S.I. No. 177/1994 - Telecommunications Scheme, 1994.


S.I. No. 177 of 1994.

TELECOMMUNICATIONS SCHEME, 1994.

TABLE OF CONTENTS

PART I

Preliminary and General

Article

1. Citation.

2. Commencement

3. Interpretation Act, 1937.

4. Repeals.

5. Interpretation.

6. Existing Agreements.

PART II

Telecommunications Services

CHAPTER 1

Scope

7. Scope.

CHAPTER 2

Agreements

8. Agreements.

9. Assignment of Agreements.

CHAPTER 3

Accounts and Payments

Article

10. Subscriptions.

11. Due date for payment.

12. Particulars in accounts.

13. Security and advance payments.

14. Maximum usage.

15. Suspension of service.

16. Termination of agreement.

17. Remission of payments due.

18. International volume discount.

19. Total volume discount.

20. International freefone volume discount.

21. Alterations in subscriptions, fees and charges.

22. Method of payment of accounts.

23. Dishonoured cheques and abortive payments.

24. Disputed accounts.

25. Value added tax.

26. Set-off and interest.

27. Existence, authority and location.

CHAPTER 4

Use of telecommunications services

28. Prohibited use.

Article

29. Uses permitted.

30. Congestion.

31. Use by members of the public.

32. Common lines.

33. Business.

34. Regular use.

35. Duration of calls.

36. Charging for calls to other networks.

CHAPTER 5

Telecommunications lines, fixtures and accessories, and subscriber equipment

37. Provision.

38. Facilities for construction, examination and maintenance.

39. Theft, loss and damage.

40. Alterations and removals.

41. Damage, connections and obliterations.

42. Injury or interference by lighting, plant and equipment.

43. Consequences of termination.

CHAPTER 6

Transfer

44. Old subscriber.

45 New subscriber.

CHAPTER 7

General

Article

46. Records and documents.

47. Notices and accounts.

48. Identification.

49. Measurement of distance.

50. Measurement of time.

51. Absence of proprietary interest.

52. Force Majeure.

53. Exclusion of liability.

PART III

Telephone service

CHAPTER I

General

54. Scope.

55. Charges for installation removal and rental.

56. Telephone groups.

57. Local calls.

58. Subscriber dialled trunk calls.

59. Other trunk calls.

CHAPTER 2

Special telephone services

Article

60. Personal calls.

61. Alarm clock calls.

62. Telephone information service calls.

63. Call diversion, call waiting, conference calls, abbreviated calling, hotline service, direct dialling inwards, directory enquiry service, call barring Ireland direct, third country calling international virtual private network, switched digital international, integrated services digital network.

64. Particulars of duration and charge.

65. Reverse charge calls.

66. Freephone 1800 service and 1850 service.

67. Telephone directories.

CHAPTER 3

Telecards

68. Issue of telecards.

69. Loss or unauthorised taking.

70. Expiry of telecards.

71. Waiver of charges.

72. Termination of facility.

73. Further telecards.

74. Consequences of invalidity.

CHAPTER 4

Eircell Service

Article

75. Scope.

76. Agreements.

77. Purchase or leasing of equipment.

78. Provision of service.

79. Charges.

80. Infringement.

CHAPTER 5

Chargecard Service

81. Issue of chargecards.

82. Loss or unauthorised taking.

83. Expiry of chargecards.

84. Waiver of charges.

85. Termination of facility.

86. Further chargecards.

87. Consequences of invalidity.

PART IV

Leased Lines

88. Scope.

89. Charges.

90. International Circuits.

91. Alteration.

PART V

Telex Service

92. Scope.

93. Connection and equipment charges.

94. Call charges.

95. Directory.

96. Teleprinters.

97. Electricity.

98. Pactex.

PART VI

Eirpac Service

99. Scope.

100. Contact points and consents.

101. Charges for other services.

102. Network user identity.

103. Call charges.

104. Pactex.

105. Use by third parties and consideration.

106. Infringement.

PART VII

Videoconference Service

Article

107. Scope.

108. Charges.

109. Use by third parties.

110. Consideration.

111. International video conference service.

FIRST SCHEDULE

Telephone Service

PART 1

Installation Removal and Rental

PART 2

Local Calls

PART 3

Subscriber dialled Trunk Calls.

PART 4

Other trunk calls, (not from public telephones).

PART 5

Other Trunk Calls. (from public telephones).

PART 6

Special Telephone Services.

PART 7

Eircell.

PART 8

Telephone Directory Entries.

SECOND SCHEDULE

LEASED LINES

THIRD SCHEDULE

TELEX SERVICE

FOURTH SCHEDULE

EIRPAC

FIFTH SCHEDULE

VIDEOCONFERENCE SERVICE

EXECUTION

EXPLANATORY MEMORANDUM

S.I. No. 177 of 1994.

TELECOMMUNICATIONS SCHEME, 1994.

BORD TELECOM ÉIREANN, 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:

PART I Preliminary and General

1 Citation.

1. This Scheme may be cited as the Telecommunications Scheme, 1994.

2 Commencement

2. This Scheme shall come into operation on the first day of July 1994.

3 Interpretation Act, 1937 .

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

4 Repeals.

4. The

Telecommunications Scheme, 1992 ( S.I. No. 19 of 1992 ),

Telecommunications (Amendment) Scheme, 1993 ( S.I. No. 33 of 1993 ),

Telecommunications (Amendment) (No. 2) Scheme, 1993 ( S.I. No. 186 of 1993 ),

Telecommunications (Amendment) (No. 3) Scheme, 1993 ( S.I. No. 206 of 1993 ),

Telecommunications (Amendment) (No. 4) Scheme, 1993 ( S.I. No. 249 of 1993 ), and

Telecommunications (Amendment) Scheme, 1994 ( S.I. No. 11 of 1994 )

are hereby revoked.

5 Interpretation.

5. (1) In this Scheme:

"the Acts" mean the Telegraph Acts, 1863 to date, the Postal and Telecommunications Services Acts, 1983 and 1984 and any secondary legislation or other measures thereunder;

"agreement" means an agreement (whether contained in one or more documents or in information in any form) made, or deemed to have been made, between Bord Telecom Éireann and a person, relating to the provision of a telecommunications service;

"alarm clock call service" means the service whereby a telephone call is made at the request of a caller or telephone subscriber, from a telephone exchange at a specified time and includes all ancillary services;

"automatic telex call" means a telex call obtained without the intervention of a telex exchange operator;

"auxiliary line" means a telecommunications line;

"call" means the initiation or establishment of the means of transmission of a single communication or message through a telecommunications service;

"caller" means a person using a telecommunications service for the purpose of transmitting or receiving a telecommunications message;

"Cardphone public telephone" means a device for recording payment (other than a receptacle for coins) connected to a public telephone;

"certified" means certified by an employee of Bord Telecom Éireann;

"Chargecard" means a card issued to a Chargecard subscriber by Bord Telecom Éireann bearing serial numbers allotted to such subscriber and entitling the Chargecard bearer to make a Chargecard call;

"Chargecard bearer" means a person who, whether or not he has the authority of the Chargecard subscriber, is for the time being in possession of a Chargecard and includes the Chargecard subscriber or a person who has knowledge of the Chargecard serial numbers, whether or not so authorised;

"Chargecard call" means any telephone call (other than a call of a type not for the time being permitted by Bord Telecom Éireann) whether authorised by the Chargecard subscriber or not, made by a Chargecard bearer, where the Chargecard bearer cites or makes use of the Chargecard serial numbers for the purpose of making the call;

"Chargecard subscriber" means a telephone subscriber to whom a Chargecard has been issued pursuant to Article 81 of this Scheme;

"Eircell" is the name assigned by Bord Telecom Éireann to the analogue and GSM cellular radio telecommunications networks operated by it, whereby cellular radio telecommunications services are provided through base stations and switching centres connected together by means of telecommunications links and interconnected to the public switched telephone exchange system ["the fixed telephone network") and the terms "Eircell Service", "Eircell Analogue Service" and "Eircell GSM Service" shall be construed accordingly;

"Eircell Analogue equipment" means a cellular radio telephone used or intended to be used in conjunction with the Eircell Analogue Service and to which Eircell Analogue Service is provided;

"Eircell equipment" means Eircell Analogue equipment and Eircell GSM equipment;

"Eircell GSM equipment" means a cellular radio telephone, when used in conjunction with an Eircell SIM card;

"Eircell GSM subscriber" means an Eircell subscriber in respect of the Eircell GSM Service and to whom an Eircell SIM card or cards has or have been issued by Bord Telecom Éireann;

"Eircell SIM card" means a card (and related personal unlocking key and variable personal identification number), supplied by Bord Telecom Éireann to an Eircell GSM subscriber, designed to uniquely identify the Eircell GSM subscriber to the Eircell GSM Service and to enable appropriate cellular radio telephones to be used in conjunction with the Eircell GSM Service;

"Eircell subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the purpose of providing such person with Eircell Service and also means a person to whom such service has been or is being provided;

"Eirpac" is the name assigned by Bord Telecom Éireann to the Irish National Packet Switched Data Network operated by it and, where the context so admits or requires, applies to facilities, fixtures and accessories pertaining to the said Network;

"Eirpac service" refers to the service provided on the Irish National Packet Switched Data Network and includes, where the context admits or requires, facilities, fixtures and accessories comprised in it;

"Eirpac subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the purpose of providing such person with Eirpac service and also means a person to whom such service has been or is being provided;

"Eirpage service" means the one-way national wide-area radio paging service operated by Eirpage Limited and interconnected to the fixed telecommunications networks of Bord Telecom Éireann;

"Eirpage equipment" means paging units (and other associated equipment) to which Eirpage service is supplied;

"exchange" in relation to any telecommunications service means switching equipment and apparatus which forms part of the Bord Telecom Éireann system for provision of that service and, where the context so admits or requires, includes the building or part of the building or other external covering housing such apparatus;

"external extension" means an extension line other than an internal extension;

"fee" means any charge other than a charge specified in this Scheme made to a person by Bord Telecom Éireann in respect of a service rendered to the said person;

"fixtures and accessories" means fixtures and accessories owned and provided by Bord Telecom Éireann in connection with a telecommunications service supplied by it;

"Freefone 1800 call" means a telephone call which is made by a telephone subscriber or caller, in which the connection of the call is effected by automatic switching, which call is connected to the telephone exchange line of a telephone subscriber identifiable by a Freefone 1800 number allocated by Bord Telecom Éireann and which call is charged to and payable by the telephone subscriber identified by such Freefone 1800 number and the service whereby such calls may be received shall be known as the "Freefone 1800 service";

"1850 call" means a telephone call which is made by a telephone subscriber or caller, in which the connection of the call is effected by automatic switching, which call is connected to the telephone exchange line of a telephone subscriber identifiable by a 1850 number allocated by Bord Telecom Éireann and which call is in part charged to and payable by the telephone subscriber identified by such 1850 number and the service whereby such calls may be received shall be known as the "1850 service";

"group centre" has the meaning assigned to it by Article 56 of this Scheme;

"internal extension" means an extension line wholly within or intended to be wholly within a single building of a subscriber and by means of which two points within such building are connected or intended to be connected for the purpose of conveying telecommunications messages;

"leased lines" means telecommunications facilities provided by Bord Telecom Éireann which provide for transparent transmission capacity between network termination points and which do not include on-demand switching (switching functions which the user can control as part of the leased line provision);

"leased line subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the purpose of enabling such person to communicate by means of a leased line and also means a person to whom a leased line has been or is being provided;

"local call" means any telephone call referred to in Article 57 of this Scheme;

"packet switching exchange" means an exchange forming part of Eirpac and which is operated by Bord Telecom Éireann for the purpose of conveying data by means of telecommunications through the medium of that network;

"Pactex" means a facility whereby a message may be transmitted through the telex service and thereafter through the Eirpac service to an Eirpac subscriber or to an electronic mailbox rented by an Eirpac subscriber and whereby a message may be transmitted through the Eirpac service and thereafter through the telex service to a telex subscriber;

"personal call" means a call which is specified by the subscriber or caller to be a call for establishment of communication through a telecommunications service 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;

"place" includes a vessel, aircraft and vehicle;

"premises" includes a vessel, aircraft and vehicle;

"private branch exchange" means switching apparatus installed or intended to be installed in a subscriber's premises and connected or intended to be connected both to telephone exchange lines and to extension lines, and designed to provide intercommunication between the extension lines and communication between the extension lines and the telephone exchange lines;

"Private Payphone" means a telephone (other than a public telephone) to which a telephone subscriber has caused or permitted to be connected a receptacle for coins or a devide for recording other means of payment;

"public telephone" means a telephone exchange line to which is connected a receptacle for coins or a device for recording other means of payment, to which members of the public have access, whether continuously or for such daily periods as may be determined, prescribed or permitted from time to time by Bord Telecom Éireann or its agents, as the case may be;

"reverse charge call" means a telephone call between telephones in the State or between a telephone outside the State and a telephone in the State where the person making the call requests the telephone exchange operator that the charge or charges payable in respect of the call (save any personal charge) shall be charged to and payable by the person who is the telephone subscriber in respect of the called telephone and the telephone exchange operator obtains from the person answering on the called telephone a consent to the request before the call is established;

"subscriber" means a person with whom Bord Telecom Éireann makes, has made or is deemed to have made an agreement for the provision to such person of a telecommunications service and also means a person to whom such service has been or is being provided;

"subscriber dialled trunk call" means a trunk call which is made by a telephone subscriber or a caller in which the connection of the call is effected by automatic switching;

"subscriber's premises" means a building, or part of a building, vehicle, vessel or other structure or place, owned or occupied or controlled by a subscriber, and includes any premises in which a telecommunications line or fixtures and accessories used by or provided to a subscriber are installed;

"subscriber equipment" means equipment or apparatus owned by a person other than Bord Telecom Éireann, and used or intended to be used for the enjoyment of or in conjunction with a telecommunications service;

"subscription" means the sum or sums due in accordance with the terms of an agreement in respect of rental of telecommunications services, fixtures and accessories;

"Telecard" means a card issued to a Telecard subscriber by Bord Telecom Éireann bearing a serial number allotted to such subscriber and entitling the Telecard bearer to make a Telecard call;

"Telecard bearer" means a person who, whether or not he has the authority of the Telecard subscriber, is for the time being in possession of a Telecard and includes the Telecard subscriber or a person who has knowledge of the Telecard serial number whether or not so authorised;

"Telecard call" means any telephone call (other than a call of a type not for the time being permitted by Bord Telecom Éireann) whether authorised by the Telecard subscriber or not, made by a Telecard bearer, where the Telecard bearer cites the Telecard serial number and requests the telephone exchange operator to charge such call to the account of the said subscriber;

"Telecard subscriber" means a telephone subscriber to whom a Telecard has been issued pursuant to Article 68 of this Scheme;

"telecommunications line" includes a telegraphic line, a telegraph (as such terms are defined in the Telegraph Acts, 1863 to date) and includes all lines including auxiliary lines, circuits, apparatus and installations used for telecommunications services and, for the avoidance of doubt, includes Eircell Service and equipment;

"telecommunications message" means a message or communication transmitted by a telecommunications service;

"telecommunications service" means any service or facility provided by Bord Telecom Éireann as a means of or relating to telecommunications and includes, where the context admits or requires, a service or facility comprised in or ancillary to any such service of facility;

"telephone" means a transmitting or receiving instrument used or intended to be used for the purpose of transmitting or receiving telephonic messages and, where the context so admits or requires, includes a cellular radio telephone;

"telephone call" means a call made to or from a telephone;

"telephone exchange" means an exchange forming part of the Board Telecom Éireann system for provision of telephone service;

"telephone exchange line" means a telecommunications line provided for the purpose of connecting a telephone exchange with a public telephone or a telephone subscriber's telephone, together with all fixtures and accessories associated therewith whether or not in or on the telephone subscriber's premises but excluding Eircell equipment;

"telephone group" has the meaning assigned to it by Article 56 of this Scheme;

"telephone information service" means a service (whether provided by Bord Telecom Éireann or by others or by Bord Telecom Éireann in conjunction with others) whereby information is provided to callers;

"telephone service" means a service whereby telephonic messages may be transmitted through the public switched telephone exchange system of Bord Telecom Éireann and includes, where the context admits or requires, any service or facility provided by Bord Telecom Éireann and comprised in such service;

"telephone subscriber" means a person with whom Bord Telecom Éireann makes, has made, or is deemed to have made an agreement for the purpose of enabling such person to communicate with other persons by means of the telephone service and also means a person to whom such service has been or is being provided;

"telephone subscriber's premises" means the subscriber's premises of a telephone subscriber;

"telephonic message" means a message or communication transmitted by telephone and includes the transmission of data;

"teleprinter" means a transmitting or receiving instrument used or intended to be used for the purposes of transmitting or receiving telex messages by means of electricity or otherwise;

"telex call" means a call made through the telex service;

"telex booth" means a telex installation (other than a telex installation rented by a telex subscriber) to which members of the public have access whether continuously or for such daily periods as may be determined, prescribed or permitted from time to time by Bord Telecom Éireann or its agents as the case may be;

"telex exchange" means an exchange forming part of the Bord Telecom Éireann system for provision of telex service;

"telex installation" means that part of a telex line and also the fixtures and accessories associated therewith on a telex subscriber's premises and includes, where the context admits or requires, Eirpage equipment;

"telex line" means a telecommunications line provided for the purpose of connecting a telex subscriber's premises and a telex exchange together with any fixtures and accessories associated therewith whether or not in or on the telex subscriber's premises;

"telex message" means a message or communication transmitted by telex;

"telex service" means the service whereby telex messages may be sent directly between the sender and the recipient through the public telex network of Bord Telecom Éireann;

"telex subscriber" means a person with whom Bord Telecom Éireann makes, has made, or is deemed to have made an agreement for the purpose of enabling such person to communicate with other persons by means of the telex service and also means a person to whom such service has been or is being provided;

"telex subscriber's premises" means the subscriber's premises of a telex subscriber;

"terminating number" means a number pertaining to the Freephone 1800 Service and 1850 Service;

"trunk call" means any telephone call which is not a local call and includes all telephone calls made to Eircell equipment;

"type-approved apparatus" means apparatus or equipment which is of a type approved by a competent authority for the time being duly authorised in that behalf for connection to or use in conjunction with a telecommunications line of Bord Telecom Éireann;

"videoconference service" means a point to point non-switched service providing communication between persons in different locations combining audio communications and moving pictures of persons using the service and may include data transmission, still picture display and facsimile; and

"videoconference subscriber" means a person with whom Bord Telecom Éireann makes or has made an agreement for the purpose of enabling such person to use the video conference service of Bord Telecom Éireann and also means a person to whom such service has been or is being provided.

(2) References in this Scheme to the use of a telecommunications service by a subscriber shall be construed as references to use by means of facilities provided to such subscriber whether the telecommunications service is used by the subscriber or by another person (whether or not such person is acting with the authority of the subscriber).

(3) In this Scheme, except so far as the contrary is provided or the context otherwise requires, references to anything being or having been done by or under this Scheme shall be construed as including references to that thing being done or having been done by or under any previous enactment, regulation or scheme relating to telecommunications services and by or under the corresponding section, regulation, paragraph or article therein.

