S.I. No. 118/1959 - Telephone Regulations, 1959.

S.I. No. 118 of 1959.

TELEPHONE REGULATIONS, 1959.

I, MICHAEL HILLIARD, Minister for Posts and Telegraphs, in exercise of the powers conferred on me by section 2 of the Telegraph Act, 1885, and with the consent of the Minister for Finance, hereby make the following Regulations :

PART I. PRELIMINARY.

1 Short title.

1. These Regulations may be cited as the Telephone Regulations, 1959.

2 Commencement

2. These Regulations shall come into operation on the 1st day of August, 1959.

3 Interpretation.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

4 Definitions.

4. In these Regulations—

" agreement " means an agreement between the Minister and a subscriber,

" alarm clock call " means a call made at the request of a caller or subscriber from an exchange at a specified time to an exchange line or coin box exchange line connected to the same exchange,

" caller " means a person attending at a call office or a person other than the subscriber making use of a coin box exchange line for the purpose of transmitting or receiving a telephonic message,

" call office " means an office open to the public whether continuously or for such daily periods as may be determined from time to time by the Minister for the purpose of transmission and reception of telephonic messages,

references to calls made by a subscriber shall be construed as references to calls made by means of an exchange line which is the subject of an agreement, whether the call is made by the subscriber or by another person,

" certified " means certified by the Minister or by a duly authorised officer of the Department of Posts and Telegraphs, and any such certificate shall be prima facie evidence of the matter certified,

" coin box " means a receptacle for coins rented from the Minister by a subscriber and connected with a telephone provided under an agreement,

" coin box exchange line " means an exchange line with which is connected a coin box,

" exchange " means a building or apparatus telegraphically connected or intended to be so connected with two or more offices by telegraphic lines and used or intended to be used for the purpose of enabling telephonic messages to be transmitted direct between such offices by means of or with the aid of such lines and of appliances placed in or forming part of the exchange, and designated by the Minister to be an exchange,

" exchange line " means primarily a telegraphic line and apparatus connecting an exchange with an office, and also includes extension lines and apparatus specified in the agreement between the Minister and a subscriber and all other telephone apparatus and accessories the property of the Minister in or on the subscriber's premises,

" exchange system " means an exchange or group of exchanges directed by the Minister to be regarded as an exchange system, together with the exchange lines to any such exchange and, in the case of any such group of exchanges, the telegraphic lines connecting those exchanges with one another,

" fee " means any charge other than a charge specified in these Regulations made to a subscriber by the Minister in respect of a service rendered to the said subscriber,

" fixed-time call " means a call to be effected at or about a time specified in advance by the subscriber or caller,

" fixed-time charge " means a charge in respect of a fixed-time call or in respect of an attempt to effect a fixed-time call,

" local call " means any call referred to in paragraph (2) or paragraph (3) of Regulation 5,

" multi-metered trunk call " means a call which is made by a subscriber in which the connection of the call is effected by automatic switching and in respect of which the charge for thecall is recorded on the meter associated with the subscriber's exchange line as a number of local calls aggregating in value to the charge appropriate to the call in accordance with Regulation 6,

" office " means a building, part of a building, or other place which is telegraphically connected or intended to be connected, whether permanently or temporarily, by a telegraphic line or telegraphic lines with some other building, part of a building, or place (whether the buildings, parts of buildings, or places respectively be occupied or used solely by one person or by two or more persons jointly) and in or at which telephones are intended to be used for the purpose of enabling any person to transmit from and receive at such building, part of a building, or place telephonic messages,

" personal call " means a call which is specified by the subscriber or caller to be a call for establishment of telephonic communication between the subscriber or caller and a designated person or, at the request (made when the application for the call is made) of the subscriber or caller, between the subscriber or caller and a designated person or a substitute for that person,

" personal charge " means a charge in respect of a personal call or in respect of an attempt to effect a personal call,

" private telephone circuit " means a telegraphic line and apparatus which connects one office with another independently of any exchange and which is rented from the Minister by the occupier or occupiers of the offices so connected for his or their exclusive use for the purpose of transmitting and receiving telephonic messages on his or their business or private affairs,

" subscriber " means a person with whom the Minister makes or has made an agreement for the purpose of enabling such subscriber to communicate with other persons by means of the telegraphic line specified in that agreement,

