S.I. No. 322/1998 - Telecommunications (Amendment) (No. 6) Scheme, 1998.


Bord Telecom Eireann 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. 6) Scheme, 1998.

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

(2) Articles 4(a) and 4(b) shall come into operation on 1 October 1998.

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 substitution of the following Article 89(A) for Article 89(A) thereof:

"89(A)(1) Bord Telecom Eireann plc may provide a facility (the "Facility") to Subscribers whereby Subscribers may receive a discount on the prevailing annual rental charges for leased lines as specified in Part 1 of the Second Schedule (the "Annual Rental Charges") on committing to the payment of one of the levels of annual rental (each a "Committed Rental Level") specified in Part 3, Section 1 of the Second Schedule hereto for a period of 2, 3 or 4 years (each a "Rental Period"). Where a Subscriber wishes to avail of the Facility and chooses a Committed Rental Level and a Rental Period, Bord Telecom Eireann plc shall apply the corresponding percentage discount specified in Part 3, Section II of the Second Schedule to the Annual Rental Charges. Bord Telecom Eireann plc may, at its absolute discretion withdraw the Facility from all or any Subscribers."

(2) It shall be a condition of the application of the Facility that:

(a) the Subscriber shall pay the Committed Rental Level chosen by it for the Rental Period chosen by it;

(b) where the sum payable by the Subscriber in respect of the use of leased lines in any 12 month period during the Rental Period chosen by it, is less than the minimum threshold of the Committed Rental Level chosen by it, then the Subscriber shall pay to Bord Telecom Eireann plc the corresponding Minimum Annual Rental as set out in Part 3, Section III of the Second Schedule hereto. For the purposes of this Scheme a 12 month period shall be calculated from the commencement of the Rental Period and after the first year from the anniversary of the commencement of the Rental Period;

(c) in the event of a Subscriber failing to reach the Committed Rental Level chosen by it, in the Rental Period chosen by it, due to a price reduction by Bord Telecom Eireann plc then the Subscriber shall be entitled to negotiate a revised Committed Rental Level with Bord Telecom Eireann plc and shall be entitled to the appropriate discount based on the revised Committed Rental Level so negotiated without penalty for the remainder of the unexpired term of the Rental Period chosen by it;

(d) in the event that the Subscriber ceases to avail of the Facility prior to the expiry of the Rental Period chosen by it, the Subscriber shall be liable to pay to Bord Telecom Eireann plc a sum equivalent to 5% of the corresponding Minimum Rental Level calculated in accordance with Part 3, Section III of the Second Schedule hereto for the unexpired term of the Rental Period chosen by it;

(e) the Subscriber may increase but not decrease the Committed Rental Level chosen by it annually on the anniversary of the initial implementation of the Facility on the Subscriber's account. In the event of the Committed Rental Level being so increased, the Subscriber shall be entitled to the appropriate increased discount for the unexpired term of the Rental Period chosen by it;

(f) in the event of the Annual Rental Charges actually paid by the Subscriber in a Rental Period chosen by the Subscriber exceeding the upper threshold of the Committed Rental Level chosen by the Subscriber the discount shall only be calculated on the Committed Rental Level chosen by the Subscriber.

(b) the substitution of the following Second Schedule for the Second Schedule thereof:

SECOND SCHEDULE

LEASED LINES

Part 1

{Article 89}

WITHIN THE STATE

ANALOGUE(3)

ANNUAL RENTAL(£)

Connection Fee

Per Local End

Main Link Access Charge(1)

Main Link 1-30Km per Km(2)

Above 30Km per Km

Per Local End (£)

2 Wire Leased Line

240

286

58.6

4.5

140

M1020/M1040

350

286

58.6

4.5

300

Notes:

(1) Main Link Access Charge applies to all circuits where inter-exchange distance is greater than zero km.

(2) Distance is charged per kilometre for each Main-Link Kilometre or part thereof.

(3) All services are not necessarily supplied in all areas.

(4) All above amounts are annual rentals with the exception of connection fees which are once-off charges.

(5) Charges are exclusive of VAT.