(4) Any reference in this Scheme to, or to any provision of, any enactment, regulation or scheme shall be construed, unless the context otherwise requires, as a reference to such enactment or regulation or scheme or such provision thereof as amended, re-enacted or replaced whether before or after the commencement of this Scheme by any other subsequent enactment, regulation or scheme.

(5) Any word or expression to which a particular meaning is assigned by the Telegraph Acts, 1863 to date, the Post Office Acts, 1908 to 1951, or the Postal and Telecommunications Services Acts, 1983 and 1984, and, for the avoidance of doubt, to include meanings assigned by any amendment, re-enactment or replacement of such Acts shall in this Scheme include, except where the context otherwise requires, the meaning so assigned.

6 Existing Agreements.

6. Nothing in this Scheme shall alter or affect the terms of an agreement made before the date of coming into operation of this Scheme with reference to any matters arising under such agreement before that date.

PART II Telecommunications Services

Chapter 1 — Scope

7 Scope.

7. In addition to the Acts, the Articles in this Part of this Scheme apply to telecommunications services generally.

Chapter 2 — Agreements.

8 Agreements.

8. Every applicant for a telecommunications service may, before he is provided with such service, be required to enter into an agreement in respect of such service.

9 Assignment of Agreement.

9. A subscriber shall not, except with the written consent of Bord Telecom Éireann, assign an agreement in whole or in part or any benefit or advantage thereunder and neither shall he, without such consent, make any arrangement concerning anything to which the agreement or service relates.

Chapter 3 — Accounts and Payments.

10 Subscriptions.

10. Subject to the Acts, any subscription payable under this Scheme shall commence, unless otherwise provided in this Scheme or otherwise decided by Bord Telecom Éireann or otherwise agreed, on the day when Bord Telecom Éireann first makes available to the subscriber the telecommunications service to which the subscription relates. Bord Telecom Éireann may charge a proportionate amount of such subscription in respect of the period between the first provision of the telecommunications service and the first day of the next period in respect of which an account would ordinarily issue.

11 Due date for payment.

11. Unless otherwise agreed or Bord Telecom Éireann otherwise decides, all subscriptions, fees, charges, expenses, damages and security deposits payable to Bord Telecom Éireann by a subscriber pursuant to an agreement or this Scheme shall be paid as soon as an account or demand therefor is rendered to the subscriber. Accounts shall be issued by Bord Telecom Éireann at such intervals and on such dates (whether in advance or in arrears, or partly in advance or partly in arrears) as Bord Telecom Éireann may from time to time decide, either generally or in relation to a particular service or a particular subscriber.

12 Particulars in accounts.

12. (1) In an account rendered to a subscriber of charges for use of a telecommunications service it shall not be necessary for Bord Telecom Éireann to furnish particulars of either:

( a ) the number of calls made; or,

( b ) the individual charges in respect of such calls.

(2) Should particulars of the number of calls made or of the number of calls of any type made or particulars of the individual charges in respect of such calls be furnished to and at the request of a subscriber there shall be charged to the subscriber the appropriate charges specified in the Schedules to this Scheme.

13 Security and advance payments.

13. Bord Telecom Éireann may from time to time require security for, or advance payment in respect of any subscription, fee, charge or expense payable or to be payable by a subscriber or by an applicant for a telecommunications service under an agreement, the Acts or this Scheme.

14 Maximum usage.

14. Bord Telecom Éireann may from time to time stipulate a maximum usage which may be made of a telecommunications service by a particular subscriber in a prescribed period or periods.

15 Suspension of service.

15. If,

( a ) after an account in respect of any telecommunications service has been rendered, any subscription, fee, charge, expense or damages, payable by a subscriber under an agreement, the Acts, this Scheme or otherwise is not paid in full within 14 days; or,

( b ) a subscriber or applicant has failed to render or give, or to have rendered or given, security for or advance payment required by Bord Telecom Éireann under an agreement, the Acts, this Scheme, or otherwise, in respect of charges for telecommunications services provided or to be provided by it by the day on which it is due to be rendered or given; or

( c ) Bord Telecom Éireann stipulates a maximum usage under Article 14 and such maximum usage is exceeded.

Bord Telecom Éireann may, without notice and without prejudice to the terms of the agreement, the Acts or this Scheme, wholly or in part suspend all or any telecommunications services provided to the said subscriber or applicant and, in the case of any such suspension, may, in respect of restoration of such service or services, require security or advance payment and may make the appropriate charges provided for in the Schedules to this Scheme.

16 Termination of agreement.

16. If:

( a ) the subscription or any fee, charge, expense, damages or advance payment payable by a subscriber in respect of any telecommunications service to Bord Telecom Éireann under an agreement, the Acts, this Scheme or otherwise is in arrear for 21 days after the day on which it is due to be paid; or,

( b ) a subscriber or applicant fails to render or give or to have rendered or given such security for charges as may be required under an agreement, the Acts or this Scheme on the day on which it is due to be rendered or given; or

( c ) a 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

( d ) the subscriber is a company, should any meeting of its creditors be called pursuant to Section 266 of the Companies Act, 1963 , or, should it enter any liquidation, or have a receiver of its assets appointed, or have a provisional liquidator appointed, or should a petition for its winding up be advertised or presented, or should a petition for the appointment of an examiner be presented; or

( e ) a subscriber fails to observe and perform any of the terms of the agreement or of any other contract or agreement whatsoever with Bord Telecom Éireann or fails to comply with any provisions of the Acts, this Scheme, or of any other statute, regulation, licence, consent, or requirement to obtain any licence or consent applicable to the subscriber;

Bord Telecom Éireann (without prejudice to any right or remedy of Bord Telecom Éireann under the agreement, the Acts or this Scheme and notwithstanding the waiver of any previous breach) may terminate at any time thereafter any or all agreements with the subscriber, by notice in writing to that effect as and from the date of such notice and may thereupon cease to provide telecommunications services to such subscriber. Bord Telecom Éireann shall also be entitled to recover from the subscriber forthwith all telecommunications lines, fixtures and accessories together with the balance of the subscription, fee, charge, expense or damages due in accordance with the terms of such agreements.

17 Remission of payments due.

17. Bord Telecom Éireann may, in any case in which it may consider it just or reasonable so to do, remit any sum. payable under an agreement, the Acts, this Scheme or otherwise.

18 International volume discount.

18. (1) Bord Telecom Éireann may, where the amount otherwise due (exclusive of Value Added Tax) on a single telephone account in respect of Eligible International Volume Discount Calls exceeds the appropriate amount specified in Section VII of Part 6 of the First Schedule to the this Scheme, apply thereto a discount (hereinafter "International Volume Discount") in respect of such amounts. The International Volume Discount shall be calculated as set out in Section VII of Part 6 of the First Schedule to this Scheme Bord Telecom Éireann may at its absolute discretion withdraw the International Volume Discount from all or any subscribers.

(2) For the purpose of this Scheme, "Eligible International Volume Discount Calls" shall mean subscriber dialled calls made to telephones outside the State (excluding Northern Ireland) made from a telephone exchange line rented by the subscriber but excluding subscriber dialled calls made by use of the International Virtual Private Network facility, or the Switched Digital International facility and also excluding Chargecard calls, Eircell calls and Eirpac calls.

(3) It shall be a condition of the application of the International Volume Discount that:

(i) Eligible International Volume Discount Calls shall be made only from a single premises, occupied by the subscriber;

(ii) Eligible International Volume Discount Calls shall be made by the subscriber or by employees of the subscriber; and

(iii) accounts to which the International Volume Discount applies must be discharged in full within 14 days or by means of direct debit mandate approved by Bord Telecom Éireann.

19 Total volume discount.

19. (1) Bord Telecom Éireann may, where the amount otherwise due (exclusive of Value Added Tax) on a single telephone account in respect of Eligible Total Volume Discount Calls exceeds the appropriate amount specified in Section VII of Part 6 of the First Schedule to this Scheme, apply thereto a discount (hereinafter "Total Volume Discount") in respect of such amount. The Total Volume Discount shall be calculated as set out in Section VII of Part 6 of the First Schedule to this Scheme. Bord Telecom Éireann may at its absolute discretion withdraw the Total Volume Discount from all or any subscribers.

(2) For the purposes of this Scheme "Eligible Total Volume Discount Calls" shall mean subscriber dialled calls made from a telephone exchange line rented by the subscriber but excluding subscriber dialled calls made by use of the International Virtual Private Network facility or the Switched Digital International facility and also excluding charge card calls, Eircell calls, Eirpac calls, and unrestricted 64Kb calls made by use of the Integrated Services Digital Network facility.

(3) It shall be a condition of the application of the Total Volume Discount that:

(i) Eligible Total Volume Discount Calls shall be made only from a single premises, occupied by the subscriber;

(ii) Eligible Total Volume Discount Calls shall be made by the Subscriber or by employees of the subscriber; and

(iii) accounts to which the Total Volume Discount applies must be discharged in full within 14 days or by means of direct debit mandate approved by Bord Telecom Éireann.

(4) In respect of any single telephone account there shall be applied, subject to this Scheme, the Total Volume Discount or the International Volume Discount, whichever shall be the greater.

20 International freefone volume discount.

20. (1) Bord Telecom Éireann may, where the total duration of Eligible Freefone 1800 Calls on a single telephone account, exceeds the appropriate time specified in Section VII of Part 6 of the First Schedule to this Scheme, apply to such an account a discount (hereinafter "International Freefone Volume Discount"). The International Freefone Volume Discount shall be calculated as set out in Section VII of Part 6 of the First Schedule to this Scheme Bord Telecom Éireann may at its absolute discretion withdraw the International Freefone Volume Discount from all or any subscribers.

(2) For the purpose of this scheme, "Eligible Freefone 1800 Calls" shall mean telephone calls made by a caller from telephones outside the State in places listed in Section VII of Part 6 of the First Schedule to this Scheme which calls are connected to the telephone exchange line of a telephone subscriber identifiable by a Freefone 1800 number allocated by Bord Telecom Éireann and which calls are charged to and payable by the telephone subscriber identified by such Freefone 1800 number.

(3) It shall be a condition of the application of the International Freefone Volume Discount that:

(i) accounts to which the International Freephone Volume Discount applies must be discharged in full within 14 days or by means of direct debit mandate approved by Bord Telecom Éireann; and

(ii) Eligible Freephone 1800 Calls shall be made only to a single premises, occupied by the subscriber.

21 Alterations in subscriptions, fees and charges.

21. (1) Bord Telecom Éireann may from time to time increase or reduce the subscription, fees or charges in respect of any telecommunications service. In the event of an increase, it shall give notice of such increase. No increase under this Article shall take effect before the expiration of the period of 14 days beginning on the date of the notice relating thereto and required to be given by this Article.

(2) When any increase or reduction under this Article takes effect, agreements in respect of the telecommunications service affected shall be construed as if the increased or reduced subscription, fee or charge were provided for therein.

22 Method of payment of accounts.

22. Bord Telecom Éireann may, by notice in writing to a subscriber or an applicant for telecommunications service require that accounts in respect of subscriptions, fees, charges, expenses, damages, security deposits or advance payments payable or to be payable by the subscriber or applicant under an agreement, the Acts or this Scheme be discharged in such a manner, by such time and by such method as Bord Telecom Éireann may designate either generally or in relation to any particular service or any particular subscriber.

23 Dishonoured cheques and abortive payments.

23. Where:

(1) a cheque is tendered to Bord Telecom Éireann in purported discharge (whether in whole or in part) of any subscription, fee, charge, expense, damages, security, advance payment or other sum properly payable by a subscriber or by an applicant for telecommunications service under the agreement, the Acts or this Scheme and is returned unpaid to Bord Telecom Éireann; or

(2) any other method of payment is used with a view to discharging wholly or in part any such subscription, fee, charge, expense, damages, security, advance payment or other sum properly payable by a subscriber or by an applicant for telecommunications service under the Agreement, the Acts or this Scheme and the use of such method of payment is for any reason dishonoured in whole or in part;

Bord Telecom Éireann may (without prejudice to any right or remedy of Bord Telecom Éireann under an agreement, the Acts, or this Scheme) charge the subscriber or applicant the additional sum (if any) specified in the appropriate Schedule to this Scheme.

24 Disputed accounts.

24. If a subscriber wishes to dispute the amount of or basis for any subscription, fee, charge, expense, damages, security, advance payment or other sum which is demanded from him by Bord Telecom Éireann he may do so by notice in writing given to Bord Telecom Éireann within 14 days from the date on which the account in respect thereof shall have been first rendered to him by Bord Telecom Éireann and if he fails to do so within that time he shall not be entitled thereafter to dispute or challenge the amount or basis of such subscription, fee, charge, expense, damages, security, advance payment or such other sum.

25 Value added tax.

25. There shall be paid by a subscriber or applicant for a telecommunications service in addition to any subscription, fee, charge, expense, damages, security, advance payment or other sum properly payable by a subscriber or by an applicant for a telecommunications service under an Agreement or this Scheme, the appropriate amount from time to time of Value Added Tax or similar tax, duty or impost levied from time to time by any appropriate authority.

26 Set-off and interest.

26. (1) Wherever under this Scheme any sum of money shall be owing to Bord Telecom Éireann by a subscriber or by any other person in respect of any telecommunications service or otherwise, the same or any part thereof may be deducted from any sum due by Bord Telecom Éireann to the subscriber or such other person or held by Bord Telecom Éireann on behalf of the subscriber or such other person.

(2) If the subscription or any fee, charge, expense or damages payable by a subscriber in respect of any telecommunications service to Bord Telecom Éireann under an Agreement, the Acts or this Scheme is in arrear for 21 days after the day on which it is due to be paid, Bord Telecom Éireann (without prejudice to any other right or remedy it may have under an agreement, the Acts or this Scheme) may charge interest upon such sum at a rate equal to the A rate for overdrafts charged for the time being by Allied Irish Banks plc calculated from the due date until the date for payment.

27 Existence, authority and location.

27. (1) Where a subscriber or applicant for telecommunications services requests Bord Telecom Éireann to supply telecommunications services to a particular premises or part of a premises, Bord Telecom Éireann shall be entitled to request such subscriber or applicant to provide such evidence as Bord Telecom Éireann considers satisfactory as to the entitlement of such subscriber to occupy such premises or part of a premises.

(2) Where an application is made for telecommunications services, Bord Telecom Éireann shall be entitled to request such evidence as it considers satisfactory as to:

( a ) the identity of the applicant and the subscriber or proposed subscriber;

( b ) the authority of the applicant to seek service in the name of the subscriber or proposed subscriber; and

( c ) any matter which Bord Telecom Éireann deems material to the creditworthiness of the applicant, subscriber or proposed subscriber.

(3) Where Bord Telecom Éireann seeks evidence under paragraphs (1) or (2) of this Article, it shall be at liberty to decline to provide telecommunications services until such evidence is furnished.

Chapter 4 — Use of Telecommunications Services.

28 Prohibited use.

28. (1) No telecommunications service shall be used:—

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

( b ) for the persistent making or attempted making of calls for the purpose of causing annoyance, inconvenience or needless anxiety to any person;

( c ) for the transmission of any message or other matter, which the sender knows to be false, for the purpose of causing annoyance, inconvenience or needles anxiety to any person;

( d ) in any manner which, in the opinion of Bord Telecom Éireann, may adversely affect the use of any telecommunications service by other subscribers or which may adversely affect any telecommunications service as a whole; or

( e ) otherwise than in accordance with instructions given by Bord Telecom Éireann from time to time under Article 51 (2) (c) of this Scheme or otherwise.

(2) Members of the public shall not be incited, encouraged or induced to call or to attempt to call simultaneously or otherwise, in the opinion of Bord Telecom Éireann, unreasonably a specified telecommunications line.

(3) Bord Telecom Éireann may suspend, without notice, all or any telecommunications services provided to, or refuse to provide such service to,any person who is the subscriber in respect of a telecommunications service used in contravention of this Article.

(4) Where Bord Telecom Éireann exercises any of its powers under this Article, it shall not be obliged to return or refund any charge or subscription in consideration of such exercise.

(5) Where Bord Telecom Éireann exercises any of its powers under this Article, such exercise shall not prejudice or affect the exercise of any other right or remedy of Bord Telecom Éireann.

(6) A subscriber shall comply with any directions given by Bord Telecom Éireann as to the manner of using any telecommunications service.

29 Uses permitted.

29. Nothing in this Scheme, an agreement or elsewhere shall preclude Bord Telecom Éireann from using any telecommunications line of which a subscriber may have use, for any purpose (including the provision of a telecommunications service to other persons) involving the carrying of electrical currents over such telecommunications line at frequencies different from those at which currents are carried over such line in connection with the telecommunications service provided to such subscriber.

30 Congestion.

30. If, of the calls made to a telecommunications line in any period determined by Bord Telecom Éireann, the number not completed on demand for any reason exceeds 25 per cent of the number so completed, Bord Telecom Éireann may give to the subscriber notice in writing, accompanied by a certified record of the calls, requiring him to hire such number of additional telecommunications lines or to take such other steps as in the opinion of Bord Telecom Éireann are necessary to meet the requirements of telecommunications traffic to and from such telecommunications line and if the subscriber fails to comply with such notice within 28 days of its receipt Bord Telecom Éireann may suspend all or any telecommunications services provided to, or terminate all or any of its agreements with, the subscriber at any time thereafter by notice in writing to that effect.

31 Use by members of the public.

31. Where a subscriber causes or permits to be connected to a telephone exchange line a Private Payphone which is adjusted or set to impose upon callers call charges other than those of or specified by Bord Telecom Éireann, the subscriber shall cause to be displayed prominently at, near or on such Private Payphone a notice which advises callers:

( a ) that the call charges are charges other than those of or specified by Bord Telecom Éireann; and,

( b ) of the amount of such charges.

32 Common lines.

32. Bord Telecom Éireann may, in circumstances in which it considers it advisable so to do and on the conditions determined by it, enter into agreements with two or more persons to provide telecommunications services at their respective premises by means of a common telecommunications 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 this Scheme shall apply to each of the said subscribers in the same manner and to the same extent as if telecommunications service had been provided at their respective premises by means of separate telecommunications lines.

33 Business.

33. Nothing in an agreement, this Scheme or elsewhere shall be regarded as entitling a subscriber to carry on the business of collecting, receiving or delivering messages or other communications transmitted by a telecommunications line or to carry on any business of like kind.

34 Regular use.

34. Bord Telecom Éireann may contract with any subscriber for the regular use of a telecommunications service at reduced rates.

35 Duration of calls.

35. Bord Telecom Éireann may determine the duration of any call and if a call continues for a period exceeding the duration determined by Bord Telecom Éireann, it may, if it considers it desirable in relation to the proper provision of a telecommunications service, interrupt, disconnect or interrupt and disconnect the call.

36 Charging for calls to other networks.

36. Where a subscriber makes a call to a network operated by a person other than Bord Telecom Éireann, the duration of a call for charging purposes may be calculated with effect from the instant of connection to such network, whether or not the call is answered by the called party.

Chapter 5 — Telecommunications Lines, Fixtures and Accessories, and Subscriber Equipment.

37 Provision.

37. (1) Bord Telecom Éireann or its agents shall, in accordance with an agreement, provide telecommunications lines and fixtures and accessories.

(2) The method of provision of telecommunications lines and fixtures and accessories shall be at the absolute discretion of Bord Telecom Éireann and a subscriber shall afford all necessary and reasonable facilities for the completion of the work and for the maintenance and continuing provision of the said telecommunications lines and fixtures and accessories.