" subscriber dialled trunk call " means a call which is made by a subscriber or a caller in which the connection of the call is affected by automatic switching and in respect of which the charge for the call is recorded on the meter associated with the subscriber's exchange line or the call office line as a number of local calls in accordance with Regulation 8,

" subscription " means the sum due in accordance with the terms of the agreement in respect of the rental of the exchange line specified in the agreement,

" subscriber's premises " means any premises where the exchange line is installed,

" telegraphic line " has the meaning given to it by the Telegraph Act, 1878, for the purposes of that Act,

" telephone " means a telegraphic transmitting or receiving instrument used or intended to be used at any office for the purpose of transmitting or receiving by means of electricity spoken messages or communications,

" telephone service " means the facility provided by the Minister under an agreement at the premises of a subscriber whereby the said subscriber is enabled to transmit and receive telephonic messages on his business or private affairs,

" telephonic message " means a spoken message or communication transmitted by telephone,

" the Minister " means the Minister for Posts and Telegraphs,

" trunk call " means any call which is not a local call,

" trunk line " means a telegraphic line used for telephonic communication and connecting an exchange system with another exchange system,

" urgent call " means a trunk call, for which precedence is requested by the subscriber or caller, and to which the Minister assigns the degree of precedence over other trunk calls which he considers appropriate.

PART II. CALL CHARGES AND OTHER MATTERS RELATING THERETO.

5 Charges for local calls.

5. (1) The Minister shall classify telephone exchanges into groups (herein referred to as telephone groups) and shall determine in relation to each telephone group : (a) what other telephone groups, if any, are to be regarded as adjacent to it and (b) the point (herein referred to as the group centre) which is to be used for measuring distances for the purpose of charging for calls.

(2) In respect of every call made by a subscriber to a telephone in the same telephone group or to a telephone in another telephone group which is regarded as adjacent to the telephone group of the subscriber making the call there shall be charged to the subscriber and paid by him—

(a) if he rents an exchange line without a coin box—the sum of twopence,

(b) if he rents a coin box exchange line—the sum of twopence halfpenny.

(3) (a) In respect of every call made by a caller from a call office to a telephone in the same telephone group or to a telephone in another telephone group which is regarded as adjacent to the telephone group of the call office from which the call is being made there shall be charged the sum of three pence.

(b) In respect of every call made from a coin box exchange line to a telephone in the same telephone group or to a telephone in another telephone group which is regarded as adjacent to the telephone group of the coin box exchange line from which the call is being made there shall be placed in the coin box the sum of three pence.

6 Charges for trunk calls.

6. (1) In respect of every trunk call (excluding subscriber dialled trunk calls) made by a subscriber there shall be charged to the subscriber and paid by him—

(a) where the distance between the group centres of the exchanges connected for the purpose of the call does not exceed thirty five miles for each period of three minutes or part of three minutes during which the call continues the charge stated in the First Schedule to these Regulations which is appropriate to the call, or

(b) where the distance between the group centres of the exchanges connected for the purpose of the call exceed thirty five miles—

(i) if the duration of the call does not exceed three minutes, the charge stated in the First Schedule to these Regulations which is appropriate to the call, or

(ii) if the duration of the call exceeds three minutes the charge stated in the First Schedule which is appropriate to the call together with, for each minute or part of a minute in excess of three minutes during which the call continues, a further charge equal to one third of the said charge stated in the said First Schedule which is appropriate to the call.

(2) In respect of every trunk call (excluding subscriber dialled trunk calls) which is made from a coin box exchange line, there shall be charged to the subscriber and paid by him, in addition to the sum chargeable under paragraph (1) of this Regulation the sum of one penny halfpenny.

(3) In respect of every trunk call (excluding subscriber dialled trunk calls) which is made by a caller from a call office there shall be charged and paid and in respect of every trunk call (excluding subscriber dialled trunk calls) which is made from a coin box exchange line there shall be placed in the coin box, in addition to the sum chargeable or required to be placed in the coin box, as the case may be, under paragraph (1) of this Regulation the sum of three pence.

7 Supply of lists of certain telephone exchanges to subscribers.

7. The Minister shall supply to every subscriber on demand a list of the telephone exchanges which are for the time being either in the same telephone group as the exchange with which the subscriber is connected or in the telephone groups which are regarded as adjacent to that group.