WITHIN THE STATE

DIGITAL (4)

ANNUAL RENTAL (£)

Connection Fee

Kbits

Per Local End(3)

Additional 100m Local Loop(3)

Main Link Access Charge (1)

Main Link 130 Km per Km(2)

Above 30Km per Km

Per Local End(5)(£)

64

608

286

58.6

4.5

930

128

937

574

70.1

8.3

1,100

192

1,162

859

80.9

12.5

1,400

256

1,162

1,146

92.1

16.3

1,400

320

1,162

1,432

103.2

20.5

1,400

384

1,162

1,719

114.1

24.1

1,400

448

1,162

2,006

125.4

28.5

1,400

512

1,209

2,293

137.1

32.6

1,400

576

2,800

280

2,579

147.7

36.4

2,500

640

2,800

280

2,865

158.9

40.4

2,500

704

2,800

280

3,152

170.1

44.4

2,500

768

2,800

280

3,439

181.1

48.4

2,500

832

2,800

280

3,725

192.3

52.4

2,500

896

2,800

280

4,012

203.4

56.4

2,500

960

2,800

280

4,298

214.6

60.4

2,500

1,024

2,800

280

4,585

225.7

64.4

2,500

1,088

2,800

280

4,621

229.9

66.0

2,500

1,152

2,800

280

4,657

234.2

67.7

2,500

1,216

2,800

280

4,692

238.4

69.3

2,500

1,280

2,800

280

4,728

242.6

71.0

2,500

1,344

2,800

280

4,764

246.8

72.6

2,500

1,408

2,800

280

4,800

251.1

74.3

2,500

1,472

2,800

280

4,835

255.3

75.9

2,500

1,536

2,800

280

4,871

259.5

77.6

2,500

1,600

2,800

280

4,907

263.7

79.2

2,500

1,664

2,800

280

4,943

268.0

80.8

2,500

1,728

2,800

280

4,978

272.2

82.5

2,500

1,792

2,800

280

5,014

276.4

84.1

2,500

1,856

2,800

280

5,050

280.6

85.8

2,500

1,920

2,800

280

5,086

284.9

87.4

2,500

1,984

2,800

280

5,121

289.1

89.1

2,500

2,048

2,800

280

5,157

293.3

90.7

2,500

34 Mbits

17,320

1,900

25,431

4,000

1,300

7,500

Notes:

(1) Main Link Access Charge applies to all circuits where inter-exchange distance is greater than zero km.

(2) Distance is charged per kilometre for each Main-Link Kilometre or part thereof.

(3) Distance based local end charge should be applied to circuits with bandwidth greater than 512 Kbits (e.g. 768 Kbits and 2 Mbits) where the local loop distance is in excess of 1.5Km. In the case of 34 Mbits, a distance based charge applies beyond 1Km.

(4) All services are not necessarily supplied in all areas.

(5) Connection fees for a second and subsequent local end provided at the same time for the same customer from the same address, is at half the standard rate of Connection Charge for that end of the circuit only. This applies to Digital Circuits only.

(6) All above amounts are annual rentals with the exception of connection fees which are once-off charges.

(7) Charges are exclusive of VAT.

ANALOGUE INTERNATIONAL

Annual Rentals (Irish Share only)

4 Wire Leased lines/M1020/M1040

1 Year Contract(1)

Variable Contract (pm)(2))

ZONE 1

£6,000;

£600;

ZONE 2

£11,050;

£1,105;

ZONE 3

£12,500;

£1,250;

ZONE 4

£16,800;

£1,680;

Connection Fee

£300;

£300;

Notes

1 Charges are based on a minimum commitment of one year.

2 Charges are based on a minimum commitment of three months.

3 The countries covered by the International Analogue Leased Lines Zones are as follows:

Zone 1: U.K./Northern Ireland.

Zone 2: Belgium, France, Germany, Luxembourg and Netherlands.

Zone 3: Austria, Denmark, Finland, Greece, Italy, Norway, Portugal, Spain, Sweden and Switzerland.

Zone 4: U.S.A. and Canada.

DIGITAL INTERNATIONAL

Annual Rentals (Irish Share only)

ZONE

Bandwidth kBit/s

Connection Fee

Annual Rental(1)

Variable Monthly(2)

ZONE 1

64

£930

£6,000

£600

128

£1,100

£11,250

£1,125

192

£1,400

£16,875

£1,687.50

256

£1,400

£21,750

£2,175

320

£1,400

£25,875

£2,587.50

384

£1,400

£30,000

£3,000

448

£1,400

£33,750

£3,375

512

£1,400

£37,500

£3,750

576

£2,500

£39,000

£3,900

640

£2,500

£40,125

£4,012.50

704

£2,500

£41,438

£4,143.80

768

£2,500

£42,750

£4,275

1,104

£2,500

£52,000

£5,200

1,536

£2,500

£59,200

£5,920

1,544

£2,500

£59,200

£5,920

1,920

£2,500

£64,000

£6,400

1,984

£2,500

£64,000

£6,400

2,048

£2,500

£64,000

£6,400

34Mb

£50,000

£650,000

£65,000

ZONE 2

64

£930

£11,050

£1,105

128

£1,100

£20,400

£2,040

192

£1,400

£30,600

£3,060

256

£1,400

£39,100

£3,910

320

£1,400

£43,350

£4,335

384

£1,400

£47,600

£4,760

448

£1,400

£55,250

£5,525

512

£1,400;