(3) If, after acceptance of an application for a telecommunications service by Bord Telecom Éireann and after expense is incurred by Bord Telecom Éireann in providing a telecommunications line and fixtures and accessories, a subscriber should notify his desire to withdraw from the agreement before a telecommunications service on the said telecommunications line or fixtures and accessories has been given or should he refuse or neglect to afford the facilities necessary or reasonable for the completion of the work, the subscriber shall pay to Bord Telecom Éireann on demand:

( a ) a sum equivalent to the subscription for the full term or the minimum term provided under the agreement; and

( b ) the amount of the costs and expenditure incurred by Bord Telecom Éireann in and about all works undertaken for the provision of the said telecommunications line, fixtures and accessories 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 completed.

38 Facilities for construction, examination and maintenance.

38. (1) A subscriber shall grant to Bord Telecom Éireann and its duly authorised employees and agents every reasonable facility in his power for the construction, examination and maintenance of the telecommunications line and fixtures and accessories and for the examination of any subscriber equipment connected to the telecommunications line and shall permit Bord Telecom Éireann at all reasonable times to have free access to the subscriber's premises and any place in which such telecommunications line and fixtures and accessories or subscriber equipment (or any part thereof) is situated or happens to be.

(2) A subscriber shall afford every reasonable facility in his power or procurement for the construction, examination and maintenance of a telecommunications line and fixtures and accessories provided or sought to be provided by Bord Telecom Éireann to any other person.

(3) If Bord Telecom Éireann, after written notice on its behalf by any duly authorised employee or agent has been given to the subscriber, shall be unable to obtain any facility referred to in paragraph (1) or (2) of this Article or in paragraphs (2) and (3) of Article 37, Bord Telecom Éireann may, without prejudice to the terms of any relevant agreement or to the other provisions of this Scheme, either terminate all or any agreements with the subscriber at any time thereafter by notice in writing to that effect or wholly or in part suspend all or any telecommunications services provided to such subscriber until such facility is afforded. In the case of any such suspension Bord Telecom Éireann may make in respect of the restoration of such service or services the charges provided for in this Scheme.

39 Theft, loss and damage.

39. A subscriber shall pay, on demand, to Bord Telecom Éireann the certified cost of repairing, renewing or replacing in stock any part of the telecommunications line and fixtures and accessories which may be stolen or lost or which may be destroyed or damaged by fire or other cause whether or not such theft, loss, destruction or damage is caused by any act or omission of the subscriber.

40 Alterations and removals.

40. (1) Bord Telecom Éireann may, if it thinks fit and at the request and expense of a subscriber, make any alteration to the telecommunications line or fixtures and accessories (including the line or wires so far as they are within the boundaries of the subscriber's premises) or remove the telecommunications line or fixtures and accessories 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.

(2) The terms of the relevant agreement and the provisions of this Scheme shall apply to the telecommunications line and fixtures and accessories thus altered or removed and such terms and provisions shall not be prejudiced by any total or partial interruption of telecommunications service or communication caused by such alteration or removal.

41 Damage, connections and obliterations.

41. (1) A subscriber shall be responsible for the safety of any telecommunications lines and fixtures and accessories on the subscriber's premises of which he has the use and he shall not:

( a ) damage, alter or remove the same; or,

( b ) without the consent in writing of Bord Telecom Éireann, connect any other telecommunications line or other fixtures and accessories or subscriber equipment to the same; or,

( c ) obliterate any marks, words, or numbers thereon; or,

( d ) permit any such damage, alteration, removal, connection, or obliteration.

(2) Paragraph (1) of this Article shall not operate to prevent subscribers or licensees of a competent authority for the time being duly authorised in that behalf from connecting type approved apparatus to a connection point of a telecommunications line supplied by Bord Telecom Éireann.

(3) A subscriber shall ensure that all subscriber equipment connected to telecommunications lines provided to him is type-approved apparatus.

(4) The connection of subscriber equipment to a telecommunications line shall be effected in a manner which facilitates convenient connection to and disconnection from the telecommunications line (and in accordance with standards laid down from time to time by Bord Telecom Éireann or other competent authority) to enable Bord Telecom Éireann to test separately the said subscriber equipment and the telecommunications line to facilitate the installation, maintenance and inspection of the telecommunications line and fixtures and accessories.

(5) Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify telecommunications lines, fixtures and accessories, exchanges and other equipment and does not guarantee that subscriber equipment (including type-approved apparatus) connected to such telecommunications line or fixtures and accessories shall continue to operate or shall continue to operate in the same manner following such alteration, replacement or modification.

(6) A subscriber shall (without prejudice to the terms of the agreement or to the provisions of this Scheme) make good on demand the certified expense to which Bord Telecom Éireann or any other person may be put (including but not limited to the expense incurred in causing employees or agents of Bord Telecom Éireann to attend at the subscriber's premises) and the certified loss and damage which Bord Telecom Éireann or such other person may suffer by reason of any breach of this Article or by reason of any defect in, failure of, or damage caused by subscriber equipment connected to a telecommunications line or fixtures and accessories of which he has the use.

(7) A subscriber shall, on being required by Bord Telecom Éireann so to do, cease to use and forthwith remove subscriber equipment which has been connected in contravention of this Article and, in the event of failure to do so, Bord Telecom Éireann may remove such subscriber equipment or cause it to be removed.

(8) For the purpose of this Article and Article 38, a telecommunications line or fixtures and accessories or subscriber equipment shall be regarded as connected to another telecommunications line or fixtures and accessories where any such first-mentioned telecommunications line or fixtures and accessories or subscriber equipment and any such second-mentioned telecommunications line or fixtures and accessories are continuously or intermittently:

( a ) attached or connected together directly or indirectly by whatever means; or,

( b ) placed or used together in electrical, telegraphic or acoustic coupling or connection; or,

( c ) placed or used together in such a way or position that one is capable of transmitting or receiving or otherwise communicating to or from the other.

42 Injury or interference by lighting, plant and equipment.

42. If a subscriber fails to give forthwith any undertaking required by Bord Telecom Éireann to pay the certified cost of alterations to any telecommunications line considered by Bord Telecom Éireann to be necessary to prevent injury to it or interference with it by electric lighting, plant or equipment used or to be used by or erected by or on behalf of him or another person, Bord Telecom Éireann may by notice in writing terminate all or any agreements with such subscriber as and from the date of the notice and he shall not be entitled to any payment of compensation from Bord Telecom Éireann except the return of so much of the subscription as has been paid in a period in advance of the date of such termination and the balance of any sum paid to Bord Telecom Éireann as security for or advance payment in respect of charges in respect of telecommunications services less the value of any subscription, fees, charges, expenses or damage or other sums due by him to Bord Telecom Éireann pursuant to an agreement, the Acts, this Scheme or otherwise.

43 Consequences of termination.

43. On the termination of an agreement a subscriber shall surrender to Bord Telecom Éireann the telecommunications line and all fixtures and accessories to which the agreement relates in as good a condition as when received, ordinary wear and tear only excepted. Bord Telecom Éireann may remove the telecommunications line and all fixtures and accessories and, for that purpose, its employees and agents shall have access at all reasonable times to the subscriber's premises and to all other premises under his control and to all other places or premises necessary for that purpose. The subscriber shall not be entitled to compensation except, subject to the agreement, a return of so much of the subscription as has been paid for a period in advance of the date of termination and the balance of any sum paid to Bord Telecom Éireann in security or advance payment in respect of such service less the value of any fees, charges, expenses or damages due to Bord Telecom Éireann under the agreement, the Acts or this Scheme or otherwise. In the event that Bord Telecom Éireann does not remove such telecommunications line and all fixtures and accessories or part thereof the subscriber shall discharge to Bord Telecom Éireann on demand a sum which in the opinion of Bord Telecom Éireann represents the monetary value of any unremoved telecommunications line or fixtures and accessories.

Chapter 6 — Transfer.

44 Old subscriber.

44. Where a subscriber terminates an agreement in respect of a telecommunications service and does not continue to take such telecommunications service under a new agreement he may, with the consent of Bord Telecom Éireann, transfer the telecommunications line and the fixtures and accessories formerly rented by him to another occupier of the place or premises to which the telecommunications line and fixtures and accessories are connected or of any other place or premises to which Bord Telecom Éireann is willing to provide service. If the unexpired term of the subscriber's former agreement exceeds one month he may be allowed a rebate of subscription due under the terms of his agreement in respect of the unexpired term in excess of one month. No rebate shall be allowed in respect of any period prior to the date on which the new subscriber accepts liability for the subscription, fees, charges, expenses or damages in respect of telecommunications service provided or to be provided to the new subscriber on the telecommunications line and the fixtures and accessories so transferred.

45 New subscriber.

45. Where a transfer in accordance with Article 44 of this Scheme occurs, the subscription in respect of the new subscriber may be for such minimum period and on such terms as Bord Telecom Éireann shall determine and shall be due as and from the date the new subscriber accepts liability for the subscription, fees, charges, expenses or damages in respect of the telecommunications service provided or to be provided on the telecommunications line and fixtures and accessories so transferred. Subject to the aforesaid, the subscription shall be payable in accordance with this Scheme.

Chapter 7 — General.

46 Records and documents.

46. (1) The records and documents (including information in any form) of Bord Telecom Éireann may be created, recorded, stored, maintained, transmitted, reproduced and communicated by any electronic, photographic, computerised or other process.

(2) Where in pursuance of paragraph (1) of this Article such records or documents are created, recorded, stored, maintained, transmitted, reproduced or communicated by any electronic, photographic, computerised or other process, a document or record produced by any such process shall be admissible in evidence in any Court, tribunal or other forum.

47 Notices and accounts.

47. (1) Any notice which may be given by Bord Telecom Éireann under an agreement, the Acts or this Scheme shall (without limiting the manner in which Bord Telecom Éireann may give such notice) be deemed to have been duly given to any person or persons generally, as the case may be:

( a ) if the notice is left at the person's premises or is sent to him by ordinary post at the address specified as his in the agreement or any other address notified by or agreed with the subscriber or any other address deemed by Bord Telecom Éireann to be reasonable in the circumstances; or

( b ) the notice is addressed to persons generally by publication in such number of national daily newspapers published in the State as Bord Telecom Éireann shall determine.

(2) Any account which may be rendered by Bord Telecom Éireann under any agreement, the Acts or this Scheme shall (without limiting the manner in which Bord Telecom Éireann may render such account) be deemed to have been duly rendered to a subscriber if a copy of the account is left at the subscriber's premises or is sent to him by ordinary post at the address specified as his in the agreement or at any other address notified by or agreed with the subscriber or at any other address deemed by Bord Telecom Éireann to be reasonable in the circumstances.

(3) A notice or account addressed to any person may be incorporated in or associated with any other communication from Bord Telecom Éireann.

(4) Any notice or account sent to any person by ordinary post shall be deemed to have been received by him on the day that is the second postal day after the day of such posting.

48 Identification.

48. An employee or agent of Bord Telecom Éireann, before exercising any power or duty conferred or imposed by the Acts or by this Scheme, and where the exercise of such power or duty makes it necessary or desirable that he should present himself in person to a person affected by such exercise, shall, if requested by such person, produce a document of identity to such person.

49 Measurement of distance.

49. (1) The distance between two points, for the purpose of computing a charge for the use of a telecommunications service, shall, at the absolute discretion of Bord Telecom Éireann, be measured either in a straight line in a horizontal plane or in accordance with the route taken or to be taken between the two points by the telecommunications line used or to be used or any combination of the foregoing.

(2) Every doubt, question or dispute which arises under this Article in respect of distances or other matters shall be determined by Bord Telecom Éireann,

50 Measurement of time.

50. 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 Bord Telecom Éireann.

51 Absence of proprietary interest.

51. (1) The subscriber shall have no proprietary interest in any telephone number, Freephone 1800 number, 1850 number, Freephone name, terminating number, Eircell number, telex number, telex answer back code, Network User Identity, Network User Address or any other name, code or number whatsoever allocated by Bord Telecom Éireann from time to time to a subscriber for use in connection with any telecommunications service.

(2) Bord Telecom Éireann reserves the right at its absolute discretion:

( a ) at any time, to alter or replace the exchange serving a subscriber, or to alter the subscriber's telephone number, Freephone name, Freephone 1800 number, 1850 number, terminating number, Eircell number, telex number, telex answer back code, Network User Identity, Network User Address or any other name, code or number whatsoever allocated by Bord Telecom Éireann from time to time to a subscriber for use in connection with any telecommunications service;

( b ) in the event of war or the proclamation of an emergency, to cease summarily to provide telecommunications services to a subscriber or to subscribers generally;

( c ) without prejudice to any other provision of this Scheme, to give such instructions concerning the use of telecommunications services, telecommunications lines and fixtures and accessories as Bord Telecom Éireann decides from time to time in the interests of safety, of the quality of service, of other subscribers, or of telecommunications services as a whole or for any other reason which Bord Telecom Éireann deems sufficient and any such instructions while they are in force shall be deemed to form part of this Scheme.

(3) Should a subscriber request a change in or replacement of the telephone number, Freephone 1800 number, 1850 number, Freephone name, terminating number, Eircell number, telex number, telex answer back code, Network User Identity, Network User Address or any other name, code or number whatsoever allocated by Bord Telecom Éireann, Bord Telecom Éireann may, at its absolute discretion, change or alter such name, code or number. There shall be charged to the subscriber and paid by such subscriber in respect of such change or alteration the charge specified in the appropriate Schedule to this Scheme.

52 Force Majeure.

52. Without prejudice to the generality of Section 88 (1) ofthe Postal and Telecommunications Services Act, 1983 , Bord Telecom Éireann shall not be liable for any failure on the part of Bord Telecom Éireann to perform any obligation under an agreement or this Scheme or for any failure, interruption or delay in providing or maintaining a telecommunications service or for any injury, loss or damage suffered as a result of:

( a ) acts of God, lightning, electric voltages and currents impressed on a telecommunications line or fixtures and accessories or subscriber equipment by lightning or otherwise, fires, floods, storms or other catastrophes; or

( b ) government control, restrictions or prohibitions; or

( c ) any other act or omission of any public authority (including Government) whether local, national, international or supranational; or

( d ) the act or default of any supplier, agent or other person; or

( e ) strikes, trade disputes, work stoppages or labour disputes or difficulties (whether or not within Bord Telecom Éireann); or

(f) any other cause whatsoever (whether or not SUI GENERIS) where such other cause is beyond the reasonable control of Bord Telecom Éireann.

53 Exclusion of liability.

53. (1) Without prejudice to the generality of Section 88 (1) of the Postal and Telecommunications Services Act, 1983 , Bord Telecom Éireann shall not be liable for:

( a ) libel, slander or infringement of copyright or trade secrets arising from or in connection with the transmission of messages by means of telecommunications services provided by Bord Telecom Éireann;

( b ) infringement of patents or trade secrets arising from the combination or use of a telecommunications service provided by Bord Telecom Éireann with facilities, apparatus, equipment or services of a subscriber or any other person;

( c ) any claim arising out of any act or omission of a subscriber, his servants or agents;

( d ) unlawful or unauthorised use of telecommunications services or telecommunications lines or fixtures and accessories of Bord Telecom Éireann;

( e ) any claim arising out of a breach in the privacy or security of messages transmitted by means of a telecommunications service provided by Bord Telecom Éireann unless such breach results from a wilful act or omission of Bord Telecom Éireann its employees or agents;

( f ) any claim arising in relation to the provision, maintenance or use of telecommunications lines, channels, equipment, networks or services other than those of Bord Telecom Éireann;

( g ) any claim arising in relation to the non-availability or non-performance of a space satellite system or submarine or terrestrial cable and any related facilities used for the provision of a telecommunications service;

( h ) any claim arising out of any alteration, replacement or modification of telecommunications lines, channels, equipment, networks or services that renders any subscriber equipment obsolete or which necessitates modification or alteration of such equipment or otherwise affects the use or performance of such equipment; and

( i ) any claim arising out of or resulting from the quality of, fitness for purpose of, compliance with description of, or compliance with sample of goods supplied by letting to a subscriber or other person by Bord Telecom Éireann under an agreement, this Scheme or otherwise unless the subscriber "deals as a consumer" (within the meaning of the Sale of Goods and Supply of Services Act, 1980 ).

(2) If any claim is made or threatened (whether by legal proceedings or otherwise) against Bord Telecom Éireann on the ground that publication by or on behalf of Bord Telecom Éireann of a directory containing a directory entry based on information furnished by or otherwise requested by a subscriber, infringes the legal rights of the claimant, the subscriber shall indemnify Bord Telecom Éireann in respect of all loss and injury and all costs, fees and expenses incurred by it in respect thereof including any damages and costs awarded by any Court and any loss or injury suffered by compliance with any injunction.

(3) Where a telecommunications service between a point in the State and a point outside the State on or making use of a space satellite system, submarine or terrestrial cable system, or any other system or any combination of such systems is provided or agreed to be provided by Bord Telecom Éireann in conjunction with other telecommunications service providers, companies, undertakings or administrations or in conjunction with the owners or operators of such space satellite system, submarine or terrestrial cable system or other system, then such telecommunications service providers, companies, undertakings and administrations and such owners and operators of such space satellite systems, submarine and terrestrial cable systems and other systems shall, where they have reached agreement to that effect with Bord Telecom Éireann and without prejudice to any other contractual or legal rights enjoyed by them, be immune from all liability in respect of any loss or damage suffered by a subscriber or other person in the use of such telecommunications service by reason of failure or delay in providing, operating or maintaining such a service or failure, interruption, suspension or restriction of such a service.

PART III Telephone Service

Chapter 1 — General.

54 Scope.

54. The Articles in this Part of this Scheme apply to telephone service only but are in addition to the Articles contained in Part II of this Scheme.

55 Charges for installation removal and rental.

55. A telephone subscriber shall pay on demand to Bord Telecom Éireann for the installation, removal and rental of telephone exchange lines and fixtures and accessories specified in Part 1 of the First Schedule to this Scheme the charges specified in the said Part of the said Schedule opposite the mention of such telephone exchange lines and fixtures and accessories.

56 Telephone groups.

56. (1) Bord Telecom Éireann shall classify telephone exchanges into groups (in this Scheme referred to as "telephone groups") and shall determine in relation to each telephone group:

( a ) what telephone groups, if any, are to be regarded as adjacent to it; and

( b ) the point (in this Scheme referred to as the "group centre") which is to be used for measuring distances for the purpose of charging for telephone calls.

(2) Bord Telecom Éireann shall supply to a telephone subscriber, on demand, a list of the telephone exchanges which are for the time being either in the same telephone group as the telephone exchange with which the subscriber's telephone exchange line is connected or in the telephone groups which are regarded by Bord Telecom Éireann as being adjacent to that telephone group.

57 Local calls.

57. (1) In respect of every telephone call made from a telephone exchange line to:

( a ) a telephone exchange line in the same telephone group; or,

( b ) a telephone exchange line in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the telephone subscriber making the call; or,

( c ) Eirpage equipment,

there shall be charged to the telephone subscriber and paid by him whichever of the charges specified in paragraphs 1 and 3 of Part 2 of the First Schedule to this Scheme is appropriate to such telephone call.