8 Charges for subscriber dialled trunk calls.

8. (1) In respect of every subscriber dialled trunk call made by a subscriber there shall be charged to the subscriber and paid by him a sum calculated in accordance with the Second Schedule to these Regulations which is appropriate to the call.

(2) In respect of every subscriber dialled trunk call made by a caller from a call office and in respect of every subscriber dialled trunk call made from a coin box exchange line there shall be placed in the coin box a sum calculated in accordance with the Second Schedule to these Regulations which is appropriate to the call.

(3) In respect of every local call recorded on the meter associated with a coin box exchange line from which subscriber dialled trunk calls may be made there shall be charged to the subscriber and paid by him the sum of two pence halfpenny.

9 Personal calls.

9. (1) There shall be charged and paid for a personal call (in addition to such other charge or charges as may be payable under these Regulations in respect of the call) a personal charge as follows :—

(a) If the call is made at or after 8.0 a.m. and before 6.0 p.m., the sum of one shilling and threepence, or

(b) if the call is made at or after 6.0 p.m. and before 8.0 a.m., the sum of eightpence.

(2) Where a personal call is cancelled by the caller or subscriber before it is connected and where a personal call is cancelled because the designated person is not available, or neither the designated person nor a substitute for him, is available, the charge under the foregoing paragraph of this Regulation shall be charged and paid notwithstanding such cancellation.

10 Fixed-time calls.

10. (1) There shall be charged and paid for a fixed-time call (in addition to such other charge or charges as may be payable under these Regulations in respect of the call) a fixed-time charge as follows :

(a) for a fixed-time call, irrespective of its duration, a sum equal to one quarter of the sum chargeable under these Regulations (other than this Regulation) for the call or, if the call exceeds three minutes duration, the first three minutes thereof, with a minimum of fourpence ;

(b) for each daily fixed-time call during a minimum period of one week (whether such a week is calculated as including or as excluding all or any of the following days, viz.—Sundays, Saturdays and public holidays), irrespective of the duration of the call, a sum equal to one eighth of the sum chargeable under these Regulations (other than this Regulation) for the call or, if the call exceeds three minutes duration, the first three minutes thereof, with a minimum of fourpence.

(2) Where a single fixed-time call or a daily fixed-time call is cancelled by the caller or subscriber before it is connected, there shall be charged as a cancellation fee, in lieu of all other charges, a sum equal to one quarter of the charge which would be payable under these Regulations (other than this Regulation) for the call if it had been effected and did not exceed three minutes duration, with a minimum of fourpence.

(3) Where the sum chargeable and payable under paragraph (1) of this Regulation includes a fraction of one penny, the said sum shall be increased to the lowest larger sum which does not include a fraction of one penny, and that larger sum shall be chargeable and payable in respect of the call (in addition to such other charge or charges as may be payable under these Regulations in respect of the call).

11 Charges for urgent calls.

11. Subject to the provisions of these Regulations, urgent calls may be charged for at double the call rates otherwise payable in accordance with these Regulations.

12 Charges for alarm clock calls.

12. The charges in respect of an alarm clock call shall be—

(a) if the call is made to a coin box exchange line—

(i) to the caller—sevenpence, and

(ii) to the subscriber—sixpence halfpenny, and

(b) if the call is made to an exchange line with which a coin box is not connected—fivepence.

13 Fixed-time calls under a contract.

13. The Minister may provide under a contract a call at a fixed time at a rate of charge differing from the charge fixed by or under these Regulations, or a series of such calls.

14 Charges for calls made to ascertain the time.

14. The Minister may provide facilities for a subscriber or caller to ascertain the time. A call made by a subscriber or caller for this purpose shall be regarded as a local call and shall be charged for in accordance with subparagraph (2) or (3), as may be appropriate, of Regulation 5.

15 Computation of distance between exchanges.

15. (1) The distance between the group centres of two exchanges connected for a trunk call shall, for the purpose of computing the charge for such a call, be measured in a straight line on a horizontal plane.

(2) Every doubt, question, or dispute which arises in respect of the distance under this Regulation between two exchanges shall be decided by the Minister.

16 Commencement, duration, and termination of calls.

16. Every doubt, question, or dispute which arises in respect of the time of commencement, the duration, or the time of termination of a call shall be decided by the Minister.

