S.I. No. 385/1998 - Telecommunications (Amendment) (No. 7) Scheme, 1998.

S.I. No. 385 of 1998.

TELECOMMUNICATIONS (AMENDMENT) (NO. 7) 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. 7) Scheme, 1998.

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

(2) Article 4(a), Article 4(b) and Article 4(c) shall come into operation on 13 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 revocation of Article 20 including Article 20(B) but excepting Article 20(A) thereof and the substitution of the following Article 20 therefor

"20(1) Bord Telecom Eireann plc may provide a facility (in this Scheme referred to as "Freefone Discount" facility) to telephone Subscribers generally or to such group of telephone Subscribers as it shall determine whereby a telephone Subscriber may, receive a discount on the prevailing Call charges for Eligible Freefone Calls as specified in Parts 1, 2, 3 and 4 of Section III of Part 6 of the First Schedule hereto where the value of the Discounted Call Charges due (exclusive of Value Added Tax) by the Subscriber to Bord Telecom Eireann plc on a single telephone account in respect of Eligible Freefone Calls is not less than a Minimum Spend Level specified in Part 3 of Section VII of Part 6 of the First Schedule hereto.

Where a Subscriber wishes to avail of the facility and selects a Minimum Spend Level, Bord Telecom Eireann plc shall apply the corresponding percentage discount specified in Part 3 of Section VII of Part 6 of the First Schedule hereto. Bord Telecom Eireann plc may, at its absolute discretion withdraw the facility from all or any of its Subscribers.

20(2) For the purposes of this Scheme:

"Eligible Freefone Calls" are National Freefone Calls and International Freefone Calls.

"National Freefone Calls" are Calls made by a caller from a telephone exchange line within the State to 1800, 1850 and 1890 numbers terminating in the State.

"International Freefone Calls" are Calls made by a caller outside the State to 1800 numbers terminating in the State.

"Minimum Spend Level" is the value of the Discounted Call Charges for Eligible Freefone Calls per Billing Cycle which the Subscriber is obliged to pay in each Billing Cycle in order to avail of the facility.

"Billing Cycle" is the monthly period in respect of which charges for Eligible Freefone Calls are billed by Bord Telecom Eireann plc to Subscribers.

"Discounted Call Charges" are the value of Call charges for Eligible Freefone Calls after the appropriate percentage discount specified in Part 3 of Section VII of Part 6 of the First Schedule hereto has been applied thereto.

20(3) It shall be a condition of the application of the facility that:

(a) the value of the Discounted Call Charges for Eligible Freefone Calls payable by the Subscriber to Bord Telecom Eireann plc per Billing Cycle shall not be less than the Minimum Spend Level selected by the Subscriber;

(b) in the event of the Discounted Call Charges for Eligible Freefone Calls payable by the Subscriber to Bord Telecom Eireann plc in a Billing Cycle being less than the Minimum Spend Level the Subscriber shall be liable to pay to Bord Telecom Eireann plc such sum as represents the value of the Minimum Spend Level selected by it;

(c) in the event of the Call charges actually paid by the Subscriber for Eligible Freefone Calls in a Billing Cycle exceeding the Minimum Spend Level selected by the Subscriber, the Subscriber shall be entitled to a discount at the percentage discount rates appropriate to the Minimum Spend Level selected by the Subscriber;

(d) in the event of the Subscriber failing to reach the Minimum Spend Level selected by it in a Billing Cycle due to a reduction in charges for Eligible Freefone Calls, the Subscriber shall be entitled to select a lower Minimum Spend Level and shall be entitled to the appropriate discount on the lower Minimum Spend Level;

(e) the Subscriber may select an increased Minimum Spend Level not more frequently than once every quarter on giving notice of such selection to Bord Telecom Eireann plc. On receipt of such notice, Bord Telecom Eireann plc shall use its best endeavours to change the Minimum Spend Level on the Subscribers account at the commencement of the next Billing Cycle following receipt of such notice and the Subscriber shall be entitled to the appropriate discount on the increased Minimum Spend Level;

(f) accounts to which the facility applies must be discharged in full within 14 days or by means of a direct debit mandate approved by Bord Telecom Eireann plc;

(g) the number of Eligible Freefone numbers on a single account to which the facility applies shall not exceed twenty;

(h) Eligible Freefone Calls shall not attract any other or further discounts.

(b) The substitution of the following Section III of Part 6 of the First Schedule for Sections III of Part 6 of the first Schedule thereto:

Section III

Charges in respect of Freefone 1800 service

Charges in respect of 1850 service

Charges in respect of 1890 service

LoCall 1890 Local Area Extension

Part 1

Call Charges (Recipient) — Freefone 1800 Service

Call Charges between exchanges in the State:

Note:

1. No fee other than the minimum fee is payable on Calls the duration of which is equal to or less than the appropriate 'minimum fee seconds allowance'.

2. The subsequent pence per second is applied to each second or part thereof in excess of the 'minimum fee seconds allowance'.

3. C1 Trunk Calls are Calls, originating on a fixed telephone exchange line, to a Freefone 18xx number terminating on an NCRTN.

4. C2 Trunk Calls are Calls, originating on an NCRTN, terminating on a Freefone 18xx fixed number.

5. C3 Trunk Calls are Calls, originating on an NCRTN, to a Freefone 18xx number terminating on an NCRTN.

Part 2

Call Charges (Recipient) — 1850 Service

Call charges between exchanges in the State:

Note:

1. There is no charge to the Service Provider for Calls the duration of which is equal or less than the appropriate 'initial seconds allowance'.