(2) In respect of every telephone call made from a public telephone to:

(i) a telephone exchange line in the same telephone group; or,

(ii) a telephone exchange line in another telephone group which is regarded by Bord Telecom Éireann as being adjacent to the telephone group of the public telephone from which the telephone call is made; or,

(iii) Eirpage equipment,

there shall be charged to the caller and placed in the coinbox or credited to Bord Telecom Éireann in such manner as it may from time to time prescribe whichever of the charges specified in paragraphs 2 or 4 of Part 2 of the First Schedule to this Scheme is appropriate to such telephone call.

58 Subscriber dialled trunk calls.

58. (1) In respect of every subscriber dialled trunk call made from a telephone exchange line there shall be charged to the telephone subscriber and paid by him a charge calculated in accordance with Part 3 of the First Schedule to this Scheme.

(2) In respect of every subscriber dialled trunk call made from a public telephone there shall be charged or placed in the public telephone or otherwise credited to Bord Telecom Éireann in such manner as it may from time to time prescribe (as appropriate) a sum calculated in accordance with Part 3 of the First Schedule to the Scheme.

(3) In respect of every subscriber dialled trunk call made from a Card phone public telephone, there shall be charged to the telephone subscriber and paid by him a charge calculated in accordance with Part 3 of the First Schedule to this Scheme.

(4) In respect of any subscriber dialled call (including a subscriber dialled trunk call) made from a telephone exchange line rented by a telephone subscriber or made from a public telephone to Eircell equipment there shall be charged to the subscriber and paid by him the appropriate charges stated in Part 3 of the First Schedule to this Scheme.

59 Other trunk calls.

59. (1) In respect of every trunk call (excluding subscriber dialled trunk calls) made from a telephone exchange line there shall be charged to the subscriber and paid by him the charge stated in Part 4 of the First Schedule to this Scheme.

(2) In respect of every trunk call (excluding subscriber dialled trunk calls) which is made by a caller from a public telephone (other than a Cardphone public telephone) there shall be placed or credited in the public telephone the appropriate charge stated in Part 5 of the First Schedule to this Scheme.

(3) In respect of every call (excluding subscriber dialled calls) made from a telephone exchange line rented by a telephone subscriber or made from a public telephone to Eircell equipment there shall be charged to the subscriber or caller and paid by him the appropriate charge stated in Part 4 and Part 5 of the First Schedule to this Scheme.

Chapter 2 — Special Telephone Services.

60 Personal calls.

60. (1) There shall be charged and paid for a personal call the personal charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(2) Where a personal call is cancelled by the caller or telephone subscriber before it is connected or where a personal call is cancelled because a designated person is not available or neither the designated person nor a substitute for him is available the charge referred to in Section II of Part 6 of the First Schedule to this Scheme shall be charged and paid notwithstanding such cancellation.

61 Alarm clock calls.

61. There shall be charged and paid in respect of the alarm clock call service the appropriate charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

62 Telephone information service calls.

62. There shall be charged to and paid for a call to a telephone information service the appropriate charge specified in Section II of Part 6 of the First Schedule to this Scheme.

63 Call diversion, call waiting, conference calls, abbreviated calling hotline service, direct dialling inwards, directory enquiry service, call barring Ireland direct, third country calling international virtual private network, switched digital international, integrated services digital network.

63. (1) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Call Diversion") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may cause telephone calls to his telephone to be diverted to another telephone in the telephone group of the telephone subscriber or to a telephone in another telephone group which is regarded to Bord Telecom Éireann as being adjacent to the telephone group of the telephone subscriber or to such other categories of telephone as Bord Telecom Éireann may prescribe from time to time. There shall be charged to the telephone subscriber and paid by him in respect of Call Diversion the charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(2) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Call Waiting") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone call may be interrupted by a message signifying that another telephone call is waiting for the telephone subscriber. There shall be charged to the telephone subscriber and paid by him in respect of Call Waiting the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(3) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Conference Calls") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby two or more telephone subscribers or callers using separate telephones may participate in a telephone call made by the telephone subscriber. There shall be charged to the telephone subscriber and paid by him in respect of Conference Calls the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(4) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Abbreviated Calling") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make telephone calls to certain telephones determined by the telephone subscriber through the use of abbreviated dialling. There shall be charged to the subscriber and paid by him in respect of abbreviated calling the charge specified in section 1 of part 6 of the first schedule to this Scheme.

(5) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Hotline Service") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make telephone calls to certain telephones predetermined by the telephone subscriber by lifting the handset and not dialling a number within a time determined by Bord Telecom Éireann. There shall be charged to the subscriber and paid by him in respect of Hotline Service the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(6) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Direct Dialling Inwards") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may receive telephone calls directly at internal extensions and in which the connection of calls to such internal extensions is effected by automatic switching. There shall be charged to the telephone subscriber and paid by him in respect of the Direct Dialling Inwards facility the appropriate charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(7) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Directory Enquiry Service") to telephone subscribers and callers generally or to such groups of telephone subscribers and callers as it shall determine, whereby a telephone subscriber or caller may be advised of the telephone numbers of persons identified by him. There shall be charged to the telephone subscriber or caller and paid by him in respect of the Directory Enquiry Service the appropriate charges specified in Section 2 of Part 6 of the First Schedule to this Scheme.

(8) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Call Barring") to telephone subscribers generally, or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may require it to limit the types of call which may be made on the subscribers exchange line. There shall be charged to the subscriber and paid by him in respect of Call Barring the charges specified in Section 1 of Part 6 of the First Schedule to this Scheme.

(9) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Ireland Direct facility") whereby a telephone subscriber outside the State, in a state or territory in which the Ireland Direct facility is available, may, by dialling an appropriate Freephone number, make a reverse charge call, a Telecard call or a Chargecard call to the State. There shall be charged to the telephone subscriber and paid by him in respect of the Ireland Direct facility the charge specified in Section I of Part 6 of the First Schedule to this Scheme.

(10) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Third Country Calling facility") whereby a Chargecard bearer, outside the State, in a state or territory in which the Third Country Calling facility is available, may, by dialling an appropriate Freephone number, make a Chargecard call to a state or territory other than the State. There shall be charged to the Chargecard subscriber and paid by him in respect of the Third Country calling facility the charges specified in Section VI of Part 6 of the First Schedule to this Scheme.

(11) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "International Virtual Private Network" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make international telephone calls to predetermined telephones ["ON-NET calls") or to other telephones ["OFF-NET calls"). There shall be charged to the telephone subscriber and paid by him in respect of the International Virtual Private Network facility the charges specified in Section IV of Part 6 of the First Schedule to this Scheme.

(12) Bord Telecom Éireann may provide a facility (in this Scheme referred to as "Switched Digital International" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make international telephone calls over end to end digital (64kbit per second) transmission paths. There shall be charged to the telephone subscriber and paid by him in respect of the Switched Digital International facility the charges specified in Section V of Part 6 of the First Schedule to this Scheme.

(13) Bord Telecom Éireann may provide a facility (in this Scheme referred to as the "Integrated Services Digital Network" facility) to telephone subscribers generally or to such groups of telephone subscribers as it shall determine, whereby a telephone subscriber may make telephone calls over switched end to end digital transmission paths. There shall be charged to the subscriber and paid by him in respect of the Integrated Services Digital Network facility the appropriate charge specified in Section VIII of Part 6 of the First Schedule to this Scheme.

64 Particulars of duration and charge.

64. Bord Telecom Éireann may supply particulars of the duration of or charge for a completed call (excluding a subscriber dialled call) or of both such duration or charge at the request of a subscriber and there shall be charged to the subscriber and paid by him in respect of each call of which such particulars are supplied the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme which is appropriate to the call.

65 Reverse charge calls.

65. (1) A reverse charge call shall not be made to a public telephone or to a Private Payphone.

(2) In any case where a reverse charge call is made to a telephone in the State (which for the avoidance of doubt is hereby deemed to include a Private Payphone) there shall be charged to and payable by the telephone subscriber who is the telephone subscriber in respect of the called telephone, the charge specified in Section 1 of Part 6 of the First Schedule to this Scheme which is appropriate to the call (save any personal charge).

(3) If, notwithstanding paragraph (1) of this Article, a reverse charge call is made to a public telephone or to a Private Payphone, Bord Telecom Éireann may at its discretion, and notwithstanding anything contained in paragraph (2) of this Article, direct that such sums as are chargeable and payable in respect of the said call shall be chargeable and payable by the subscriber who is the subscriber in respect of the calling telephone and in case Bord Telecom Éireann so directs the aforesaid sums shall be so chargeable and payable.

(4) A person making a telephone call from a Private Payphone or from a public telephone, or the person answering on the called telephone may, before the termination of the telephone call, request of the telephone exchange operator that the duration of the telephone call be extended for a further period beyond the period in respect of which payment was made or in respect of which Bord Telecom Éireann was credited in such manner as it may prescribe from time to time and that the charges payable in respect of the further period shall be charged to and payable by the person who is the telephone subscriber in respect of the called telephone and when such a request is made and provided that the person answering on the called telephone consents to the request when it is made by the person making the telephone call the call may be so extended as if it were newly established reverse charge call and paragraph (2) of this Article shall apply thereto from the time of its extension.

(5) In case a reverse charge call is made from a telephone in the State, subject to paragraph (3) of this Article, no charge or charges in respect of the call (save any personal charge) shall be payable by the telephone subscriber in respect of that telephone save as provided for in paragraphs (2), (3) and (4) of this Article.

(6) In relation to any reverse charge call, consent to the establishment of such a call shall be deemed to have been given by the subscriber in respect of the called telephone upon the acceptance of such call by any person answering on the called telephone (whether or not such person is duly authorised by the subscriber to accept such a call).

66 Freefone 1800 service and 1850 service.

66. (1) Bord Telecom Éireann may provide facilities for a telephone subscriber to receive Freefone 1800 calls following completion by such telephone subscriber of an agreement for Frefone 1800 service. There shall be charged to and paid by the telephone subscriber to whom the Freephone 1800 service is provided the applicable charges set forth in Section III of Part 6 of the First Schedule to this Scheme.

(2) Bord Telecom Éireann may provide facilities for a telephone subscriber to receive 1850 calls following completion by such telephone subscriber of an agreement for 1850 service. In respect of 1850 calls, there shall be charged to and payable by the caller or the subscriber (as appropriate) in respect of the calling telephone whichever of the charges specified in Section III of Part 6 of the First Schedule to this Scheme as is appropriate to such 1850 call. There shall be charged to and paid by the telephone subscriber to whom the 1850 service is provided the applicable charges set forth in Section III of Part 6 of the First Schedule to this Scheme.

67 Telephone directories.

67. A telephone subscriber may be given one free entry in and one free copy of any telephone directory published by or on behalf of Bord Telecom Éireann and relating to the area in which the telephone subscriber's premises is situated and the entry may be made in such terms, manner and order as Bord Telecom Éireann thinks fit. Subject as aforesaid there shall be charged to the telephone subscriber in respect of an entry in a telephone directory published by or on behalf of Bord Telecom Éireann the charges specified in Part 8 of the First Schedule to this Scheme. Bord Telecom Éireann may, irrespective of any cost to the subscriber, stipulate in relation to any telephone subscriber any reasonable requirements in relation to the contents or form of any directory entry relating to such subscriber.

Chapter 3 — Telecards.

68 Issue of telecards.

68. (1) Bord Telecom Éireann may issue one or more telecards to a telephone subscriber.

(2) A Telecard shall entitle the Telecard bearer to make Telecard calls.

(3) A Telecard call shall be charged to and payable by a Telecard subscriber at the appropriate rate specified in Part 4 of the First Schedule to this Scheme.

69 Loss or unauthorised taking.

69. In the event of the loss or unauthorised taking of the Telecard or the unauthorised ascertainment by any person of the Telecard serial number, the Telecard subscriber shall without delay notify Bord Telecom Éireann verbally and in writing of such loss or taking.

70 Expiry of telecards.

70. Subject to this Scheme, a Telecard issued by Bord Telecom Éireann pursuant to Article 68 shall expire on the earlier of the following days, that is to say:

( a ) 31 December next following the date of issue or such other day as may be prescribed by Bord Telecom Éireann from time to time; or,

( b ) the 28th day following the date of receipt by Bord Telecom Éireann of written notification pursuant to Article 69 of this Scheme.

71 Waiver of charges.

71. Bord Telecom Éireann shall be entitled at its absolute discretion to waive either or both of the charges specified in Article 68 of this Scheme for such period as it shall think fit.

72 Termination of facility.

72. (1) Without prejudice to any other remedy available to it, Bord Telecom Éireann shall be entitled to terminate the Telecard facility on the ground that it considers that the Telecard subscriber is in breach of this Scheme or for any other ground which in the opinion of Bord Telecom Éireann warrant such termination.

(2) Immediately on termination of the Telecard facility pursuant to paragraph (1) of this Article, all Telecards issued to such telecard subscriber shall thereupon cease to be valid.

(3) Notwithstanding paragraph (2) of this Article, Telecard calls made during a period of 28 days next following the date of termination in accordance with paragraph (1), shall continue to be charged to and payable by such subscriber at the standard rate charge per call together with the appropriate Telecard call charge premium.

73 Further telecards.

73. Bord Telecom Éireann shall be entitled to issue and charge for, in accordance with Article 68, a further Telecard to a Telecard subscriber on the expiry in accordance with Article 70 of an existing Telecard issued to such Telecard subscriber unless the Telecard subscriber should give 28 days prior notice to Bord Telecom Éireann of his intention not to renew such Telecard issued to him.

74 Consequences of invalidity.

74. (1) Neither a Telecard subscriber nor a Telecard bearer shall make or attempt to make a Telecard call after a Telecard has ceased to be valid.

(2) After a Telecard has ceased to be valid the Telecard subscriber shall take all practicable steps to:

( a ) ensure that Telecard bearers comply with paragraph (1); and

( b ) recover from any Telecard bearer any Telecards issued to such Telecard subscriber by Bord Telecom Éireann.

(3) After a Telecard has ceased to be valid in accordance with this Scheme the Telecard subscriber shall return it to Bord Telecom Éireann as soon as practicable.

Chapter 4 — - Eircell Service.

75 Scope.

75. This Chapter shall apply to the Eircell Analogue Service and the Eircell GSM Service, in addition to the Wireless Telegraphy Acts, 1926 to 1988 and any measures replacing or amending them.

76 Agreements.

76. Where an agreement for Eircell Service is concluded by Bord Telecom Éireann such agreement shall at all times be subject to the terms and conditions of any statute, regulation, licence, consent or requirement to obtain any licence or consent for the time being applicable to Bord Telecom Éireann or to the Eircell subscribers.

77 Purchase or leasing of equuipment.

77. (1) Bord Telecom Éireann shall issue to and license each Eircell GSM subscriber to use an Eircell SIM card or cards on the following conditions:

( a ) Eircell SIM cards shall remain the property of Bord Telecom Éireann and shall be returned to Bord Telecom Éireann upon request;

( b ) Eircell SIM cards may be retained or cancelled at any time by Bord Telecom Éireann; and

( c ) the Eircell GSM subscriber must take all reasonable care and precaution in the custody of an Eircell SIM card or cards issued to him by Bord Telecom Éireann so that such card or cards is or are not lost, mislaid or stolen.

(2) Bord Telecom Éireann shall be entitled to charge to the account of an Eircell GSM subscriber to whom an Eircell SIM card was issued by Bord Telecom Éireann, the amount payable in respect of all calls made or in respect of chargeable calls received and services and facilities obtained using the Eircell SIM card, whether or not such use was authorised by the Eircell GSM subscriber.

(3) Any amount charged to an Eircell GSM subscriber in respect of the use of an Eircell SIM card outside the State may be converted into Irish pounds at the prevailing rate of exchange operating on the date such amount is debited to the account of the Eircell GSM subscriber or at such other rate as may seem to Bord Telecom Éireann to be appropriate.

(4) Bord Telecom Éireann shall not be liable for any loss or damage resulting from loss, theft, failure or malfunction of an Eircell SIM Card.

78 Provision of service.

78. Bord Telecom Éireann shall provide to Eircell subscribers the Eircell Service in accordance with the terms of the Agreement and of this Scheme.

79 Charges.

79. (1) An Eircell subscriber shall pay to Bord Telecom Éireann in respect of any call originating in Eircell Analogue equipment or Eircell GSM equipment, a charge calculated in accordance with Part 7 of the First Schedule to this Scheme.

(2) An Eircell GSM subscriber shall pay to Bord Telecom Éireann in respect of any call received by use of Eircell GSM equipment, charges calculated in accordance with Part 7 of the First Schedule to this Scheme.

(3) An Eircell subscriber shall pay, in advance, in respect of subscription for Eircell Service, the appropriate sum set forth in Part 7 of the First Schedule to this Scheme as demanded in accounts issued from time to time by Bord Telecom Éireann.

(4) An Eircell Subscriber shall pay, on demand, to Bord Telecom Éireann in respect of connection to the Eircell Service, the appropriate connection charge set out in Part 7 of the First Schedule to this Scheme.

(5) An Eircell subscriber shall pay, on demand, to Bord Telecom Éireann in respect of other services and facilities ancillary to Eircell Service, the appropriate charges set out in Part 7 of the First Schedule to this Scheme.

80 Infringement.

80. An Eircell subscriber who fails to comply with any provisions of this Scheme or of any of the enactments, licences, consents or requirements specified in Article 76 hereof shall continue to be liable for any subscription, fee, charge, expense or damages already due or which would have become due in respect of the service to which the agreement applied.

Chapter 5 — - Chargecards.

81 Issue of chargecards.

81. (1) Bord Telecom Éireann may issue one or more Chargecards to a telephone subscriber following application by the telephone subscriber.

(2) A Chargecard shall entitle the Chargecard bearer to make Chargecard calls.

(3) A Chargecard call shall be charged to and payable by a Chargecard subscriber at the charge rate per call together with the Chargecard call premium specified in Section VI of Part 6 of the First Schedule to this Scheme.

82 Loss or unauthorised taking.

82. In the event of the loss or unauthorised taking of the Chargecard or the unauthorised ascertainment by any person of the Chargecard serial number, the Chargecard subscriber shall, without delay, notify Bord Telecom Éireann verbally and in writing of such loss, taking or ascertainment.

83 Expiry of chargecards.

83. Subject to this Scheme, a Chargecard issued by Bord Telecom Éireann pursuant to Article 81 shall expire on the 28th day following the date of receipt by Bord Telecom Éireann of written notification pursuant to Article 82 of this Scheme.

84 Waiver of charges.

84. Bord Telecom Éireann shall be entitled, at its absolute discretion, to waive the charges specified in Article 81 of this Scheme for such period as it shall think fit.

85 Termination of facility.

85. (1) Without prejudice to any other remedy available to it, Bord Telecom Éireann shall be entitled to terminate the Chargecard facility on the ground that it considers that the Chargecard subscriber is in breach of this Scheme or for any other ground which in the opinion of Bord Telecom Éireann warrants such termination.

(2) Immediately on termination of the Chargecard facility pursuant to paragraph (1) of this Article, all Chargecards issued to such Chargecard subscriber shall thereupon cease to be valid.

(3) Notwithstanding paragraph (2) of this Article, Chargecard calls made during a period of 28 days next following the date of termination in accordance with paragraph (1), shall continue to be charged to and payable by such subscriber at the standard rate charge per call together with the appropriate Chargecard call charge premium.