17 Limit of duration.

17. Calls for a period exceeding three minutes may be allowed, but no person shall be entitled as of right to continue a call for a period exceeding three minutes, and if a call continues for a period exceeding three minutes, the Minister may, if he considers it desirable in the interests of the Service to do so, interrupt, disconnect or interrupt and disconnect the call.

PART III. SUBSCRIBERS' EXCHANGE LINES AND PRIVATE TELEPHONE CIRCUITS.

18 Erection of exchange lines or private telephone circuits.

18. (1) The Minister shall erect the exchange line or private telephone circuit and (subject to the other provisions of these Regulations) maintain the same in good working order.

(2) The method of erection of the said exchange line or private telephone circuit shall be in the absolute discretion of the Minister and the subscriber shall afford all necessary and reasonable facilities for the completion of the work.

(3) If, after acceptance of an agreement by the Minister, expense is incurred by the Minister in providing an exchange line or private telephone circuit and an applicant should notify his desire to withdraw from the agreement before service on the said exchange line or circuit has been given or shall refuse or neglect to afford the facilities necessary and reasonable for the completion of the work, the subscriber shall pay to the Minister on demand :—

(a) a sum equivalent to the rental for the full term provided under the agreement,

or, at the option of the Minister—

(b) the amount of the costs and expenditure incurred by the Minister in and about all works undertaken for the provision of the said exchange line or circuit up to the date of the said notice of withdrawal or refusal or neglect to afford facilities as aforesaid, together with the costs and expenses of the recovery and removal of any works so erected.

In addition to the said amount as aforesaid the subscriber shall also pay to the Minister, on demand, the sum of five shillings for cancellation of the agreement.

19 Availability of exchange line for use

19. The exchange line shall normally be available for use during the hours in which the exchange to which it is connected is open for service. Where the exchange line is connected to an exchange at which continuous service is not given, arrangements may be made, on payment of a fee to be determined by the Minister, to have the exchange line connected for certain periods to the nearest exchange at which continuous service is given.

20 Damage to or destruction of exchange line or private telephone circuit.

20. The subscriber shall pay, on demand, to the Minister the certified cost of repairing, renewing or replacing in stock any part of the exchange line or private telephone circuit on the subscriber's premises which may be stolen or lost or which may be destroyed or damaged by fire or other cause.

21 Re-connection to a different exchange of exchange line and alteration of telephone number.

21. The Minister may at any time disconnect an exchange line from the exchange with which it is connected and re-connect it with any other exchange, and may at any time alter the telephone number allotted to the subscriber or the name of the exchange with which he is connected.

22 Alteration or removal of exchange line or private telephone circuit.

22. (1) (a) The Minister may, if he thinks fit at the request and expense of the subscriber, make any alteration in the exchange line or private telephone circuit, its fixtures and accessories (including the line or wires so far as they are within the boundaries of the premises in which the exchange line is fitted) or remove the exchange line or private telephone circuit to other premises, and the certified charge in respect of the cost of such alteration or removal shall be paid by the subscriber on demand.

(b) The Minister may also at any time without request by and free of expense to the subscriber, make any alteration in the exchange line or private telephone circuit, if the Minister considers such alteration desirable in the interests of the public service.

(c) The terms of the agreement and the provisions of these Regulations shall apply to the exchange line or private telephone circuit thus altered or removed, and such terms and provisions shall not be prejudiced by any total or partial interruption of communication caused by such alteration or removal.

(2) If the subscriber vacates the premises in which the exchange line or private telephone circuit is fitted, the Minister shall be at liberty to recover the exchange line or private telephone circuit without in any way affecting the subscriber's liability under the terms of the agreement or the provisions of these Regulations.

23 Subscriber's responsibility for safety of exchange line or private telephone circuit; prohibition of electrical attachments thereto.

23. (1) The subscriber shall be responsible for the safety of the exchange line or private telephone circuit, fixtures and accessories on the subscriber's premises, and shall not damage, alter, or remove the same, or without the consent in writing of the Minister, make any attachment to the same, or place any other telegraphic line or apparatus in electrical connection therewith or obliterate any marks, words, or numbers thereon, or permit any such damage, alteration, removal, attachment, connection or obliteration.

(2) The subscriber shall (without prejudice to the terms of the agreement and to the provisions of these Regulations) make good on demand the certified expense and damage to which the Minister may be put by reason of any breach of the foregoing paragraph.

