Telecom Éireann plc of a SwitchLink Access Telephone Exchange Line to a Service Provider, which line is capable of connecting End User(s) to a Terminating Telecommunications Node, for the purposes of the provision of telecommunications services by the Service Provider to End User(s) and includes all calls made utilising the SwitchLink Access Telephone Exchange Line.

"SwitchLink Access Telephone Exchange Line" shall mean a telecommunications line with outgoing service only, which has been configured by Bord Telecom Eireann plc to provide the SwitchLink Access Service to the Service Provider.

"Terminating Telecommunications Node" shall mean a telecommunications switching point (node) which has been nominated by the Service Provider to Bord Telecom Eireann plc, for the purposes of the provision of the SwitchLink Access Service by Bord Telecom Eireann plc to the Service Provider."

4. (b) The addition of the following paragraph 19 (A) to Article 63 after Article 63 (19) thereof.

"63 (19) (A) (i) Bord Telecom Eireann plc may provide a facility (in this Scheme referred to as "SwitchLink Call Temination Plan 1 Facility") to Service Providers whereby Service Providers may avail of the SwitchLink Call Termination Plan 1 Facility for the purpose of procuring that Bord Telecom Eireann plc delivers Eligible SwitchLink Termination Calls from telephone exchanges owned or operated by Bord Telecom Eireann plc either to subscribers of Bord Telecom Eireann plc within the State or for onward transmission. There shall be charged to the Service Provider and paid by him in respect of the provision of him of the SwitchLink Termination Plan 1 Facility the Subscription Charge and the Call Charges both of which are specified in Part 3 (a) of Section XI of Part 6 of the First Schedule to the Scheme.

(ii) For the purposes of this Scheme:

"Call Charges" shall mean the charges payable by the Service Provider in respect of Eligible SwitchLink Termination Calls.

"Eligible SwitchLink Termination Calls" shall mean direct dialled calls made on Inter City Routes and between exchanges in the State and from exchanges in the State to Northern Ireland and from exchanges in the State to exchanges outside the State (excluding Chargecard calls, Eirpac calls, calls to other Packet Switching Networks, unrestricted 64Kb calls made by use of the Integrated Services Digital Network (ISDN) facility, calls made to Premium Rate Telephone Service, Directory Enquiry calls, 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 Immarsat and Skyphone mobile telephony systems and Freefone 1800, 1850 and 1890 calls received by the Service Provider).

"InterCity Routes" shall mean calls made between exchanges on routes specified in Part 3 (b) of Section XI of Part 6 of the First Schedule to this Scheme.

"Subscription Charge" shall mean the monthly charge payable by the Service Provider to avail of the SwitchLink Call Termination Plan 1 Facility.

It shall be a condition of the application of the SwitchLink Call Termination Plan 1 Facility that:

(i) the Service Provider pays the monthly Subscription Charge set out in Part 3 (a) of Section XI of Part 6 of the First Schedule to this Scheme.

(ii) accounts to which the SwitchLink Call Termination Plan 1 Facility applies must be discharged in full within 14 days of the date of issue of the bill or by means of a direct debit mandate approved by Bord Telecom Eireann plc.

(iii) Eligible SwitchLink Termination Calls shall not be eligible to any further or other discounts including any discounts under Article 18, 19, 19(A), 19(B), 19(C), 19(D), 19(E) and 19(F) of this Scheme."

4. (c) The addition of the following paragraph (19B) to Article 63 after Article 63.19(A) thereof:

"63 (19) (B) (i) Bord Telecom Eireann plc may provide a facility (in this Scheme referred to as "SwitchLink Leased Line Discount") to Service Providers who are also Leased Line Subscribers of Bord Telecom Eireann plc whereby such Subscribers shall be entitled to a discount on rental charges paid by them to Bord Telecom Eireann plc for Leased Lines utilised for the sole purpose of the provision of telecommunications services to End User(s). The level of such discount is as specified in Part 4 of Section XI of Part 6 of the First Schedule to this Scheme."

4. (d) the addition of the following Section XI of Part 6 of the First Schedule after Section X of Part 6 of the First Schedule.

SECTION XI

SwitchLink Service

{Article 63(19)(1)} Part 1. Installation, Removal and Rental

{Article 63(19)(1)} Part 2. Call Charges for SwitchLink Access Services

Table

Standard Rate:

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. on normal working days from Monday to Friday (inclusive).

Reduced Rate:

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. and before 8 a.m. from Monday to Friday (inclusive); and

(ii) such other times as Bord Telecom Eireann plc may from time to time announce by advertisement in the national morning daily newspapers.

Weekend Rate:

The weekend rate applies to calls made as follows:

(i) on Saturdays, Sundays and Public Holidays; and

(ii) on such other times as Bord Telecom Eireann plc may from time to time announce by advertisement in the national morning daily newspapers.

Discount

Charges for calls made utilising a SwitchLink Access Telephone Exchange Line will attract a discount of 60% which will be applied to the bill issued to the Service Provider.

{Article 63(19)(A)} Part 3(a). SwitchLink Termination Rates

Subscription Charge               £350 per month

Part 3 (b). Inter City Routes

(Calls made on the following routes are calls made on Inter City Routes for the purposes of SwitchLink Termination rates. The routes are one way)

{Article 63(19)(B)} Part 4. SwitchLink Leased Line Discount

A reduction of 5% will be applied to the net Leased Line rental paid to Bord Telecom Eireann plc by a Service Provider following the application of all other relevant discounts.

4. (e) the substitution of the following Part 3(a) of Section XI of Part 6 of the First Schedule for Part 3(a) of Section XI of Part 6 of the First Schedule hereto.

{Article 63(19)(a)} Part 3(a). SwitchLink Termination Rates

Subscription Charge        £ 175 per month

4. (f) the substitution of the following Part 2 of Section XI of Part 6 of the First Schedule for Part 2 of Section XI of Part 6 of the First Schedule hereto.

{Article 63(19)(1)} Part 2. SwitchLink Access Call Charges

Table

Standard Rate:

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. on normal working days from Monday to Friday (inclusive).

Reduced Rate:

The reduced rate applies to calls made as follows:

(i) at or after 6 p.m. and before 8 a.m. from Monday to Friday (inclusive); and

(ii) such other times as Bord Telecom Éireann plc may from time to time announce by advertisement in the national morning daily newspapers.

Weekend Rate:

The weekend rate applies to calls made as follows:

(i) on Saturdays, Sundays and Public Holidays; and

(ii) on such other times as Bord Telecom Éireann plc may from time to time announce by advertisement in the national morning daily newspapers.

Discount

Charges for calls made on the SwitchLink Access Telephone Exchange Line will attract a discount of 60% which will be applied to the bill issued to the Service Provider.

.".

PRESENT when the Common Seal of BORD TELECOM ÉIREANN PLC was affixed thereto this 6th day of February, 1998.

A. KANE,

Director.

RONALD BOLGER,

Director.

EXPLANATORY NOTE.

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