86 Further chargecards.

86. Bord Telecom Éireann shall be entitled to issue and charge for, in accordance with Article 81, a further Chargecard to a Chargecard subscriber on the expiry in accordance with Article 83 of an existing Chargecard issued to such Chargecard subscriber unless the Chargecard subscriber should give 28 days prior notice to Bord Telecom Éireann of his intention not to renew such Chargecard issued to him.

87 Consequences of invalidity.

87. (1) Neither a Chargecard subscriber nor a Chargecard bearer shall make or attempt to make a Chargecard call after a Chargecard has ceased to be valid.

(2) After a Chargecard has ceased to be valid the Chargecard subscriber shall take all practicable steps to:

( a ) ensure that Chargecard bearers comply with paragraph (1); and

( b ) recover from any Chargecard bearer any Chargecard issued to such Chargecard subscriber by Bord Telecom Éireann.

(3) After a Chargecard has ceased to be valid in accordance with this Scheme, the Chargecard subscriber shall return it to Bord Telecom Éireann as soon as practicable.

PART IV Leased Lines

88 Scope.

88. The Articles in this Part of this Scheme apply to leasedlines only but are in addition to the Articles contained in Part II of this Scheme.

89 Charges.

89. A leased line subscriber shall pay on demand to Bord Telecom Éireann the appropriate charges specified in the Second Schedule to this Scheme.

90 International Circuits.

90. Provision, maintenance and use of a leased line between a point in the State and a point outside the State, in so far as it involves the provision, maintenance, or use of telecommunications lines, channels, equipment, networks or services other than those of or provided by Bord Telecom Éireann, shall be in accordance with and subject to arrangements made or to be made by Bord Telecom Éireann or the applicant for a leased line or the leased line subscriber (as appropriate) with other companies, undertakers or administrations. Leased line subscribers shall comply in full with such arrangements.

91 Alteration.

91. Bord Telecom Éireann reserves the right at its absolute discretion to alter, replace or modify all or any leased lines and in particular, but without prejudice to the generality of the foregoing, it reserves the right to substitute whether temporarily or permanently:

( a ) a leased line using a space satellite system for a leased line using a submarine cable system, terrestrial cable system or a terrestrial radio system; and

( b ) a leased line using a terrestrial or submarine cable system for a leased line using a space satellite system or terrestrial radio system;

( c ) a leased line using a terrestrial radio system for a leased line using a submarine cable system, terrestrial cable system nor space satellite system.

PART V Telex Service

92 Scope.

92. The Articles in this Part of this Scheme apply to telex service only but are in addition to the Articles contained in Part II of this Scheme.

93 Connection and equipment charges.

93. A telex subscriber shall pay on demand to Bord Telecom Éireann for the connection and use of a telex line and fixtures and accessories supplied by Bord Telecom Éireann the connection fee and the subscription specified in the Third Schedule to this Scheme as appropriate to the line or the fixtures and accessories so supplied.

94 Call charges.

94. (1) Subject to the provisions of this Scheme, the charge for each automatic telex call and for each telex call other than an automatic telex call made by a telex subscriber shall be the appropriate sum specified in the Third Schedule to this Scheme according to the description and duration of the call.

(2) In addition to the sums chargeable under paragraph (1) of this Article, there shall be charged and paid in respect of every telex call made by a caller from a telex booth, the telex booth charge specified in the Third Schedule to this Scheme.

(3) For the purposes of this Scheme, the duration of a telex call shall be calculated from the time of the first receipt of the telex answerback code of the called subscriber to the time when the means of communication terminates without regard to the length of time during which messages are being sent.

95 Directory.

95. A telex subscriber may be given one free entry in and one free copy of any telex directory published by or on behalf of Bord Telecom Éireann and the entry may be made in such terms, manner and order as Bord Telecom Éireann thinks fit. Subject as aforesaid, there shall be charged to the telex subscriber in respect of an entry in a telex directory published by or on behalf of Bord Telecom Éireann the charges specified in the Third Schedule to this Scheme. Bord Telecom Éireann may, irrespective of any cost to the subscriber, stipulate in relation to any telex subscriber any reasonable requirements in relation to the contents or form of any directory entry relating to such subscriber.

96 Teleprinters.

96. (1) The paper and ribbons used in any teleprinter comprised in a telex installation or subscriber equuipment shall be of a quality kind and size for the time being approved by Bord Telecom Éireann.

(2) Except during such periods as Bord Telecom Éireann may otherwise permit, a telex subscriber shall at all times keep properly adjusted in any teleprinter comprised in a telex installation or sending or receiving apparatus or subscriber equipment an adequate supply of paper and ribbon in good condition or other means of message reception or storage, electronic or otherwise.

97 Electricity.

97. (1) Unless otherwise directed by Bord Telecom Éireann, a telex subscriber shall provide at his own expense in all respects a continuous supply of electricity as required by Bord Telecom Éireann for the installing and operation of the telex installation or any part thereof or sending and receiving apparatus or subscriber equipment. Such electricity shall be supplied at such point or points and by means of such wires fitted with such sockets or other means of connection and provided with such connection to earth and with such fusible cutouts and other protective devices as Bord Telecom Éireann may from to time require.

(2) A telex subscriber shall pay the certified costs incurred by Bord Telecom Éireann of making such alterations to the telex installation or sending and receiving apparatus or subscriber equipment as it considers necessary to conform to any change made other than by Bord Telecom Éireann in the method of supplying the electricity to the said telex installation, apparatus or equipment or in the kind of electric current used.

(3) A telex subscriber shall at all times leave the electricity supply provided pursuant to paragraph (1) of this Article continuously connected to the telex installation or sending or receiving apparatus or subscriber equipment unless Bord Telecom Éireann otherwise permits.

98 Pactex.

98. At the request of a telex subscriber Bord Telecom Éireann may provide Pactex to the telex subscriber. There shall be charged to the telex subscriber and paid by him in respect of Pactex the appropriate charges specified in the Third Schedule to this Scheme.

PART VI Eirpac Service

99 Scope.

99. The Articles in this Part of the Scheme apply to Eirpac service only but are in addition to the Articles contained in Part II of this Scheme.

100 Contact points and consents.

100. (1) An Eirpac subscriber shall nominate an individual to provide a point of contact with Bord Telecom Éireann.

(2) An Eirpac subscriber shall be responsible for obtaining at his own expense all necessary consents from the owners or operators of computers, terminals or databases with which he wishes to communicate. Provision of service to an Eirpac subscriber does not give the Eirpac subscriber or any other person access by right to any computer, terminal or database to which access is available.

101 Charges for other services.

101. The charges fixed for Eirpac service are in addition to any charges in respect of telephone or other services or any telecommunications lines and fixtures and accessories rented by the subscriber from Bord Telecom Éireann for use directly or indirectly in connection with Eirpac service.

102 Network user identity.

102. (1) Bord Telecom Éireann may at its discretion and where appropriate:

( a ) allocate to an Eirpac subscriber such code (called "Network User Identity") as Bord Telecom Éireann may think fit;

( b ) at the request of an Eirpac subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Eirpac subscriber, allocate to the Eirpac subscriber for such minimum period as Bord Telecom Éireann may determine, either generally or in relation to a particular case, one or more additional Network User Identities, or withdraw from the Eirpac subscriber any additional Network User Identity so allocated. Any such request, if not made in writing, shall be confirmed in writing by the Eirpac subscriber or the person making the request (such confirmation to be received by Bord Telecom Éireann before the day upon which such allocation is requested to take effect). There shall be charged to the Eirpac subscriber and paid by him in respect of compliance by Bord Telecom Éireann with each such request the charge specified in the Fourth Schedule to this Scheme.

(2) Bord Telecom Éireann may at its discretion from time to time, at the request of an Eirpac subscriber or a person appearing to Bord Telecom Éireann to be acting on behalf of the Eirpac subscriber, tem porarily invalidate any Network User Identity allocated to an Eirpac subscriber. Any such request, if not made in writing, shall be confirmed in writing by the Eirpac subscriber or the person making the request, such confirmation to be received by Bord Telecom Éireann within seven days of the making of such request. The subscription for any Network User Identity shall continue to be payable in respect of any period of invalidation.

(3) Bord Telecom Éireann may at its discretion and where appropriate allocate to an Eirpac subscriber from time to time such code, called Network User Address, as Bord Telecom Éireann may think fit. Bord Telecom Éireann may at its discretion alter an Eirpac subscriber's Network User Address at any time.

103 Call charges.

103. (1) An Eirpac subscriber shall pay to Bord Telecom Éireann in respect of any Eirpac call or attempted Eirpac call originating from or on equipment or apparatus under his control Eirpac call charges calculated with reference to the total charges applicable to:

( a ) the volume of data passed through and measured in units (each capable of containing sixty four characters of data including non-alphanumeric characters and spaces, and known as segments) determined and recorded by the packet switching exchange and not by reference to the volume of data originated and received by the subscriber's equipment and apparatus; and

( b ) the duration of the Eirpac call determined and recorded by the packet switching exchange.

(2) The charges applicable to the volume and duration referred to at (a) and (b) respectively of paragraph (1) above are set forth in the Fourth Schedule to this Scheme. Such charges shall be calculated at the appropriate rate by reference to the charging bands set out in the said Schedule to this Scheme.

(3) An Eirpac subscriber shall pay in advance to Bord Telecom Éireann in respect of subscription for Eirpac service the appropriate sums set forth in the Fourth Schedule to this Scheme.

(4) An Eirpac subscriber shall pay to Bord Telecom Éireann in respect of connection charges the sums set forth in the Fourth Schedule to this Scheme.

(5) An Eirpac subscriber shall pay to Bord Telecom Éireann in respect of the facilities listed in the Fourth Schedule to this Scheme the sums set forth in the said Schedule.

104 Pactex.

104. (1) At the request of an Eirpac subscriber Bord Telecom Éireann may provide Pactex to the Eirpac subscriber. There shall be charged to the Eirpac subscriber and paid by him in respect of Pactex the appropriate charges specified in the Fourth Schedule to this Scheme.

(2) At the request of an Eirpac subscriber, Bord Telecom Éireann may provide an electronic mailbox (in this Scheme referred to as "Pactex Mailbox") to enable the Eirpac subscriber to receive telex messages making use of Pactex. There shall be charged to the Eirpac subscriber and paid by him in respect of a Pactex Mailbox the charges specified in the Fourth Schedule to this Scheme.

105 Use by third parties and consideration.

105. (1) Except with the written consent (which may be unconditional or subject to conditions which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann Eirpac service shall not be used by or on behalf of any person other than the Eirpac subscriber for whom such service is provided. An Eirpac subscriber shall observe any requirements or restrictions of which Bord Telecom Éireann may from time to time notify him as to the use of the service by or on behalf of another person.

(2) Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann an Eirpac subscriber shall not receive or permit any other person to receive any consideration either directly or indirectly in return for or on account of the use by or on behalf of any person other than the Eirpac subscriber of Eirpac service provided on the application of the Eirpac subscriber. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or any other advantage or benefit of any kind or description.

106 Infringement.

106. An Eirpac subscriber who fails to comply with the provisions of Articles 103, 104 or 105 of this Scheme shall continue to be liable for any subscription, fee, charge, expense or damages payable or to become payable in respect of the Eirpac service.

PART VII Videoconference Service

107 Scope.

107. The Articles in this Part of this Scheme apply to videoconference service only but are in addition to the Articles contained in Part II of the Scheme.

108 Charges.

108. (1)A videoconference subscriber shall pay on demand to Bord Telecom Éireann for the use of the videoconference service the charges specified in the Fifth Schedule to this Scheme.

(2) Where a videoconference is cancelled by a videoconference subscriber there shall be charged to the videoconference subscriber and paid by him the appropriate cancellation charge provided for in the Fifth Schedule to this Scheme.

109 Use by third parties.

109. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann, a videoconference service shall not be used by or on behalf of any person other than the videoconference subscribers for whom the videoconference service is provided.

110 Consideration.

110. Except with the written consent (which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time) of Bord Telecom Éireann, a videoconference subscriber or videoconference subscribers shall not receive or permit any other person to receive any consideration either directly or indirectly in return for or on account of the use by or on behalf of any person of the videoconference service provided to him or them. The term "consideration" includes, besides money or money's worth, the giving or withholding of business or of any other advantage or benefit of any kind or description.

111 International videoconference service.

111. (1) Provision and use of a videoconference service between a point in the State and a point outside the State in so far as it involves the provision or use of telecommunications lines, channels, equipment, networks or services other than those of or provided by Bord Telecom Éireann shall be in accordance with and subject to arrangements made or to be made by Bord Telecom Éireann or the applicant for videoconference service or the videoconference subscriber (as appropriate) with other telecommunications companies, undertakings or administrations. Videoconference subscribers shall comply in full with such arrangements.

(2) Bord Telecom Éireann reserves the right at its absolute discretion to alter replace or modify all or any means of transmission or reception used in the provision and use of a videoconference service and in particular, but without prejudice to the generality of the foregoing, it reserves the right to substitute whether temporarily or permanently:

( a ) a space satellite system for a submarine or terrestrial cable system or terrestrial radio system; and

( b ) a submarine or terrestrial cable system for a space satellite system or terrestrial radio system;

( c ) a terrestrial radio system for a submarine or terrestrial cable system or space satellite system.

FIRST SCHEDULE

TELEPHONE SERVICE

PART 1

(Article 55)

Installation, Removal and Rental

Category

Installation Charges

£

Monthly Subscription

£

Removal and other Charges

£

Exchange Lines

Business, Residence

Auxiliary

120.00

100.00

10.00

10.00

Exchange line reconnected when linework is completely in situ 6 months or less after ceasing

30.00

Installation transfer

15.00

Temporary Exchange Line

At regular venues (see authorised list available for the time being at such places as Bord Telecom Éireann may from time to time determine)

60.00

10.00

At all other venues

130.00

10.00

Change of Telephone Number

16.00

Removals

Exchange lines

Installation transferred

Where line or line and instrument are in situ

100.00

15.00

30.00

Extensions

External (Rented)

Within 200 metres

Additional 200 metres up to 800 metres

Additional 200 metres over 800 metres

42.00

120.00

120.00

1.86

1.11

1.39

Second and subsequent external extensions provided to the same building for the same subscriber at the same time:

up to 200 metres

over 200 metres

26.00

100.00

Internal

In parallel where switchboard is involved with intercommunicating facilities

16.00

1.94

Temporary Extensions

External

Within 200 metres (minimum)

42.00

Standard external extension rate (min. one month)

Over 200 metres

100.00

Standard external extension rate (min. one month)

Internal

Provision and recovery (minimum)

Removal of Extensions

16.00

Standard external extension rate (min. one month)

— Internal: One end of extension

— External:

16.00

One end removed to within 200 metres

One end removed over 200 metres

26.00

100.00

Tie-lines

With Exchange Internal Facilities—

16.00

3.80

External—charged at external extension rate subject to minimum rate of £55.52 per annum

4.62

Connection charge —irrespective of distance

120.00

Without Exchange Facilities—

Internal —is charges at 100 metres or part thereof plus termination charge.

16.00

per 100 metres route wiring

per switchboard termination

0.64

0.93

External

120.00

800 metres or less (minimum)

4.62

per additional 200 metres up to 16 kilometres

1.11

per additional 200 metres above 16 kilometres

0.56

Category

Connection Charge

£

Monthly Subscription

£

Telephone Instruments

Standard Telephone Instrument

(Shannon, Harmony, Oisin, Aisling, Aisling 10, Boyne, Harmony Hard of Hearing (Standard), Contempra)

When fitted as standard with telephone line

Nil

1.10

Feature rented Telephone Instrument

Classic 22

Nil

3.00

Euroset

Nil

1.99

Phoenix

Nil

3.75

Corrib

Nil

1.30

Harmony Hard of Hearing (Premium)

(When fitted with telephone line at customer request)

Nil

1.84

Change of Instrument

16.00

As per monthly subscription shown above

(At customer request)

Private Payphones

Lake Table top 200

18.00

Lake Wall Mounted 400

20.00

Lake Wall Mounted 400 (with security belt)

23.00

Payphone 50 (Table)

10.00

Payphone 50 (Wall)

12.00

Payphone 20 (Table)

7.50

Payphone 20 (Wall)

8.50

Payphone 20 (Swivel)

8.00

Category

Installation Charges £

Monthly Subscription £

Removal and other Charges £

Other fixtures and accessories

Acoustic Hood

16.00

1.84

Ampliphone

16.00

0.74

Extension Bells

Indoor type

16.00

0.28

Outdoor type

16.00

0.55

Internal and external Removals (all types)

16.00

Hooter

16.00

2.59

Key & Lamp Units per unit

Cost of work

3.33

cost of Work

Lamp Signalling Equipment

16.00

1.20

Cost of Work

Meter, Subscriber's (private)

16.00

2.19

Bedlam Tonecaller

(Requires installation of an extension)

as per

extension

1.50 (+subscription if using an external extension)

Push Button Instruments

Per additional instrument

16.00

1.10

Rotary Dial Instrument (In addition to main instrument) per instrument

16.00

1.10

Socket No. 1M (Master)

( a ) When fitted on a new installation

Nil

Nil

( b ) When converting an installation to new type equipment

16.00

Nil

Socket No. 1S (Slave)

For use as extension or Plug and Socket arrangement per socket

16.00

0.26

Interlink 1+4 (with 1st extension)

16.00

6.00

Secretarial Plinths

In conjunction with intercommunicating internal extensions

16.00

1.94

Secretarial System 2/6/2 (existing installations only)

9.16

Per Set

Switches as connecting apparatus

16.00

0.28

Watch Receivers

0.22

Alterations, Fitments, Replacements

Change of instrument from wall to table type or vice versa

16.00

Connection of burglar alarm to line

16.00

PART 2

(Article 57)

Local Calls

Charges for Subscriber Dialled Local Calls

Per period or part of a period of time specified in the Table to Paragraphs 1 and 2 of this Part of this Schedule appropriate to the call.

1.

To a subscriber...........................................

9.5p

2.

To a caller

(i) from a public telephone(other than a Cardphone public telephone)

20p for first and subsequent periods of time.

(ii) from a Cardphone public telephone

20p (10 unit callcard)

17.5p (20 unit callcard)

16p (50 & 100 unit callcards)

Table (Subscriber dialled local calls)

Description of Call

Standard Rate (Seconds)

Reduced Rate (Seconds)

1. Calls referred to in Paragraph 1 of this Part of this Schedule.

180

900

2. Calls referred to in Paragraph 2 of this Part of this Schedule.

180

180

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);

(ii) all day on Saturday, Sunday and Public Holidays; and

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

Charges for Local Calls

(other than Subscriber Dialled Local Calls)

Per period or part of a period of time specified in the Table to Paragraphs 3 and 4 of this Part of this Schedule appropriate to the call.

3.

To a subscriber..............................................

59.5p for the first period and 9.5p for the second and subsequent periods.

4.

To a caller from a Public Telephone (other than a Cardphone public telephone)

70p for the first period and 20p for the second and subsequent periods.

Table (Operator assisted local calls)

Description of Call

Standard Rate (Seconds)

Reduced Rate (Seconds)

1. Calls referred to in Paragraph 3 of this Part of this Schedule.

180

900

2. Calls referred to in Paragraph 4 of this Part of this Schedule.

180

180

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);

(ii) all day on Saturday, Sunday and Public Holidays; and

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

Charges for Callcards

The charge in respect of Callcards, for use in Cardphone public telephones, shall be as follows:

Unit card

Cost

10

IR£2.00

20

IR£3.50

50

IR£8.00

100

IR£16.00

PART 3

Subscriber Dialled Trunk Calls

(Article 58)

Per period or part of a period of Time specified in the Table to this Part of this Schedule appropriate to the Call.