24 Necessity for subscriber's co-operation.

24. (1) The subscriber shall grant to the Minister every reasonable facility in his power for the construction, examination, and maintenance of the exchange line or private telephone circuit and shall permit the Minister and his servants at all reasonable times, to have free access to the subscriber's premises for the purposes aforesaid.

(2) If the Minister, after written notice in that behalf by any duly authorised officer of the Department of Posts and Telegraphshas been given to the subscriber, shall be unable to obtain any such facility as aforesaid, the Minister may, without prejudice to the terms of the agreement, or to the other provisions of these Regulations, either determine the agreement at any time thereafter by notice in writing to that effect or disconnect the exchange line from the exchange or interrupt any private telephone circuit until such facility as aforesaid is afforded.

25 Hiring of additional exchange lines by subscriber.

25. If, of the calls made to the exchange line between 9 a.m. to 6 p.m. during six consecutive week-days, the number not completed on demand by reason of the exchange line being engaged exceeds 25 per cent. of the number so completed, the Minister may give to the subscriber notice in writing, accompanied by a certified record of the calls, requiring him to hire such number of additional exchange lines as in the opinion of the Minister are necessary to meet the requirements of the telephone traffic to and from the subscriber's line, and if the subscriber fails to comply with such notice within one month of its receipt, the Minister may determine the agreement at any time thereafter by notice in writing to that effect.

26 Habitual use of subscriber's exchange line by members of the public.

26. If the subscriber makes a practice of allowing the exchange line to be used by members of the public for the transmission of messages which are not on his business or private affairs, or exhibits an invitation to members of the public so to do, he shall collect on each such message a sum not less than the appropriate sum chargeable to a caller for a similar call made from a call office.

27 Party exchange line.

27. The Minister may, in circumstances in which he considers it advisable to do so and under conditions determined by him, enter into agreements with two or more persons to provide telephone service at their respective premises by means of a common exchange line for all or part of the route from the said premises to the exchange with which the subscribers are connected, and the provisions of these Regulations shall apply to each of the said subscribers in the same manner and to the same extent as if telephone service had been provided at their respective premises by means of independent exchange lines.

28 Carriage of electric current at varying frequencies on telegraphic lines hired by subscribers.

28. Nothing in these Regulations or in the relevant agreement for service shall preclude the Minister from using any telegraphic line of which the subscriber may have use by virtue of his agreement for any purpose (including the provision of telephone service to other persons) involving the carrying of electric currents over such telegraphic line at frequencies different from those at which currents are carried over such line in connection with telephone service.

PART IV. AGREEMENT WITH SUBSCRIBERS.

29 Agreement with subscribers.

29. Every applicant for telephone service shall, before he is provided with an exchange line or private telephone circuit, be required to enter into an agreement for the use of an exchange line.

30 Coin box lines.

30. A subscriber renting a coin box shall undertake to provide a lock and key for the coin box and to collect the moneys placed in the box.

31 Requirement of security from subscriber.

31. The Minister may, either before or after the acceptance of an agreement or before or after the connection of a subscriber's exchange line or before or after the completion of a private telephone circuit, demand security in such form and amount as the Minister may deem necessary for the payment of any subscription, fee or charge due in respect of telephone services, and, in default of such security, the Minister may, if the agreement has not commenced, refuse to implement the agreement, or, if the agreement has commenced, determine the agreement without prejudice to its terms and to the other provisions of these Regulations and, in case the exchange line has been provided, disconnect the exchange line, and in case a private telephone circuit has been provided, interrupt service on that circuit.

32 Subscriber debarred from assigning, etc. agreement.

32. The subscriber shall not, except with the written consent of the Minister, assign, underlet, or otherwise dispose of the agreement, or of any benefit or advantage thereunder.

33 Determination of agreement in event of difficulty in obtaining licence, wayleave permission or easement.

33. If—

(a) the Minister is at any time unable or unwilling to obtain or maintain any licence, wayleave permission, or easement necessary to the construction or maintenance of the exchange line or private telephone circuit, or

(b) the subscriber fails to give forthwith any undertaking required by the Minister to pay the certified cost of alterations to the exchange line or private telephone circuit deemed necessary by the Minister to prevent injurious affection by electric lighting or power plant erected by or on behalf of the subscriber, the Minister may by notice in writing to that effect determine the agreement as from the date of such notice, and the subscriber shall be entitled to no payment or compensation except a return of so much of the quarterly or annual subscription as has been paid for a period in advance ofthe date of determination and the balance of any sum deposited by way of security in accordance with Regulation 31 standing in the Minister's books to the credit of the subscriber, less the value of any fees, charges or other sums due to the Minister under the agreement or the other provisions of these Regulations.