£62,900;

£6,290

576

£2,500;

£70,550

£7,055

640

£2,500

£78,200;

£7,820

704

£2,500;

£85,000;

£8,500

768

£2,500;

£88,400;

£8,840;

1,024

£2,500;

£94,350;

£9,435;

1,536

£2,500;

£136,000;

£13,600;

1,544

£2,500;

£136,000;

£13,600;

1,920;

£2,500;

£157,250;

£15,725;

1,984

£2,500;

£157,250;

£15,725;

2,048

£2,500;

£157,250;

£15,725

ZONE

Bandwidth kBit/s

Connection Fee

Annual Rental(1)

Variable Monthly(2)

ZONE 3

64

£930

£12,500

£1,250

128

£1,100

£23,800

£2,380

192

£1,400

£33,575

£3,357.50

256

£1,400

£43,690

£4,369

320

£1,400

£51,170

£5,117

384

£1,400

£58,650

£5,865

448

£1,400

£66,725

£6,672.50

512

£1,400

£74,800

£7,480

576

£2,500

£82,450

£8,245

640

£2,500

£90,100

£9,010

704

£2,500

£99,450

£9,945

768

£2,500

£108,800

£10,880

1,024

£2,500

£121,550

£12,155

1,536

£2,500

£170,000

£17,000

1,544

£2,500

£170,000

£17,000

1,920

£2,500

£187,850

£18,785

1,984

£2,500

£187,850

£18,785

2,048

£2,500

£187,850

£18,785

ZONE 4

64

£930

£16,800

£1,680

128

£1,100

£31,500

£3,150

192

£1,400

£37,800

£3,780

256

£1,400

£44,100

£4,410

320

£1,400

£50,050

£5,005

384

£1,400

£56,000

£5,600

448

£1,400

£57,050

£5,705

512

£1,400

£58,100

£5,810

576

£2,500

£59,500

£5,950

640

£2,500

£60,900

£6,090

704

£2,500

£61,950

£6,195

768

£2,500

£63,000

£6,300

1,024

£2,500

£80,500

£8,050

1,536

£2,500

£120,400

£12,040

1,544

£2,500

£120,400

£12,040

1,920

£2,500

£154,000

£15,400

1,984

£2,500

£154,000

£15,400

2,048

£2,500

£154,000

£15,400

ZONE

Bandwidth kBits/s

Connection Fee

Annual Rental(1)

Variable Monthly(2)

ZONE 5

64

£930

£30,600

£3,060

128

£1,100

£51,000

£5,100

192

£1,400

£76,500

£7,650

256

£1,400

£89,250

£8,925

320

£1,400

£108,375

£10,837.50

384

£1,400

£127,500

£12,750

448

£1,400

£138,125

£13,812.50

512

£1,400

£148,750

£14,875

576

£2,500

£157,250

£15,725

640

£2,500

£164,050

£16,405

704

£2,500

£171,700

£17,170

768

£2,500

£178,500

£17,850

1,024

£2,500

£212,500

£21,250

1,536

£2,500

£272,000

£27,200

1,544

£2,500

£272,00

£27,200

1,920

£2,500

£340,000

£34,000

1,984

£2,500

£340,000

£34,000

2,048

£2,500

£340,000

£34,000

Notes

1 Charges are based on a minimum commitment of one year.

2 Charges are based on a minimum commitment of three months.

3 The countries covered by the International Digital Leased Circuit Zones are as follows:

Zone 1: U.K./Northern Ireland.

Zone 2: Belgium, France, Germany, Luxembourg and Netherlands

Zone 3: Austria, Denmark, Finland, Greece, Italy, Norway, Portugal, Spain, Sweden and Switzerland.

Zone 4: U.S.A. and Canada.

Zone 5: Rest of the World

PART 2

TECHNICAL CHARACTERISTICS(1)

Leased Line Type

Interface Specification

Performance Specification

Typical Delivery Period (Days) (10),(12)

Typical Repair Time (Hours) (11),(12)

1. Ordinary Quality Voice (2),(3) Bandwidth

2 or 4 wire Analogue (4)

ITU.T M.1040

36

24.99

2. Special Quality Voice (2),(3) Bandwidth

2 or 4 wire Analogue (4)

ITU.T M.1020 (5)

42

21.78

3. From 64 kBit/s Digital to (2),(3),(6) 1984 kBit/s Digital

X21 bis

ITU.T G.821

42

5.28

4. 2048 kBit/s Digital (2),(3),(7) Unstructured

ITU.T G.703

ITU.T G.821

48

15.47

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

(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 plc 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 plc 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 (CTR14).