( a ) to a subscriber

9.5p

( b ) for a caller from a public telephone

(other than a Cardphone public telephone)

20p for the first and 20p for subsequent periods

( c ) for a caller from a Cardphone public telephone

20p (10 unit call card)

17.5p (20 unit call card)

16p (50 & 100 unit call cards)

Table

Description of Call

Standard Rate

Reduced Rate

Weekend Rate

1. Between exchanges in the State and from exchanges in the State to exchanges in Northern Ireland where the distance between Group Centres of exchanges concerned

(i) does not exceed 56 kms

66.7 seconds

100 seconds

600 seconds

(ii) exceeds 56 kms

25 seconds

37.5 seconds

600 seconds

2. To Eircell equipment

25 seconds

37.5 seconds

Not Applicable

Standard Rate

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. (8 p.m. for calls to Eircell equipment) 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. (8 p.m. for calls to Eircell equipment) and before 8 a.m. from Monday to Friday (inclusive) for calls described in Paragraph 1 of the Table: and

(ii) all day on Saturday, Sunday and Public Holidays for calls described in Paragraph 2 of the Table.

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

Weekend Rate

The weekend rate applies to calls described in Paragraph 1 of the Table made as follows:

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

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

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

(a)

Great Britain, Isle of Man & Channel Islands

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive.)

19.0 seconds

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

24.8 seconds

(b)

Andorra, Belgium, France, Germany, Luxembourg, Monaco, Netherlands

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive)

15.9 seconds

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

18 seconds

(c)

Austria, Denmark (including Faroe Islands), Finland, Greece, Greenland, Iceland, Italy, Liechtenstein, Norway, Portugal (Azores and Madeira), San Marino, Spain (including Balearic Islands, Canary Islands, Ceuta and Melilla), Sweden, Switzerland and Vatican City

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive)

12 seconds

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

16 seconds

(d)

Albania, Algeria, Armenia, Azarbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech and Slovak Federal Republic, Egypt, Estonia, Georgia, Gibraltar, Hungary (Republic of), Israel, Kazakhstan, Kyrgystan, Latvia, Lithuania, Libya, Malta, Moldova, Morocco, Poland, Romania, Russia, Slovenia, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Yugoslavia (Fed. Repl.).

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive.

8.40 seconds

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

9.84 seconds

(e)

Alaska, Anguilla, Antigua & Barbuda, Bahamas, Barbados, Bermuda, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Hawaii, Jamaica, Mexico, Montserrat, Nevis, Puerto Rico, St. Kitts, St. Lucia, St. Vincent & The Grenadines, Trinida & Tobago, Turks and Caicos, U.S.A., Virgin Islands (British), Virgin Islands (U.S.).

(i) Standard rate (from 12 a.m. to 6 p.m. Monday to Friday inclusive).

8.28 seconds

(ii) Reduced rate (from 8 a.m. to 12 a.m. and from 6 p.m. to 10 p.m. from Monday to Friday (inclusive)).

9.68 seconds

(iii) Exonomy rate (from 10 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

10.80 seconds

(f)

Australia (including Tasmania), New Zealand.

(i) Standard rate (from 8 a.m. to 2 p.m. & from 8 p.m. to Midnight from Monday to Friday inclusive)

6.28 seconds

(ii) Reduced rate (from 2 p.m. to 8 p.m. & from Midnight to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

8.16 seconds

(g)

Hong Kong, Indonesia, Japan (including Ryukyu Island), Korea (Rep. of), Malaysia, Philippines, Singapore, Taiwan

4.76 seconds

(h)

All other states

3.96 seconds

(i)

Inmarsat and Skyphone Mobile Telephony System

1.00 second

Charges for Callcards

1. The charge in respect of Callcards, for use in Cardphone public telephones, shall be as follows:

Unit card

Cost

10

IR£2.00

20

IR£3.50

50

IR£8.00

100

IR£16.00

PART 4

(Article 59 and 68)

Trunk calls (other than subscriber dialled trunk calls) from telephones other than public telephones and Telecard calls

1. Distance between Group Centres of Exchanges connected

Calls between exchanges in the State and from exchanges in the State to exchanges in Northern Ireland

First 3 minutes or part thereof minimum charge)

For each subsequent minute or part thereof.

Standard Rate

Reduced Rate

Standard Rate

Reduced Rate

(i) Not exceeding 56 kilometres

83p

71p

11p

7p

(ii) Exceeding 56 kilometres

116p

92p

22p

14p

2. To Eircell equipment

149p

116p

33p

22p

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);

(ii) all day on Saturday, Sunday and Public Holidays; and

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

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

For the first 3 minutes or part of three minutes

For each subsequent minute or part thereof

£

£

(a) Great Britain, Isle of Man & Channel Islands

1.67

.39

(b) Andorra, Belgium, France, Germany, Luxembourg, Monaco, Netherlands

2.81

.77

(c) Austria, Denmark (including Faroe Islands), Finland, Greece, Greenland, Iceland, Italy, Liechtenstein, Norway, Portugal (Azores and Madeira), San Marino, Spain (including Balearic Islands, Canary Islands, Ceuta and Melilla), Sweden, Switzerland and Vatican City

2.81

.77

(d) Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech and Slovak Federal Republic, Egypt, Estonia, Georgia, Gibraltar, Hungary (Republic of), Israel, Kazadhstan, Kyrgystan, Latvia, Lithuania, Libya, Malta, Moldova, Morocco, Poland, Romania, Russia, Slovenia, Tajikstan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Yugoslavia (Fed. Rep.)

3.17

.89

(e) Alaska, Anguilla, Antigua & Barbuda, Bahamas, Barbados, Bermuda, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Hawaii, Jamaica, Mexico, Montserrat, Nevis, Puerto Rico, St. Kitts, St. Lucia, St. Vincent & The Grenadines, Trinida & Tobago, Turks and Caicos, U.S.A., Virgin Islands (British), Virgin Islands (U.S.).

3.86

1.12

(f) All other States

6.80

2.10

(g) To Inmarsat and Skyphone Mobile Telephone System

19.26

6.42

PART 5

(Article 59)

Trunk calls (other than subscriber dialled trunk calls) from a public telephone (other than a Cardphone public telephone)

In respect of every call made by a caller from a public telephone other than a (Cardphone public telephone there shall be charged and paid, or otherwise credited to Bord Telecom Éireann the charges as stated in the Table below.

Description of Call

First 3 minutes or part thereof (minimum charge)

For each subsequent 3 minutes or part thereof.

Standard Rate (£)

Reduced Rate (£)

Standard Rate (£)

Reduced Rate (£)

1.

Between exchanges in the State and from exchanges in the State to exchanges in Northern Ireland and where the distance between Group Centres of exchanges concerned

(i) does not exceed 56 kilometres

1.30

1.00

.80

0.50

(ii) exceeds 56 kilometres

2.00

1.50

1.50

1.00

2.

To Eircell equipment

2.10

1.60

1.60

1.10

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);

(ii) all day on Saturday, Sunday and Public Holidays; and

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

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

For the first 3 minutes or part of 3 minutes

For each 3 Minutes or part of 3 minutes after the first 3 minutes

£

£

(a) Great Britain, Isle of Man & Channel Islands

2.40

1.90

(b) Andorra, Belgium, France, Germany, Luxembourg, Monaco, Netherlands

3.50

1.00

(c) Austria, Denmark (including Faroe Islands), Finland, Greece, Greenland, Iceland, Italy, Liechtenstein, Norway, Portugal (Azores and Madeira), San Marino, Spain (including Balearic Islands, Canary Islands, Ceuta and Melilla), Sweden, Switzerland and Vatican City

3.50

1.00

(d) Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech and Slovak Federal Republic, Egypt, Estonia, Georgia, Gibraltar, Hungary (Republic of), Israel, Kazakhstan, Kyrgystan, Latvia, Lithuania, Libya, Malta, Moldova, Morocco, Poland, Romania, Russia, Slovenia, Tajikstan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Yugoslavia (Fed. Rep.)

4.50

1.30

(e) Alaska, Anguilla, Antigua & Barbuda, Bahamas, Barbados, Bermuda, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Hawaii, Jamaica, Mexico, Montserrat, Nevis, Puerto Rico, St. Kitts, St. Lucia, St. Vincent & The Grenadines, Trinida & Tobago, Turks and Caicos, U.S.A., Virgin Islands (British), Virgin Islands (U.S.)

4.50

1.30

(f) All other States

8.90

2.80

PART 6

Special Telephone Services

(Articles 12, 18, 19, 20, 23, 60, 61, 62, 63, 64, 65, 66, 67, 68 and 81.)

Section 1

Charges for Special Telephone Services which are payable in addition to the appropriate charges set out in the foregoing Parts of this Schedule.

1. Personal Call

(a) Within State and to Northern Ireland, Great Britain, the Isle of Man and the Channel Islands

50p

(b) To other states (where the service is applicable)

Per call as follows: Twice the per subsequent minute charge given in Paragraph 3 of Part 4 of this Schedule

2. Alarm Clock Call

—Manual (Booking Fee)

—Automatic (Booking Fee)

—Automatic (Cancellation Charge)

3. Advice of Duration and Charge

4. Reverse Charge Call

75p

28.5p

38.0p

30p per call

( a ) Within State and to Northern Ireland, Great Britain, the Isle of Man and the Channel Islands

50p

( b ) From other states (where the service is applicable)

Per call as follows: Twice the per subsequent minute charge given in Paragraph 3 of Part 4 of this Schedule

5. Ireland Direct Calls

£1.00 plus the charges as per Article 56 paragraph 1

6. Call Diversion

Entry Charge £10

Quarterly Subscription £3

Set up Charge 19.0p

Check Charge 9.5p

7. Call Waiting

Entry Charge £10

Quarterly Subscription £3

8. Conference Calls

Subscriber Dialled:

Entry Charge £10

Quarterly Subscription £3

Normal Charge for each element

of 3 Way Call

Operator Assisted:

The normal rates for operator

assisted calls apply together with

the relevant Personal call charge

rate.

9. Abbreviated Calling

Entry charge £10

Quarterly Subscription £3

Set up Charge 9.5p

Cancel Charge 9.5p

10. Hotline Service

Entry Charge £10

Quarterly Subscription £3

11. Call Particulars

per one off request £4 per exchange line: per account.

per request (continuous): £3 per exchange line per account.

12. Surcharge for dishonoured payments

£7 per dishonoured payment.

13. Direct Dialling Inwards

—Analogue (per block of 30 telephone exchange lines or part of such block):

Connection Charge: £10,500

Annual Subscription: £4,600

—Digital (per block of 30 telephone exchange lines or part of such block):

Connection Charge: £10,500

Annual Subscription: £9,200

—Additional Annual Subscription in respect of extension numbers

(per block of one hundred extension numbers or part of such block): £600

14. Call Barring Charges

Entry Charge

Monthly Rental (Per Line)

Temporary Off Service

£16

NIL

Outward Service Barred

£16

£2

Inward Service Barred

£16

£2

TIS+ISD+XCH+STD Barred

£16

£2

TIS+ISD+XCH Barred

£16

£2

TIS+ISD Barred

£16

£2

TIS Barred

NIL

NIL

Restoration of Normal Service

NIL

NIL

Note: TIS (Telephone Information Service), ISD (International Direct Dial), XCH (Cross Channel), STD (Inland Trunk).

Section II

Charges which are payable in lieu of all other charges set out in the other Parts of this Schedule.

1.

Cancellation fee for Personal Call

( a ) Within State and to Northern Ireland, Great Britain, the Isle of Man and the Channel Islands

50p

( b ) To other states

(where the service is applicable)

Per call as follows:

Twice the per minute charge given in Paragraph 3 of Part 4 of this Schedule.

2.

Telephone Information Services

9.5p per time interval of 11.9 seconds (8 a.m. to 6 p.m. Monday to Friday excluding public holidays) and 9.5p per interval of 15.9 seconds at other times.

3.

Directory Enquiry Call

28.5p (Per 3 numbers or less) per call. However, the first 2 calls on a monthly bill or first 4 calls on a 2 monthly bill will be free of charge.

Section III

Charges in respect of Freefone 1800 service.

Charges in respect of 1850 service.

£

Connection Charge (per number)

50

Subscription (Quarterly/per number)

50

Call Charges (Recipient)

1. Call Charges between exchanges in the State:

Number of seconds per 9.5p call unit

Approximate cost per minute

National

Standard Rate

Reduced Rate

Weekend Rate

25

37.5

67.5

23p

15p

8p

Regional

Standard Rate

Reduced Rate

Weekend Rate

45

67.5

67.5

13p

8p

8p

Note

i. Regional call charges apply to calls made from a fixed telephone exchange line to a fixed telephone exchange line terminating in a premises in the same service area.

ii. National call charges apply to all calls to exchange lines within the State other than those calls to which Regional call charges apply.

iii. Each of the areas of the State to which the prefixes (01), (02), (04), (05), (06) and (07/09) apply shall be a separate service area. Calls to or from Eircell equipment shall be regarded as calls to a separate service area.

iv. The Standard Rate is applicable to all calls made between 8 a.m. and 6 p.m. Monday to Friday (inclusive). The Reduced Rate is applicable to all calls on Monday to Friday other than calls to which the Standard Rate applies. The Weekend Rate is applicable to all calls on Saturday, Sunday or Public Holidays.

v. Subscribers to whom the 1850 service is provided shall receive a credit of 9.5p per 1850 call received.

2. For calls made at all times (except where otherwise stated) to exchanges in the State from exchanges in:

( a ) Great Britain, Northern Ireland, Isle of Man & Channel Islands

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive.)

16.29 seconds

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

22.82 seconds

(b) Andorra, Belgium, France, Germany, Luxembourg, Monaco, Netherlands

14.3 seconds

(c) Austria, Denmark (including Faroe Islands), Finland, Greece, Greenland, Iceland, Italy, Liechtenstein, Norway, Portugal (Azores and Madeira), San Marino Spain (including Balearic Islands, Canary Islands, Ceuta and Melilla), Sweden, Switzerland and Vatican City

11.52 seconds

(d) Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech and Slovak Federal Republic, Egypt, Estonia, Georgia, Gibraltar, Hungary (Republic of), Israel, Kazadhstan, Kyrgystan, Latvia, Lithuania, Libya, Malta, Moldova, Morocco, Poland, Romania, Russia Slovenia, Tajikstan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Yugoslavia (Fed. Rep.)

8.16 seconds

(e) Alaska, Anguilla, Antigua & Barbuda, Bahamas, Barbados, Bermuda, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Hawaii, Jamaica, Mexico, Montserrat, Nevis, Puerto Rico, St. Kitts, St. Lucia, St. Vincent & The Grenadines, Trinida & Tobago, Turks and Caicos, U.S.A., Virgin Islands (British), Virgin Islands (U.S.).

7.93 seconds

(f) Australia (including Tasmania), New Zealand.

6.02 seconds

(g) Hong Kong, Indonesia, Japan (including Ryukyu Island), Korea (Rep. of), Malaysia, Philippines, Singapore, Taiwan

4.57 seconds

(h) All other states

3.80 seconds

3. Additional Charges

Connection Charge

Monthly Subscription

Other Charges

£

£

£

i. Subscriber nominated Freefone 1800 or 1850 number

0

6.66

ii. Origin dependant routing (per answering station)

30

33.33

iii. Percentage routing (per answering station)

30

6.66

iv. Time dependant routing (per answering station)

30

6.66

v. Freefone tone

30

6.66

vi. Change of Freefone 1800 number, 1850 number, or terminating number (per number)

50

Call Charges (Calling person) (1850 calls only)

To a subscriber: One unit fee of 9.5p regardless of duration.

To a caller from a Public telephone or a Cardphone public telephone: Charged as per a local call.

Section IV

Charges for International Virtual Private Networks (IVPN)

1.

Connection Charge

£2,500

2.

Annual Rental Charge

£960

Call charges are 9.5p per period or part of a period of time as specified in the Table, Subject to a minimum charge equivalent to the charge that would apply if the call duration was 60 seconds.

TABLE: IVPN CALLS

3. For calls made at all times (except where otherwise stated) from exchanges in the State to exchanges in:

OFF-NET (Seconds)

ON-NET (Seconds)

(a) Great Britain, Isle of Man & Channel Islands.

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive.)

21.11

23.75

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

27.56

31.01

(b) Andorra, Belgium, France, Germany, Luxembourg, Monaco, Netherlands

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive)

17.66

19.87

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

20.00

22.49

(c) Austria, Denmark (including Faroe Islands), Finland, Greece, Greenland, Iceland, Italy, Liechtenstein, Norway, Portugal (Azores and Madeira), San Marino, Spain (including Balearic Islands, Canary Islands, Ceuta and Melilla), Sweden, Switzerland and Vatican City.

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive)

13.33

15

(ii) Reduced rate (from 6 p.m. to 8 a. m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

17.77

20

(d) Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech and Slovak Federal Republic, Egypt, Estonia, Georgia, Gibraltar, Hungary (Republic of), Israel, Kazakhstan, Kyrgystan, Latvia, Lithuania, Libya, Malta, Moldova, Morocco, Poland, Romania, Russia, Slovenia, Tajikistan, Tunisia, Turkey, turkmenistan, Ukraine, Uzbekistan, Yugoslavia (Fed. Rep.).

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive).

9.33

10.5

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

10.93

12.3

(e) Alaska, Anguilla, Antigua & Barbuda, Bahamas, Barbados, Bermuda, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Hawaii, Jamaica, Mexico, Montserrat, Nevis, Puerto Rico, St. Kitts, St Lucia, St. Vincent & The Grenadines, Trinida & Tobago, Turks and Caicos, U.S.A., Virgin Islands(British), Virgin Islands (U.S.).

(i) Standard rate (from 12 a.m to 6 p.m. Monday to Friday inclusive).

9.20

10.35

(ii) Reduced rate (from 8 a.m. to 12 a.m. and from 6 p.m. to 10 p.m. from Monday to Friday (inclusive)).

10.76

12.1

(iii) Economy rate (from 10 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

12.00

13.5

(f) Australia (including Tasmania), New Zealand.

(i) Standard rate (from 8 a.m. to 2 p.m. & from 8 p.m. to Midnight from Monday to Friday inclusive)

6.98

7.85

(ii) Reduced rate (from 2 p.m. to 8 p.m. & from Midnight to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

9.07

10.2

(g) Hong Kong, Indonesia, Japan (including Ryukyu Island), Korea (Rep. of), Malaysia, Philippines, Singapore, Taiwan.

5.29

5.95

(h) All other states

4.40

4.95

4. Supplementary Charges

Connection to each additional Virtual Private Network:

£20.83 per month

Each Charge to the Network Numbering plan

£10

Each Charge to the Network Authorisation code

£10

Section V

Charges for Switched Digital International (64kb/s) Services

1.

Fixed Charges

Connection

Monthly Rental

Customers connection via DDI/DDO service (in addition to standard DDI/DDO charges)

£

250.00

£

25.00

Directly connected customers

1,000.00

83.00

2. Call Charges

(Charges apply at all times, irrespective of destination)

Seconds per 9.5p: 3.96

The minimum charge per call is 9.5p.