34 Surrender and removal of exchange line.

34. On the determination of the agreement by any means the subscriber shall surrender to the Minister the exchange line or private telephone circuit with all fixtures and accessories, in as good condition as when received, ordinary wear only excepted, and the Minister shall remove the exchange line or private telephone circuit and for that purpose shall have access at all reasonable times by his engineers, agents, and workmen to the subscriber's premises and to all other premises under the subscriber's control, and the subscriber shall (except as hereinbefore provided) be entitled to a return of the balance of any sum deposited by way of security in accordance with Regulation 31 hereof, but shall have no claim for compensation or damages.

35 Transfer of exchange line.

35. In the event of a subscriber ceasing his agreement, and not taking service under a new agreement, he may, with the consent of the Minister, transfer the exchange line formerly rented by him to another occupier of the premises at which the exchange line is connected, and if the unexpired term of his former agreement exceeds one month, he may be allowed rebate of rental due under the terms of his agreement in respect of the unexpired term in excess of one month, but no rebate shall be allowed in respect of any period prior to the date on which the new subscriber accepts liability for the line transferred.

36 Subscriber not entitled to carry on business of collecting messages over exchange line etc.

36. Nothing in the agreement or in the other provisions of these Regulations shall be regarded as entitling the subscriber to carry on the business of collecting, receiving, or delivering messages or other communications transmitted by the exchange line or any business of a like kind.

PART V. SUBSCRIBERS' ACCOUNTS.

37 Due rendering of notice or account.

37. Any notice or certified account which may be given or rendered by the Minister under the agreement or the other provisions of these Regulations shall be deemed duly given or rendered if left at the subscriber's premises, or if sent by ordinary post to his usual or last known place of address.

38 Payment of accounts.

38. All fees and charges payable on demand to the Minister by the subscriber, according to the agreement and to the other provisions of these Regulations, and all expenses and damages payable by the subscriber under the other provisions of these Regulations, shall be paid as soon as an account thereof is rendered to the subscriber. Any account of the fees, charges, expenses and damages payable by the subscriber shall, when certified, be prima facie evidence of the amount thereof.

39 Subscription for exchange lines.

39. The Minister may, as respects any subscription, require payment in advance in respect of the full minimum period specified in the agreement. In the cases in which he has required payment in advance when the minimum term has expired, and in all other cases, the subscription shall be payable quarterly and shall be due in advance on the 1st day of January, 1st day of April, 1st day of July and 1st day of October in each year. Where payment in respect of the full minimum period is not required in advance, the first quarterly payment shall become due on whichever of the said quarterly days falls next after the certified date of the completion of the exchange line. The subscriber shall pay on the certified day of completion of the exchange line proportionate subscription from that day to the day on which the first quarterly subscription becomes due and, in addition, if security in the form of a sum of money has been demanded pursuant to the provisions of Regulation 31, such security as may have been determined by the Minister.

40 Subscriptions for transferred exchange lines

40. In the case of a transfer in accordance with Regulation 35 the subscription shall be due as from the date on which liability for the exchange line is accepted by the transferee, and shall be payable otherwise in accordance with the foregoing Regulation.

41 Subscriptions for private telephone circuits.

41. The subscription for a private telephone circuit shall be payable on demand annually in advance, and shall be due on the 1st day of October in each year where the circuit was provided during the period beginning on the 1st day of April in any year and ending on the next following 30th day of September and on the 1st day of April in each year where the circuit was provided during the period beginning on the 1st day of October in any year and ending on the next following 31st day of March.

42 Alteration of subscription.

42. The Minister may from time to time increase or reduce the subscription. In the event of an increase he shall give notice to the subscriber, and no increase shall take effect before the last day of the month following the month in which notice is given. When any increase or reduction takes effect the agreement shall be construed as if the increased or reduced subscription or charges were provided for in the agreement.