2. Calls that exceed the 'initial seconds allowance' attract the minimum fee. The minimum fee is payable on Calls the duration of which is equal to or less than the appropriate 'minimum fee seconds allowance' but following the expiry of the 'initial seconds allowance'.

3. The subsequent pence per second is applied to each second or part thereof in excess of the 'minimum fee initial seconds allowance'.

4. C1 Trunk Calls are Calls, originating on a fixed telephone exchange line, to a Freefone 18xx number terminating on an NCRTN.

5. C2 Trunk Calls are Calls, originating on an NCRTN, terminating on a Freefone 18xx fixed number.

6. C3 Trunk Calls are Calls, originating on an NCRTN, to a Freefone 18xx number terminating on an NCRTN.

Part 3.

Call Charges (Recipient) — 1890 Service

Calls Charges between exchanges in the State:

Note:

1. No fee other than the minimum fee is payable on Calls the duration of which is equal to or less than the appropriate 'minimum fee seconds allowance'.

2. The subsequent pence per second is applied to each second or part thereof in excess of the 'minimum fee seconds allowance'.

3. C1 Trunk Calls are Calls, originating on a fixed telephone exchange line, to a Freefone 18xx number terminating on an NCRTN.

4. C2 Trunk Calls are Calls, originating on an NCRTN, terminating on a Freefone 18xx fixed number.

5. C3 Trunk Calls are Calls, originating on an NCRTN, to a Freefone 18xx number terminating on an NCRTN.

Part 4

Call Charges (Recipient)—Incoming international Freefone Calls.

For Calls made to exchanges in the State from exchanges in:

Note:

1. No fee other than the minimum fee is payable on Calls the duration of which is equal or less than the appropriate 'minimum fee seconds allowance'.

2. The subsequent pence per second is applied to each second or part thereof in excess of the 'minimum fee seconds allowance'.

INTERNATIONAL BANDS

Part 5

Additional Charges

.",

(c) the substitution of the following Section VII of Part 6 of the First Schedule for Section VII of Part 6 of the First Schedule thereto:

"

Section VII

VOLUME DISCOUNTS

{Article 18, 19, 19A, 19B, 19C, 19D, 19E, 19F, 19G, 20,}

Part 1.

International Volume Discount

Volume discounts on International Calls are applied on a monthly basis to the combined total of Eligible International Volume Discount Calls as per Article 18, as follows:

Part 2.

Total Volume Discount

Volume discounts on total Calls are applied on a monthly basis to the combined total of Eligible Total Volume Discount Calls as per Article 19, as follows:

PART 3.

Freefone Service Discount Scheme

Volume discounts on Eligible Freefone Calls are applied on a monthly basis to the combined total of Eligible Freefone Calls as per Article 20, as follows:

Note 1. Discount will apply based on the threshold monthly minimum spend.

Note 2. Calls Fixed to Mobile (C1 rate) are not eligible for discount.

Note 3. Calls Mobile to Fixed (C2 rate) are not eligible for discount.

Note 4. Calls Mobile to Mobile (C3 rate) are not eligible for discount.

PART 4.

B' Trunk Volume Discount (no longer provided)

Volume discounts on 'B' Trunk Calls are applied to the total eligible 'B' Trunk Calls as per article 19A, as follows;

PART 5.

International Term Discount

Discounts on Eligible International Calls are applied to total Eligible International Calls as per article 19B, as follows;

Part 6.

(i) Business Selections Discount

Volume discounts on Business Selections Calls are applied on a monthly basis to the combined total of Eligible Business Selections Calls as per Article 19(C), as follows:

6(ii) INTER CITY ROUTES (Calls made on the following routes are Calls made on Inter City Routes for the purposes of the Business Selections Discount facility. The routes are one way)

Part 7.

Multi Site Discount

Multi Site Volume discounts are applied on a monthly basis to the combined total of Eligible Subscriber Dialled Calls from Nominated Telecommunications lines as per Article 19 (D), as follows:

INTERNATIONAL BANDS

Part 8.

Residential International Bonus

Volume discounts on Residential International Calls are applied on a bi-monthly basis to the combined total of Eligible Calls as per Article 19(E), as follows:

Part 9.

Circle of Friends

A discount of 10% on the combined total of Eligible Calls made in every two month period as per Article 19(F).

Part 10

TalkSaver and Business Savers

Monthly Bill:

When the combined total of Eligible Calls exceeds£35 the following discounts are applied to the further Eligible Calls made during the billing period as per Article 19(G), as follows:

Note:

1. The combined total of all Eligible Calls up to a call value of£35 does not attract a discount.

2. Eligible Calls are aggregated in date and time order.

Bi Monthly Bill:

When the combined total of Eligible Calls exceeds£70 the following discounts are applied to the further Eligible Calls made during the billing period as per Article 19(G), as follows:

Note:

1. The combined total of all Eligible Calls up to a call value of£70 does not attract a discount.

2. Eligible Calls are aggregated in date and time order.

PRESENT when the Common Seal of BORD TELECOM EIREANN PLC was affixed thereto this 12 day of October 1998.

Director

Martin Geffrey

Telecom Eireann

St Stephen's Green

Dublin 2

Director

EXPLANATORY NOTE

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