Calls are not possible from payphones.

Calls may not be connected via the operator.

Section VI

(Article 81)

Chargecard Calls

Chargecard Calls are charged by means of (a) a duration based charge of 9.5p per period or part of a period of Time specified in the Table to this Part of this Schedule appropriate to the Call, and (b) a Chargecard call premium. The Chargecard call premium is 50p in the case of calls wholly within the State or calls to or from Eircell equipment or a fixed telephone line in Northern Ireland, and £1.00 for all other calls.

TABLE (Chargecard Calls)

Description of Call

Standard Rate

Reduced Rate

Weekend Rate

Seconds

Seconds

Seconds

1.

Between exchanges in the State and from exchanges in the State to exchanges in Northern Ireland

25

37.5

600

2.

To or from Eircell equipment in the State or Northern Ireland

25

37.5

N/A

Standard Rate:

The standard rate applies to calls made at or after 8 a.m. and before 6 p.m. (8 p.m. for calls to Eircell equipment) 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. (8 p.m. for calls to Eircell equipment) and before 8 a.m. from Monday to Friday (inclusive) for calls described in the Table; and

(ii) all day on Saturday, Sunday and Public Holidays for calls described in Paragraph 2 of the Table.

(iii) such other times as Bord Telecom Éireann 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:

All day Saturday, Sunday and Public Holidays for calls described in paragraph 1 of the Table.

Such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers.

2.

For calls made at all times (except where otherwise stated)

To exchanges in the State from exchanges in

Third Country Calls. To exchanges outside the State from exchanges in

Seconds

Seconds

( a ) Great Britain, Isle of Man & Channel Islands

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive.)

19.0

6.33

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

24.8

6.87

( b ) Andorra, Belgium, France, Germany, Luxembourg, Monaco, Netherlands

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive)

15.9

5.95

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

18

6.22

( c ) Austria, Denmark (including Faroe Islands), Finland, Greece, Greenland, Iceland, Italy, Liechtenstein, Norway, Portugal (Azores and Madeira), San Marino, Spain (including Balearic Islands, Canary Islands, Ceuta and Melilla), Sweden, Switzerland and Vatican City

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive)

12

5.30

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

16

5.96

( d ) Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech and Slovak Federal Republic, Egypt, Estonia, Georgia, Gibraltar, Hungary (Republic of), Israel, Kazadhstan, Kyrgystan, Latvia, Lithuania, Libya, Malta, Moldova, Morocco, Poland, Romania, Russia, Slovenia, Tajikstan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Yugoslavia (Fed. Rep.)

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive).

8.40

4.46

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

9.84

4.83

( e ) Alaska, Anguilla, Antigua & Barbuda, Bahamas, Barbados, Bermuda, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Hawaii, Jamaica, Mexico, Montserrat, Nevis, Puerto Rico, St. Kitts, St Lucia, St. Vincent & The Grenadines, Trinida & Tobago, Turks and Caicos, U.S.A., Virgin Islands (British), Virgin Islands (U.S.).

(i) Standard rate (from 12 a.m. to 6 p.m. Monday to Friday inclusive).

8.28

4.42

(ii) Reduced rate (from 8 a.m. to 12 a.m. and from 6 p.m. to 10 p.m. from Monday to Friday (inclusive))

9.68

4.79

(iii) Economy rate (from 10 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

10.80

5.05

( f ) Australia (including Tasmania), New Zealand.

(i) Standard rate (from 8 a.m. to 2 p.m. & from 8 p.m. to Midnight from Monday to Friday inclusive)

6.28

3.78

(ii) Reduced rate (from 2 p.m. to 8 p.m. & from Midnight to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

8.16

4.39

( g ) Hong Kong, Indonesia, Japan (including Ryukyu Island), Korea (Rep. of), Malaysia, Philippines, Singapore, Taiwan

4.76

3.17

( h ) All other states

3.96

2.79

( i ) Inmarsat and Skyphone Mobile telephony System

1.00

0.90

Section VII

Volume Discounts

(Article 18, 19 and 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:

Monthly Billed Amount in respect of Eligible International Volume Discount Calls

International Volume Discount

Not exceeding £2,000

0% discount

Exceeding £2,000 and not exceeding £4,000

0% discount on first £2,000

20% discount on remainder.

Exceeding £4,000 and not exceeding £8,000

0% discount on first £2,000

20% discount on next £2,000

25% discount on remainder

Exceeding £8,000

0% discount on first £2,000

20% discount on next £2,000

25% discount on next £4,000

30% discount on remainder

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:

Monthly Billed Amount in respect of Eligible Total Volume Discount Calls

Total Volume Discount

Not exceeding £3,000

0% discount

Exceeding £3,000 and not exceeding £7,000

0% discount on first £3,000

6% discount on remainder

Exceeding £7,000 and not exceeding £12,000

0% discount on first £3,000

6% discount on next £4,000

9% discount on remainder

Exceeding £12,000

0% discount on first £3,000

6% discount on next £4,000

0% discount on next £5,000

12% discount on remainder

PART 3

International Freefone Volume Discount

Volume discounts on International Freefone Calls are applied on a monthly basis to the combined total of Eligible Freephone 1800 Calls as per Article 20, so as to result in the following reduced charges:

Monthly Billed time in Respect of Eligible Freefone 1800 Calls

Price Per Minute

Band

1

Band

2

Band

3

Band

5

Not exceeding 1,500 mins

35p

40p

50p

72p

Exceeding 1,500 and not exceeding 3,000 mins

27p

32p

32p

57p

Exceeding 3,000 and not exceeding 6,000 mins

26p

31p

31p

56p

Exceeding 6,000 and not exceeding 10,000 mins

25p

30p

30p

55p

Exceeding 10,000

24p

29p

29p

54p

BAND 1: U.K.

BAND 2: Belgium, France, Germany, Luxembourg, Netherlands.

BAND 3: Austria, Denmark, Finland, Greece, Iceland, Italy, Norway, Portugal, Spain, Sweden, Switzerland.

BAND 5: Canada, U.S.A.

Section VIII

Charges in Respect of Integrated Services Digital Network Facility

Basic Access (2B+D)

Primary Access (30B+D)

£

£

Connection Charge

420

4,200

Subscription (Monthly)

35

350

Call Charges

1. Standard 3.1 kHz voice calls are charged as per Parts 2 to 5 (inclusive), Part 6 Section I (other than subsection 13), Section II and Section VI of this Schedule.

2. Unrestricted 64Kb call charges between exchanges in the State, and between exchanges in the State and exchanges in Northern Ireland.

No. of Seconds per 9.5p call unit

(i) Local Calls

Standard Rate

Reduced Rate

144

720

(ii) Trunk Calls up to 56 km

Standard Rate

Reduced Rate

Weekend Rate

53.4

80

480

(iii) Trunk Calls over 56 km

Standard Rate

Reduced Rate

Weekend Rate

20

30

480

Standard Rate:

8 a.m. to 6 p.m. Monday to Friday (inclusive) for calls described in Paragraph 2.

Reduced Rate:

(i) 6 p.m. to 8 p.m. Monday to Friday (inclusive) for all calls described in Paragraph 2.

(ii) All day on Saturday, Sunday and Public Holidays for calls described in Paragraph 2 (i).

Weekend Rate:

All day on Saturday, Sunday and Public Holidays for calls described in Paragraph 2 (ii) and (iii).

3. Unrestricted 64Kb call charges from exchanges in the State to exchanges in:

Seconds Per Unit of 9.5p Basic Access

( a ) Great Britain, Isle of Man & Channel Islands.

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive.)

12.6

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

16.5

( b ) Andorra, Belgium, France, Germany, Luxembourg, Monaco, Netherlands

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive)

10.6

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

12

( c ) Austria, Denmark (including Faroe Islands), Finland, Greece, Greenland, Iceland, Italy, Liechtenstein, Norway, Portugal (Azores and Madeira), San Marino, Spain (including Balearic Islands, Canary Islands, Ceuta and Melilla), Sweden, Switzerland and Vatican City

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive)

8.0

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

10.6

( d ) Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech and Slovak Federal Republic, Egypt, Estonia, Georgia, Gibraltar, Hungary (Republic of), Israel, Kazadhstan, Kyrgystan, Latvia, Lithuania, Libya, Malta, Moldova, Morocco, Poland, Romania, Russia, Slovenia, Tajikstan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Yugoslavia (Fed. Rep.)

(i) Standard rate (from 8 a.m. to 6 p.m. Monday to Friday inclusive).

5.6

(ii) Reduced rate (from 6 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

6.5

( e ) Alaska, Anguilla, Antigua & Barbuda, Bahamas, Barbados, Bermuda, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Hawaii, Jamaica, Mexico, Montserrat, Nevis, Puerto Rico, St. Kitts, St. Lucia, St. Vincent & The Grenadines, Trinida & Tobago, Turks and Caicos, U.S.A., Virgin Islands (British), Virgin Islands (U.S.).

(i) Standard rate (from 12 a.m. to 6 p.m. Monday to Friday inclusive).

5.5

(ii) Reduced rate (from 8 a.m. to 12 a.m. and from 6 p.m. to 10 p.m. from Monday to Friday (inclusive))

6.4

(iii) Economy rate (from 10 p.m. to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers).

7.2

( f ) Australia (including Tasmania), New Zealand.

4.1

(i) Standard rate (from 8 a.m. to 2 p.m. & from 8 p.m. to Midnight from Monday to Friday inclusive)

(ii) Reduced rate (from 2 p.m. to 8 p.m. & from Midnight to 8 a.m. from Monday to Friday (inclusive) and throughout Saturday, Sunday, Public Holidays and such other times as Bord Telecom Éireann may from time to time announce by advertisement in the national morning daily newspapers)

5.4

( g ) Hong Kong, Indonesia, Japan (including Ryukyu Island), Korea (Rep, of), Malaysia, Philippines, Singapore, Taiwan

3.1

( h ) All other states

2.6

PART 7

(Article 79)

EIRCELL

A. Call Charges

1. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the State or in Northern Ireland:

Analogue Service

GSM Service

Standard Rate

Reduced Rate

Standard Rate

Reduced Rate

Minimum Charge (30 seconds)

11.17p

7.5p

12.5p

8.5p

Per each period of 10 seconds or part of such period thereafter

3.72p

2.5p

4.16p

2.83p

2. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the State or in Northern Ireland:

Analogue and GSM Services

Standard Rate

Reduced Rate

Minimum Charge (3 minutes)

149p

116p

Per minute or part of a minute thereafter

33p

22p

3. Subscriber dialled calls, from Eircell analogue equipment or from Eircell GSM equipment in the State, to telephones in Great Britain, the Isle of Man and the Channel Islands:

Analogue and GSM Services

Seconds-Standard Rate

Seconds-Reduced Rate

11.17p per period of time or part of period of time specified

11.2

16.8

4. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Great Britain, the Isle of Man and the Channel Islands:

Analogue and GSM Services

Standard Rate

Reduced Rate

Minimum Charge (3 minutes)

227p

167p

Per minute or part of a minute thereafter

59p

39p

5. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 1 states and territories:

Analogue and GSM Services

Seconds-Standard Rate

Seconds-Reduced Rate

11.17p per period of time or part or period of time specified

11

14.6

6. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 2 states and territories:

Analogue and GSM Services

Seconds

11.17p per period of time or part or period of time specified

7.56

7. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 3 states and territories:

Analogue and GSM Services

Seconds-Standard Rate

Seconds-Reduced Rate

11.17p per period of time or part of period of time specified

5.99

7.99

8. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 4 states and territories:

Analogue and GSM Services

Seconds

11.17p per period of time or part or period of time specified

3.87

9. Subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 5 states and territories:

Analogue and GSM Services

Seconds

11.17p per period of time or part or period of time specified

2.71

10. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 1 states and territories:

Analogue and GSM Services

Seconds

Minimum Charge (3 minutes)

281p

Per minute or part of a minute thereafter

77p

11. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 2 states and territories:

Analogue and GSM Services

Minimum Charge (3 minutes)

317p

Per minute or part of a minute thereafter

89p

12. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 3 states and territories:

Analogue and GSM Services

Standard Rate

Reduced Rate

Minimum Charge (3 minutes)

500p

386p

11.17p per period of time or part of period of time specified

150p

112p

13. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 4 states and territories:

Analogue and GSM Services

Minimum Charge (3 minutes)

680p

Per minute or part of a minute thereafter

210p

14. Calls, other than subscriber dialled calls, from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Band 5 states and territories:

Analogue and GSM Services

Minimum Charge (3 minutes)

791p

Per minute or part of a minute thereafter

247p

15. A call made from Eircell GSM equipment outside the State to a telephone in any part of the world, shall be charged at the current tariff applicable to such call which is specified by the appropriate GSM cellular network operator in the state or territory in which the call originates, together with an Eircell service charge amounting to 15% of the GSM cellular network operators charge in respect of the call.

16. Eircell GSM subscribers shall be charged in respect of calls received on Eircell GSM equipment outside the State as if the call received were a call made by such subscriber, from Eircell GSM equipment in the State, to a telephone in the state or territory in which the call is actually received.

17. Eircell subscribers shall be charged in respect of calls made from Eircell Analogue equipment or from Eircell GSM equipment in the State to Eircell GSM equipment outside the State, as if such calls were calls described in paragraph 1 or paragraph 2 of Section A of this Part of this Schedule, as appropriate.

Notes:

(i) In respect of calls described at paragraph 1 above:

Standard Rate applies to calls made between 8 a.m. and 8 p.m., Monday to Friday (inclusive)

Reduced Rate applies to calls made between 8 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord telecom Éireann.

(ii) In respect of calls described at paragraph 2 above:

Standard Rate applies to calls made between 8 a.m. and 6 p.m., Monday to Friday (inclusive)

Reduced Rate applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(iii) In respect of calls described at paragraph 3 above:

Standard Rate applies to calls made between 8 a.m. and 6 p.m., Monday to Friday (inclusive)

Reduced Rate applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(iv) In respect of calls described at paragraph 4 above:

Standard Rate applies to calls made between 8 a.m. and 6 p.m., Monday to Friday (inclusive)

Reduced Rate applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(v) In respect of calls described at paragraph 5 above:

Standard Rate applies to calls made between 8 a.m. and 6 p.m., Monday to Friday (inclusive)

Reduced Rate applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(vi) In respect of calls described at paragraph 7 above:

Standard Rate applies to calls made between 10 a.m. and 10 p.m., Monday to Friday (inclusive)

Reduced Rate applies to calls made between 10 p.m. and 10 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Éireann.

(vii) In respect of calls described at paragraph 12 above:

Standard Rate applies to calls made between 10 a.m. and 10 p.m., Monday to Friday (inclusive)

Reduced Rate applies to calls made between 10 p.m. and 10 a.m., Monday to Friday (inclusive) and all day on Saturdays, Sundays and Public Holidays and other days announced by Bord telecom Éireann.

(viii) Band 1 comprises Andorra, Austria, Belgium, Ceuta and Melilla, Denmark (including Faroe Islands), Finland, France, Germany, Greece, Greenland, Iceland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal (including Azores and Madeira), San Marino, Spain (including Balearic and Canary Islands), Sweden, Switzerland and Vatican City.

(ix) Band 2 comprises Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech & Slovak Fed. Rep., Egypt, Estonia, Georgia, Gibraltar, Hungary (Rep. of), Israel, Kazakhstan, Kyrgystan, Latvia, Libya, Lithuania, Malta, Moldova, Morocco, Poland (Rep. of), Romania, Russia, Slovenia, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Yugoslavia (Fed. Rep. of).

(x) Band 3 comprises Anguilla, Antigua and Barbuda, Bahamas, Barbados, Bermuda, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Jamaica, Mexico, Monntserrat, Puerto Rico, St. Kitts (Nevis), St. Lucia, St. Vincent, Trinidad and Tobago, Tortola (British Virgin Islands), Turks and Caicos Islands, U.S.A., Virgin Islands (U.S.).

(xi) Band 4 comprises Australia (including Tasmania, Hong King, Japan (including Ryukyu Islands), New Zealand, Saudi Arabia, Singapore and South Africa.

(xii) Band 5 comprises all other States.

(xiii) Where calls are made from Eircell Analogue equipment outside the State, the appropriate Eircell call charges shall be computed and payable as if the Eircell Analogue equipment were within the State.

(xiv) The operation, by subscribers to other GSM networks availing of the Eircell GSM Service, of a call-forwarding facility to forward an incoming call to a telephpone outside the State, shall cause the appropriate call charge to apply as if the forwarding of the call was a separate call from Eircell GSM equipment in the State to the telephone outside the State.

B. Subscription

Analogue Service

GSM Service

£20 per item of Eircell Analogue equipment to which Eircell Analogue Service is provided per month

£20 per Eircell SIM card per month

C. Connection Charges

Analogue Service

GSM Service

£50 per item of Eircell Analogue equipment to which Eircell Analogue Service is provided.

£50 per Eircell SIM card.

D. Other Services and Facilities

Service/Facility

Analogue Service

GSM Service

Monthly detailed billing

£1 per month

£3 per month

Once-off detailed billing

£6 per occasion

£10 per occasion

Reconnection

£16 per occasion

£16 per occasion

Change of Eircell Analogue equipment

£16 per occasion

Change of Eircell number

£16 per occasion

£16 per occasion

Temporary barring

£16 per occasion

£16 per occasion

Temporary Disconnection

£30 per occasion

£30 per occasion

Additional/Replacement Eircell SIM card

£15 per card

Reservation of Eircell GSM number

£16 for existing Eircell subscribers

£30 for persons other than existing Eircell subscribers

Analogue and GSM Services

Calls to Telephone Information Services

The appropriate charge applicable to calls from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in Grat Britain, the Isle of Man and the Channel Islands.

Calls to 1850 numbers in the fixed telephone network

The appropriate charge applicable to calls from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the State or Northern Ireland.

Calls to speaking clock

The appropriate charge applicable to calls from Eircell Analogue equipment or from Eircell GSM equipment in the State, to telephones in the State or Northern Ireland.

Calls to INMARSAT and SKY PHONE (when available)

The appropriate charge applicable to such calls from the fixed telephone network.

PART 8

Telephone Directory Entries

(Article 67)

Annual Issue Charge

£

Main entry —heavy type

16.68

Extra entry —ordinary type

7.76

Extra line —ordinary type

7.76

Extra entry —heavy type

24.44

Extra line —heavy type

24.44

Extra words —per word

3.36

SECOND SCHEDULE

LEASED LINES

(Article 89)

WITHIN THE STATE OR TO NORTHERN IRELAND, GREAT BRITAIN, THE ISLE OF MAN AND THE CHANNEL ISLANDS.

ANALOGUE

Annual Subscription

External

Distance Category

Annual Rental Per Additional Kilometre or Part Thereof

50 Baud

1

Telephony Quality

2,3

M1040 Quality

M1020 Quality

4

£

£

£

£

Up to 1 Kilometre (minimum charge).

35.00

80.00

215.00

250.00

UP to 16 Kilometres (per additional km.)

18.00

56.00

90.00

103.00

Per additional Km. above 16 Km.