43 Failure to pay subscription, etc.

43. If—

(a) the subscription or any of the additional fees, charges, expenses or damages payable by the subscriber to the Minister under the agreement or under the other provisions of these Regulations is in arrear for twenty-one days after the same ought to have been paid, or

(b) the subscriber is adjudged bankrupt or becomes insolvent or makes any composition or arrangement with or assignment for the benefit of his creditors, or suffers a distress or execution to be levied on any of his premises, or, in the case of a company, is wound up or has a receiver of assets appointed, or

(c) the subscriber fails to observe and perform any of the terms of the agreement or fails to comply with any provisions of these Regulations affecting him,

the Minister may (without prejudice to any other right or remedy of the Minister under these Regulations and notwithstanding the waiver of any previous breach) determine the agreement at any time thereafter, by notice in writing to that effect. The Minister shall also be entitled to recover from the subscriber forthwith the balance of subscription due in accordance with the terms of the agreement.

44 Disconnection for non-payment of subscription, etc.

44. If any subscription or any fee, charge, expense or damages payable by the subscriber under the agreement or under the other provisions of these Regulations is in arrear for fourteen days, excluding Sundays and public holidays, after the relative account has been rendered, or the subscriber has failed to offer such security as may be required by the Minister in accordance with Regulation 31, the Minister may, without notice, and without prejudice to the terms of the agreement or to the provisions of these Regulations, wholly or in part suspend service on the exchange line or disconnect the exchange line from the exchange and may make in respect of any restoration of service after suspension or disconnection under the terms of this Regulation a charge of 7s. 6d. to be payable on demand.

45 Charges for local calls, multi-metered trunk calls and subscriber dialled trunk calls in subscribers' accounts.

45. In an account rendered to a subscriber of charges in respect of local calls, multi-metered trunk calls or subscriber dialled trunk calls or of any combination of such classes of calls it shall not be necessary to furnish particulars—

(a) of the number of such calls,

(b) of the individual charges in respect of such calls, or

(c) where the account is of charges in respect of any combination of the aforesaid classes of calls, of the total charges in respect of each such class.

PART VI. GENERAL.

46 Entry in Telephone Directory.

46. (1) A subscriber may be given one free entry in any Telephone Directory, published by or on behalf of the Minister, and the entry may be made in such terms, manner and order as the Minister thinks fit.

(2) No subscriber shall have any claim against the Minister or any of his officers in respect of the omission of any entry from a Telephone Directory or in respect of any error in any entry in a Telephone Directory.

(3) No subscriber shall be entitled to any abatement of subscription in respect of any omission or error mentioned in the foregoing paragraph of this Regulation.

47 Non-liability of Minister.

47. (1) Neither the Minister nor any of his officers shall be liable for :—

(a) any loss, damage or injury which may be incurred or sustained in connection with telephonic service ;

(b) in particular (but without prejudice to the generality of the foregoing paragraph) any loss or injury which may be incurred or sustained by reason or on account of any interruption of or failure in communication over any telegraphic line or an exchange system or by reason of or in connection with the taking or giving of messages by the Minister's officers, whether such loss, damage, or injury does or does not arise through the act or default of any officer of the Minister.

(2) A subscriber shall not be entitled to any abatement of subscription in respect of any such loss, damage, or injury, as is mentioned in the foregoing paragraph of this Regulation or of any such interruption or failure as is mentioned.

48 Indecent and offensive messages not to be transmitted

48. (1) No telephone shall be used—

(a) for the transmission of any message or communication which is grossly offensive or of an indecent, obscene or menacing character, whether addressed to an operator or any other person, or

(b) for the persistent making of telephone calls without reasonable cause or for the purpose of causing annoyance, inconvenience, or needless anxiety to any person.

(2) The Minister may interrupt any conversation or refuse to give the means of telephonic conversation to any subscriber or caller offending against this Regulation and may suspend without notice the telephone service of any subscriber whose telephone is so used unless or until such assurance is received as the Minister may deem sufficient that the offence will not be repeated.

(3) Where the Minister exercises any of his powers under this Regulation he shall not be obliged to return or refund any charge or subscription because of such exercise.

(4) Where the Minister exercises any of his powers under this Regulation, such exercise shall not prejudice or affect the exercise of any other right of the Minister.

49 Contracts for use of private telephone circuits.

49. The Minister may contract with any subscriber for the use of a private telephone circuit, whether continuously or for a fixed period daily (excluding Saturdays, Sundays or Saturdays and Sundays, at the subscriber's option), on the basis of an annual rental payable in advance ; and the other provisions of these Regulations, where appropriate, shall apply to the circuit so rented.