(7) The attachment requirements for terminal equipment to be connected to these 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 plc.

(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 plc 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 and Typical Repair Time does not constitute a legally binding commitment on the part of Bord Telecom Éireann plc to deliver or repair leased lines within such periods or times.

PART 3

Section I

COMMITTED RENTAL LEVELS

TYPE OF CIRCUIT

COMMITTED RENTAL LEVEL

ANALOGUE

DIGITAL

TELEPHONY

LEVEL 1

£100k -£199k

£50k -£99k

£400k -£499k

LEVEL 2

£200k -£299k

£100k -£199k

£500k -£599k

LEVEL 3

£300k -£399k

£200k -£299k

£600k -£699k

LEVEL 4

£400k -£499k

£300k -£399k

£700k -£799k

LEVEL 5

£500k -£749k

£400k -£749k

£800k -£899k

LEVEL 6

£750k -£999k

£750k -£999k

£900k -£999k

LEVEL 7

£1,000k -£1,999k

£1,000k -£1,999k

£1,000k -£1,999k

LEVEL 8

£2,000k -£2,999k

£2,000k -£2,999k

£2,000k -£2,999k

LEVEL 9

£3,000k -£3,999k

£3,000k -£3,999k

£3,000k -£3,999k

LEVEL 10

£4,000k -£4,999k

£4,000k -£4,999k

£4,000k -£4,999k

LEVEL 11

£5,000k

£5,000k

£5,000k

Section II

DISCOUNT BASED ON RENTAL PERIODS

2 YEAR

3 YEAR

4 YEAR

LEVEL 1

3.0%

4.0%

6.0%

LEVEL 2

3.5%

4.5%

6.5%

LEVEL 3

4.0%

5.0%

7.0%

LEVEL 4

4.5%

5.5%

7.5%

LEVEL 5

5.0%

6.0%

8.0%

LEVEL 6

5.5%

6.5%

8.5%

LEVEL 7

6.0%

7.0%

9.0%

LEVEL 8

7.0%

8.0%

10.0%

LEVEL 9

8.0%

9.0%

11.0%

LEVEL 10

9.0%

10.0%

12.0%

LEVEL 11

10.0%

11.0%

13.0%

Section III

MINIMUM RENTAL LEVELS

2 Year Term

3 Year Term

4 Year Term

Analogue

Digital

Telephony Quality Circuits

Analogue

Digital

Telephony Quality Circuits

Analogue

Digital

Telephony Quality Circuits

Level 1

£97,000

£48,500

£388,000

£96,500

£48,250

£386,000

£94,000

£47,000

£376,000

Level 2

£193,000

£96,500

£482,500

£191,000

£95,000

£477,500

£187,000

£93,500

£467,500

Level 3

£288,000

£192,000

£576,000

£285,000

£190,000

£570,000

£279,000

£186,000

£558,000

Level 4

£382,000

£286,500

£668,500

£378,000

£283,500

£661,500

£370,000

£277,500

£647,500

Level 5

£475,000

£380,000

£760,000

£470,000

£376,000

£752,000

£460,000

£368,000

£736,000

Level 6

£708,750

£708,750

£850,500

£701,250

£701,250

£841,500

£686,250

£686,250

£823,500

Level 7

£940,000

£940,000

£940,000

£930,000

£930,000

£930,000

£910,000

£910,000

£910,000

Level 8

£1,860,000

£1,860,000

£1,860,000

£1,840,000

£1,840,000

£1,840,000

£1,800,000

£1,800,000

£1,800,000

Level 9

£2,760,000

£2,760,000

£2,760,000

£2,730,000

£2,730,000

£2,670,000

£2,670,000

£2,670,000

£2,670,000

Level 10

£3,640,000

£3,640,000

£3,640,000

£3,600,000

£3,600,000

£3,600,000

£3,520,000

£3,520,000

£3,520,000

Level 11

£4,500,000

£4,500,000

£4,500,000

£4,450,000

£4,450,000

£4,450,000

£4,350,000

£4,350,000

£4,350,000

PRESENT when the Common Seal of BORD TELECOM EIREANN PLC was affixed thereto this 8 day of September 1998.

Director

Martin Geffrey

Telecom Eireann

St Stephen's Green

Dublin 2

Director

Approved for Sealing

Dr. E. G. Hall

Solicitor

The purpose of this Scheme is to effect certain modifications to the Telecommunications Scheme, 1994 ( S.I. No. 177 of 1994 )