13.00

28.00

28.00

32.00

Maximum chargeable Subscription

(200 km) (National)

2697.00

6072.00

6717.00

7683.00

Additional Subscription

To Northern Ireland, Great Britain, the Isle of Man and the Channel Islands

1215.00

3525.00

3525.00

4035.00

1. 75-100 Baud: Charges for 50 Baud plus 20%.

200 Baud: Charges for 50 Baud plus 50% (No longer provided).

2. Three-wire per 200 metres.............................. £19.82.

3. Omnibus Circuit Rate.

4. Also M1030 quality.

Connection Charges

£

External Irrespective of distance Connection charges for a second or subsequent leased line between the same two addresses provided at the same time for the same subscriber should be at half the standard rate of connection Charge.

200.00

WITHIN THE STATE OR TO NORTHERN IRELAND, GREAT BRITAIN, THE ISLE OF MAN AND THE CHANNEL ISLANDS.

DIGITAL

64 Kbits

2 Mbits

£

£

Connection fee

(Per Local End)

1,600

7,500

Annual Subscription

Local End (Per Kilometre)

335

4,300

See note 1.

Main Link (within the State)

1 to 40 Kilometres (Per Kilometre)

150

760

Above 40 Kilometres

(Per Kilometre)

3.50

55

Ireland —Northern Ireland, and Ireland —

Great Britain, Isle of Man and Channel Islands

See note 2.

/images/si177y94p0106.gif

6,161

32,930

Note:

1. Local End for 64 kBit and 2 MBit. to be charged in 100m steps.

2. These rates exclude the charge for national local and trunk extensions. (The main link element of the national extension is charged at the above 40 Km rate).

LINES, EXTENSIONS AND APPARATUS

Connection Charge

Annual Subscription

£

£

Internal

7.77

For each 100 metres route distance of wiring or part thereof

16.00

Removals

External: "New and Cease" basis

Internal:

Removal Charge

100.00

16.00

EXTENSIONS

External

Same charges as for main leased lines of same distance.

Internal

Route wiring distance measured from switch or "tee in" point

For each 100 metres route distance or part thereof.

16.00

7.77

Apparatus

All apparatus provided with leased lines by Bord Telecom Éireann must bear a subscription. Standard subscription applies for items for which this exists. Other items have a subscription specially assessed. The following are the items usually provided with leased lines.

Instrument

17.98

Switchboards —per indicator used

11.04

Intercommunicating switches

7.71

Condenser

2.16

TEMPORARY LEASED LINES

Single Charge

Annual Subscription

£

£

TEMPORARY LEASED LINES

Internal

16.00

Standard

Minimum

Minimum

Provision and recovery

Period One

Month

External

200.00

Standard

Minimum

Provision and Recovery

Minimum

Period One

Month

SUBSIDIARY APPARATUS-TEMPORARY See Subsidiary Apparatus Section

ANALOGUE INTERNATIONAL

Annual Rentals (Irish Share only)

ZONE see below

Telephone

Telegraph

All Uses

Voice/ Fax

200 Baud

100 Baud

75 Baud

50 Baud

£

£

£

£

£

£

Zone 1

11,000

8,300

4,800

3,600

3,000

Zone 2

16,000

12,000

-

Zone 3

22,500

22,500

10,000

7,500

6,875

6,250

Note:

1. Additional charge for M1020 quality = £780 per annum,

2. A connection charge of £200 applies to each analogue leased line regardless of the type of circuit concerned.

3. Minimum term for variable term contract is 3 months.

The states covered by the International Zones are as follows;

Zone 1: Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, and Vatican City.

Zone 2: Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovine, Bulgaria, Croatia, Cyprus, Czech republic, Egypt, Estonia, Gibraltar, Georgia, Hungary, Iceland, Israel, Kazakhstan, Kyrgystan, Latvia, Libya, Lithuania, Malta, Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, Tajikistan, Turkey, Turkmenistan, Tunisia, Ukraine, Uzbekistan and Yugoslavia (Fed Rep. of)

Zone 3: North America.

DIGITAL INTERNATIONAL

EUROLINE: DIGITAL TERRESTRIAL SERVICE TO EUROPE

Per Annum

Cable Europe Zone 1

KBS

1 Year

3 Year

5 Year

64

19,000

17,000

15,000

128

36,000

32,500

28,500

192

51,500

46,000

40,500

256

66,000

59,500

52,500

384

95,000

85,000

75,000

512

114,000

102,000

90,000

768

133,000

119,000

105,000

1,024

152,000

136,000

120,000

1,544

228,000

204,000

180,000

2,048

270,000

256,000

245,000

64

21,000

19,000

17,000

128

40,000

36,000

32,500

192

56,500

51.500

46,000

256

73,500

66,500

59,500

384

105,000

95,000

85,000

512

126,000

114,000

102,000

768

147,000

133,000

119,000

1,024

168,000

152,000

136,000

1,544

252,000

228,000

204,000

2,048

288,000

275,000

260,000

EUROSAT: DIGITAL SATELLITE SERVICE TO EUROPE

Per Annum

Europe Zone 1, 2

KBS

1 Year

3 Year

5 Year

64

33,000

31,500

30,000

128

56,000

53,500

51,000

192

82,500

79,000

75,000

256

99,000

94,500

90,000

384

148,500

142,000

135,000

512

165,000

157,500

150,000

768

198,000

189,000

180,000

1,024

231,000

220,500

210,000

1,544

297,000

283,500

270,000

2,048

370,000

355,000

340,000

SATLINE: DIGITAL SATELLITE SERVICE TO NORTH AMERICA

Per Annum

IBS/Zone 3

KBS

1 Year

3 Year

5 Year

64

30,000

28,500

27,000

128

54,000

51,500

48,500

192

75,000

71,000

67,500

256

90,000

85,500

81,000

384

120,000

114,000

108,000

512

150,000

142,500

135,000

768

180,000

171,000

162,000

1,024

210,000

199,500

189,000

1,544

270,000

256,500

243,000

2,048

330,000

315,000

300,000

LASERLINE: DIGITAL TERRESTRIAL SERVICE TO NORTH AMERICA

Per Annum

PTAT-1/TAT-8/Zone 3

KBS

1 Year

3 Year

5 Year

64

30,000

28,500

27,000

128

54,000

51,500

48,500

192

75,000

71,000

67,500

256

90,000

85,500

81,000

384

120,000

114,000

108,000

512

150,000

142,500

135,000

768

180,000

171,000

162,000

1,024

210,000

199,500

189,000

1,544

270,000

256,500

243,000

2,048

330,000

315,000

300,000

DIGITAL TERRESTRIAL SERVICE TO REST OF WORLD

Per Annum

Zone 4

KBS

1 Year

3 Year

5 Year

64

36,000

34,000

32,000

128

60,000

57,500

54,000

192

90,000

86,000

81,000

256

105,000

100,000

95,000

384

150,000

140,000

135,000

512

175,000

166,000

158,000

768

210,000

200,000

189,000

1,024

250,000

238,000

225,000

1,544

320,000

304,000

288,000

2,048

400,000

380,000

360,000

INSTALLATION CHARGES

64 Kbit/s: IR£1,600

128 Kbit/s-

768 Kbit/s: IR£5,000

1,024 Kbit/s-

2,048 Kbit/s: IR£7,500

INTERNATIONAL ZONES (DIGITAL)

The states covered by the International Zones are as follows:

Zone 1: Belgium, France, Luxembourg, Netherlands.

Zone 2: Austria, Denmark, Germany, Greece, Italy, Norway, Portugal, Spain, Sweden and Switzerland.

Zone 3: U.S.A. and Canada.

Zone 4: Japan, Hong Kong, Singapore, Australia and New Zealand.

THIRD SCHEDULE

TELEX SERVICE

(Article 93)

EXCHANGE LINES AND APPARATUS

Telex Exchange Lines

Connection Fee

Quarterly Subscription

None

£135

Telex & Telegraph Apparatus

Quarterly Subscription

£

Basic Keyboard send/receive teleprinter

75.00

Automatic send/receive (Eletromechanical) teleprinter

153.00

Automatic send/receive (Electronic) teleprinter

190.00

Electronic PACT 220 send/receive teleprinter

190.00

Paper Tape Unit for use with teleprinter type 5

 90.00

Data Telex Interface unit for use with telex line and telex printer types 2 to 5

180.00

Working Teleprinter

109.00

Working Teleprinter with Reperforator and Auto transmitter

188.00

Spare Teleprinter

 53.00

Sound Reducing Cover

 4.50

Auto Transmitter 6S/6M

 31.50

Perforator (Non-printing)

 59.00

Reperforator (Non-printing)

 66.00

Printing Perforator/Reperforator

155.00

Switchboard TG. 3517

9.00

Switchboard Type No. 15

31.50

Equipment Table DTW 2000

4.50

Equipment Table lc

2.75

Rectifier 26B

5.75

Rectifier 43A

4.50

Private Wire Control Unit

12.00

Unit Auxiliary Apparatus TG 988

1.50

Polarised Relay

2.75

Sprocket Feed (Siemens)

5.75

Baseboard 27C

1.50

Tabulator cum Sprocket Feed

12.00

75 Baud Teleprinter

151.00

Spare Auto Transmitter

15.00

Printing Reperforator

90.00

Spare Perforator

27.00

Spare non-printing Reperforator

31.50

Unit Teleprinter

5.75

Replay Switch 3201 L

2.50

Unit Terminator TG. 1148

4.50

Unit Teleprinter Broadcast No. 11

4.50

Interface Unit

19.00

Auxiliary Filter Unit No. 1

2.75

Rectifier 66C

9.00

Broadcast/Combiner Unit

9.00

Relay Stand B

1.50

Unit Aixilary Apparatus TG. 3077

9.00

Circuit Breaker 3A

1.50

Relay Switch 3102 NL

1.50

Unit Auxiliary Apparatus TG. 3078

9.00

Siemens T100 with Reperforator only (Free Standing)

181.00

Creed Teleprinter 7B/RP

181.00

Switch 2A

0.70

MODEMS INCLUDING MAINTENANCE

Speed —bits/sec.

Annual Subscription

£

200

245

600/1,200

270

2,400

735

4,800

900

9,600-Single Port

9,600-Multi Port

1,375

1,500

Maintenance only

184

TEMPORARY SERVICE

Speed —bits/sec.

Annual Subscription

£

Temporary Line with Teleprinter (per month)

299

Temporary Line without Teleprinter

235

Telex Directory

Per Issue Charge

First Entry

£1.40 per word (In excess of three words)

Second and Subsequent entries

£7.00 per entry

(Article 94)

CALL CHARGES

WITHIN THE STATE AND TO NORTHERN IRELAND, GREAT BRITAIN, THE ISLE OF MAN AND THE CHANNEL ISLANDS

Destination

Automatic Call Seconds per 22.2p

Non-Automatic Call

Per 3 Minute (Minimum)

Over 3 minutes

Within State

180

22.2p

22.2p per 3 minutes or part of three minutes

Northern Ireland

90

44.4p

14.8p per minute or part of a minute

Great Britain, Isle of Man and Channel Islands

45

88.8p

29.6p per minute or part of a minute

INTERNATIONAL

Automatic Call

Non Automatic Call

Destination

Charge per minute

Second per 22.2p

3 minute (Minimum)

Per minute or part of a minute thereafter

£

£

£

Band 1

43.0

.93

.31

Band 2

25.2

1.59

.53

Band 3

13.3

3.00

1.00

Band 4

1.68

5.04

1.68

Band 5

3.52

Band 1: Andorra, Austria, Belgium, Denmark (including Faroe Islands),Finland, France, Germany, Greece, Italy, Luxembourg, Monaco, Netherlands, Norway, Portugal (including Azores and Madeira), Spain (including Balearic and Canary Islands), Sweden, Switzerland (including Liechtenstein) and the Vatican City.

Band 2: Algeria, Armenia, Azerbaijan, Bosnia-Herzegovine, Belarus, Bulgaria, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Georgia, Gibraltar, Hungary, Iceland, Israel, Kazakhstan, Kyrgystan, Latvia, Lebanon, Libya, Lithuania, Malta, Moldova, Morocco, Poland, Romania, Russia, Slovenia, Syria, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan and Yugoslavia (Fed Rep. of)

Band 3: Canada and U.S.A..(excluding Alaska and Hawaii).

Band 4: All other states.

Band 5: Calls via Inmarsat Satellite.

Charges for Telex Calls via Pactex to Eirpac

1. The charge for a call to a Pactex Mailbox rented by an Eirpac subscriber shall be the sum of 22.2p per each three minute period or part thereof.

2. The charge for a call to an Eirpac subscriber (other than a call to a Pactex Mailbox) shall be calculated as follows:—

( a ) Telex Access For each 3 minute period or part thereof —22.2p

( b ) Pactex Access For each 1 minute period or part thereof —6.6p

( c ) Eirpac Volume and Duration

(i) Volume Charge —0.03p per segment

(ii) Duration Charge —0.50p per minute.

Telex Booth Charge

The Telex Booth Charge is a charge of £1 per call in addition to the Call Charges.

Charges for Pactex

The charge for a call to an Eirpac subscriber via Pactex shall be the sum of 22.2p per each period or part of a period specified in the Table below:

Table

Description of Call

Period

1. A call to a Pactex Mailbox

3 minutes

2. A call to an Eirpac subscriber (other than a call to a Pactex mailbox)

90 seconds

FOURTH SCHEDULE

(Article 103)

EIRPAC

Character Terminals and Dial up Terminals X.28

CONNECTION CHARGES

Speed (Bits per Sec.)

X.28 Direct

X.28 Dial Up

£

£

300

40

1,200

230

40

SUBSCRIPTION PER QUARTER

Speed (Bits per Sec.)

X.28 Direct

X.28 Dial Up

£

£

300

7.50

1,200

275

7.50

Packet Terminals X.25

Speed-Bits per Sec.

Connection Charge

Quarterly Subscription

£

£

2,400

4,800

9,600

19,200

64,000

250

250

250

250

750

425

475

550

625

875

FACILITY CHARGES —X.28 DIRECT AND X.25

Facility

Single Charge

Quarterly Subscription

£

£

Closed User Group

Reverse Charge Acceptance

Fast Select Acceptance

Direct Calling

Call Redirection

Switched Virtual Circuits* (other than the first)

Permanent Virtual Circuits X.28

Permanent Virtual Circuits X.25

20

20

20

20

20

20

20

20

5 per group

25

None

None

5.00

2.50

450.00

112.50

*Not available for X.28 Direct Customers.

OTHER CHARGES

Reconnection Charge

£16.00

Change of Network User Identity

£40.00

Pactex Mailbox:

Subscription

£25.00 per Quarter

Storage

25p for each 2,048 characters (or part thereof) per 28 days (or part thereof) after the first 28 days of storage.

CALL CHARGES

NATIONAL

Destination

X.25 Service

X.28 Service

Duration Charge per minute

Volume Charge per segment

Duration Charge per minute

Volume Charge per segment

Band 1: State and Northern Ireland

0.5p

0.03p

2.0p

0.03p

INTERNATIONAL

Destination (For Band details see below)

X.25 Service

X.28 Service

Duration Charge per minute

Volume Charge per segment

Duration Charge per minute

Volume Charge per segment

Band 2

Band 3

Band 4

Band 5

2.5p

3.5p

13.0p

15.0p

0.15p

0.20p

0.60p

0.70p

3.5p

5.0p

14.5p

16.5p

0.15p

0.20p

0.60p

0.70p

Band 2:

Andorra, Austria, Belgium, Denmark (including Faroe Islands), Finland, France, Germany, Great Britain (including Isle of Man and Channel Islands), Greece, Greenland, Iceland, Italy, Luxembourg, Monaco, Netherlands, Norway, Portugal (including Azores and Madeira), San Marino, Spain (including Balearic and Canary Islands), Sweden, Switzerland (including Liechtenstein) and the Vatican City.

Zone 3:

Algeria, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovnia, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Gibraltar, Georgia, Hungary, Israel, Kazakhstan, Kyrgystan, Latvia, Lebanon, Libya, Lithuania, Malta, Moldova, Morocco, Poland, Romania, Russia, Slovak Republic, Slovenia, Syria, Tajikistan, Tunisia, turkey, Turkmenistan, Ukraine, Uzbekistan and Yugoslavia (Fed Rep. of)

Band 4:

Canada, Mexico and the U.S.A.

Band 5:

All other states.

Calls to Global Networks will be charged in accordance with the International Access code used to access the Network.

(Article 104)

PACTEX CHARGES

(a) Duration Charge (pence per minute)

Charging Band

Character Terminals

Packet Terminal Direct Connection

Dial-UP Connection

Direct Connection

1

16.00p

16.00p

14.50p

2

38.20p

38.20p

36.70p

3

39.60p

39.60p

38.10p

4

61.60p

61.60p

60.10p

5

108.60p

108.60p

107.10p

6

176.60p

176.60p

175.10p

7

360.60p

360.60p

359. 10p

(b) Volume Charges (pence per segment)

Charging Band

Character Terminals

Packet Terminal Direct Connection

Dial-UP Connection

Direct Connection

1

2

3

4

5

6

7

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

.03p

Charging Bands:

Band 1:

Calls to destinations within the State or in Northern Ireland.

Band 2:

Calls to destinations in Great Britain, the Isle of Man, or the Channel Islands.

Band 3:

Calls to destinations in Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Monaco, Netherlands, Norway, Portugal (including Azores and Madeira), Spain (including Balearic & Canary Islands), Sweden, Switzerland (including Liechtenstein), or the Vatican City.

Band 4:

Calls to destinations in Algeria, Armenia, Azerbaijan, Bosnia-Herzegovnia, Belarus, Bulgaria, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Georgia, Gibraltar, Hungary, Iceland, Israel, Kazakhstan, Kyrgystan, Latvia, Lebanon, Libya, Lithuania, Malta, Moldova, Morocco, Poland, Romania, Russia, Slovenia, Syria, Tajikistan, Tunisia, Turkmenstan, Ukraine Uxbekistan and Yugoslavia , (Fed. Rep. of).

Band 5:

Calls to destinations in Canada or U.S.A. (excluding Alaska and Hawaii).

Band 6:

Calls to destinations in all other states.

Band 7:

Calls via INMARSAT.

FIFTH SCHEDULE

VIDEOCONFERENCE SERVICE

(Article 108)

CHARGES FROM PREMISES OF BORD TELECOM ÉIREANN

Destination

Charge per hour

Within the State (Total Cost)

£800

International (Irish Share of Charges Only)

To Northern Ireland, Great Britain, the Isle of Man and Channel Islands

£650

To Rest of Europe

£750

To the U.S.A.

£950

Additional Fee

Multipoint Calls

£100

CANCELLATION CHARGES

Notice of Cancellation

Charge

More than 48 hours

24 hours to 48 hours

Less than 24 hours

Nil

Half the applicable Videoconference Charge

Full amount of the applicable Video conference Charge.

Present when the Common Seal of Bord Telecom Éireann was affixed hereto,

this 15th day of June 1994.

NICKY RYAN,

Director.

Martin Giffney,

TEX VII,

Telecom Éireann,

St. Stephen's Green,

Dublin 2.

M. A. EGAN,

Director.

EXPLANATORY NOTE.

The purpose of the Scheme is to consolidate with amendments the provisions of all existing Schemes relating to the services provided by Bord telecom Éireann (other than the Telemessage and Foreign Telegram services) and to provide for the introduction of specified volume discounts and to effect other modifications to the Telecommunications Scheme, 1992.