S.I. No. 134/1995:

TELECOMMUNICATIONS (AMENDMENT) (NO. 3) SCHEME, 1995.

TELECOMMUNICATIONS (AMENDMENT) (NO. 3) SCHEME, 1995.

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:

1. This Scheme may be cited as the Telecommunications (Amendment) (No. 3) Scheme, 1995.

2. (1) The collective citation "the Telecommunications Scheme, 1994 and 1995" includes this Scheme.

(2) This Scheme shall come into operation on 26 May, 1995.

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

4. The Telecommunications Scheme, 1994 ( S.I. No. 177 of 1994 ) is hereby amended by the substitution of the following Part 7 for Part 7 of the First Schedule thereto:

"PART 7

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:

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

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 Channel Islands:

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:

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

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

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

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

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

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:

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

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:

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:

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:

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:

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

( b ) 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 Eireann.

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

( d ) Off-Peak applies to calls made between 6 p.m. and 8 a.m., Monday to Friday (inclusive).

( e ) Weekend Rate applies to calls made on Saturdays, Sundays and Public Holidays and other days announced by Bord Telecom Eireann.

( f ) The Eircell Business tariff package will be applied to a subscriber to the Eircell Analogue Service unless and until such subscriber notifies Bord Telecom Eireann, in such manner as may be required by it, that he:

(i) elects for the Eircell Personal Tariff package; and.

(ii) agrees to pay Eircell Personal accounts by direct debit, if required.

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

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

( b ) 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 Eireann.

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

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

( b ) 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 Eireann.

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

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

( b ) 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 Eireann.

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

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

( b ) 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 Eireann.

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

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

( b ) 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 Eireann.

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

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

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

(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 and 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, Domican Republic, Genada, Jamaica, Mexico, Montserrat, 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 Kong, 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 telephone 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

NOTES:

( a ) The subscription in respect of Analogue Service (Eircell Personal) is inclusive of a credit of £11 in respect of chargeable calls described in paragraph 1 of Part A of this part of this Schedule. In the event that in any month the total charge in respect of such calls does not exceed £11, the remaining credit may not be carried forward to the following month and the subscriber shall lose the benefit thereof.

( b ) The Eircell Business tariff package will be applied to a subscriber to the Eircell Analogue Service unless and until such subscriber notifies Bord Telecom Eireann, in such manner as may be required by it that he:

(i) elects for the Eircell Personal Tariff package; and

(ii) agrees to pay Eircell Personal accounts by direct debit, if required.

C. CONNECTION CHARGES

D. OTHER SERVICES AND FACILITIES

PRESENT when the Common Seal of Bord Telecom Eireann was affixed

hereto this 26th day of May, 1995.

NICKY RYAN,

Director.

JAMES CROTTY,

Director.

EXPLANATORY NOTE.

The purpose of this Scheme is to provide for the Eircell Personal tariff package for Analogue Service and to re-title the existing Analogue Service tariff package as "Eircell Business".