50 Contracts for use of trunk lines.

50. The Minister may contract with any subscriber for the regular daily use of a trunk line at reduced charges.

51 Application of telegraph and postal facilities.

51. (1) A telephonic message may be received for further transmission as a telegram, letter, express letter, or air mail letter, and a reply to any such express letter handed to a messenger may on request be telephoned to the sender of the express letter or other person subject to the regulations and charges applicable, including the charge for any telephone call involved.

(2) Where a telephonic message is received at a Post Office and is further transmitted as a telegram, letter, express letter, or air mail letter, the regulations made by the Minister in relation to telegrams, letters, express letters, and air mail letters (as the case may be) and the charges payable therefor shall apply in the same manner as though such telegram, letter, express letter, or air mail letter (as the case may be) had been handed to an officer of the Post Office or posted.

(3) Where a telephone message is transmitted to a Post Office for further transmission as a letter, express letter, or air mail letter, each thirty words of such message, or any less number of words over and above thirty or a multiple of thirty shall, for the purpose of the charge for such further transmission but not for any other purpose, be treated as a separate letter, express letter, or air mail letter, as the case may be.

(4) A reply to an express letter telephoned from a Post Office shall be subject to all charges imposed by these Regulations and the regulations in relation to express letters as though it were a separate service.

52 Saving for agreements

52. Nothing in these Regulations shall alter or affect the terms of an agreement made before the date when these Regulations come into force with reference to any matters arising under such agreement before that date.

53 Remission of charges.

53. Without prejudice to these Regulations, the Minister may in any case in which he may consider it just or reasonable so to do remit any sum made payable under these Regulations or under an agreement.

54 Documents of identity for persons exercising powers conferred by these Regulations

54. An officer, engineer, workman or agent of the Minister shall, before exercising any power conferred by these Regulations, be furnished by the Minister with a document of identity and when exercising any such power shall, if requested by any person affected, produce the document to such person.

55 Printing of regulations.

55. These Regulations shall be printed from time to time as amended by all Regulations made prior to the date of such printing.

56 Revocations.

56. (1) The Telephone Regulations, 1953 ( S.I. No. 227 of 1953 ), the Telephone (Amendment) (No. 1) Regulations, 1956 ( S.I. No. 117 of 1956 ), and the Telephone (Amendment) Regulations, 1958 ( S.I. No. 179 of 1958 ) are hereby revoked.

(2) The revocation effected by this Regulation shall not—

(a) revive anything not in force or existing immediately before the commencement of these Regulations, or

(b) affect anything done or suffered before such commencement.

FIRST SCHEDULE.

CHARGES FOR TRUNK CALLS OTHER THAN SUBSCRIBER DIALLED TRUNK CALLS.

SECOND SCHEDULE.

CHARGES FOR SUBSCRIBER DIALLED TRUNK CALLS BETWEEN EXCHANGES IN IRELAND.

In respect of each period or part of a period of time specified in the Table to this Schedule which is appropriate to the call and during which the call continues—

(a) the sum of two pence shall be charged to a subscriber without a coinbox,

(b) the sum of three pence shall be paid by a caller from a call office, and

(c) the sum of three pence shall be placed in the coinbox where the call is made from a coinbox exchange line.

GIVEN under my Official Seal, this 15th day of July, 1959.

MICHAEL HILLIARD.

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 15th day of July, 1959.

SÉAMUS Ó RIAIN.

EXPLANATORY NOTE.

These Regulations consolidate with amendments the Telephone Regulations, 1953, and the Telephone (Amendment) Regulations, 1958. The principal amendments made are as follow :—

1. Provision is made for the classification of telephone exchanges into groups and for the application of local call fees to calls between exchanges in the same group and between exchanges in groups regarded as adjacent to each other. (Regulation 5.)

2. Provision is made for a revised scale of charges for internal trunk calls and for revised charges for calls made to Great Britain, the Isle of Man and the Channel Islands between 6 p.m. and 8 a.m. (Regulation 6 and First Schedule.)

3. Provision is made for the charges for Subscriber Dialled Trunk Calls. (Regulation 8 and Second Schedule.)

4. Provision is made for the making, under contract, of fixed time calls at special rates of charge. (Regulation 13.)