Eircell Scheme 1985.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Scheme may be cited as the Eircell Scheme 1985.
num: 2
paragraphs: This Scheme shall be deemed to have come into operation on 1st September, 1985.
num: 3
paragraphs: The Interpretation Act, 1937 (no. 38 of 1937), applies to this Scheme.
num: 4
paragraphs: Whether or not Subscribers to Eircell are Subscribers to any other service operated by Bord Telecom Ãireann, this Scheme shall apply in addition to the applicable provisions of the Postal and Telecommunications Services Acts 1983 and 1984 and of the appropriate schemes of Bord Telecom Ãireann relating to telecommunications services in force from time to time under the said Acts as if they were Subscribers to such other services and in addition to the provisions of the Telegraph Acts 1863 to 1921 and of the Wireless Telegraphy Acts 1926 to 1972 and any measures replacing or amending them. In particular, the provisions of the Scheme entitled Telephone Regulations, 1980 ( S.I. no. 195 of 1980 ), as amended from time to time, shall be deemed applicable unless the Agreement for Eircell Service otherwise requires or unless provision is made separately in this Scheme or in such Agreement for Eircell Service.
num: 5
paragraphs: In this Scheme, except and in so far as the contrary is provided for or the context requires otherwise, the following expressions have the meaning respectively assigned to them:
"Eircell" is the term assigned by Bord Telecom Ãireann to the cellular radio telephone system or network for which provision is made under this Scheme whereby cellular radio telephone service is provided through the public switched telephone exchange system (the fixed telephone network) and a wireless telegraphy link provided by means of a cellular radio system or network and, where the context so admits or requires, applies to apparatus, facilities or service pertaining to the said cellular radio telephone system or network and the terms "Eircell" and "Eircell Service" shall be construed accordingly.
"Agreement for Eircell Service" has the meaning assigned to it by paragraph 6 of this Scheme.
"Eircell Equipment" means a cellular radio telephone (whether mobile or portable) within the Eircell Service to which service is provided in accordance with the Agreement for Eircell Service and includes other equipment and apparatus pertaining to the same.
num: 6
paragraphs: Every applicant for Eircell Service shall, before he is provided with such service, be required to enter into an agreement with Bord Telecom Ãireann for that purpose and such agreement shall be known as the "Agreement for Eircell Service" (or where hereinafter convenient "the Agreement") and following completion of such Agreement by each party the applicant shall be known as the "Subscriber".
num: 7
paragraphs: Subject to paragraph 15 hereof, where an Agreement for Eircell Service is executed by Bord Telecom Ãireann 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 Ãireann or the Subscriber.
num: 8
paragraphs: Where equipment or apparatus in connection with the Eircell Service is purchased or leased by the Subscriber or applicant the terms of such purchase or leasing shall not be governed by this Scheme except to the extent provided for in paragraph 10 hereof.
num: 9
paragraphs: Bord Telecom Ãireann shall provide to the Subscriber the Eircell Service, equipment and apparatus listed in the Agreement in accordance with the terms of such Agreement and of this Scheme but no other conditions shall be deemed to govern such provision unless agreed in writing by Bord Telecom Ãireann after the execution by each party of the Agreement.
num: 10
paragraphs: Bord Telecom Ãireann reserves the right at all times to:
( a ) issue such instructions concerning the use of the Eircell Service as it deems to be necessary from time to time whether in order to ensure the integrity, quality of service and safety for all subscribers, or otherwise; and
( b ) alter the name or number of the Subscriber's Eircell telephone number or other code name or number allocated by Bord Telecom Ãireann from time to time for use in connection with the Eircell Service.
num: 11
paragraphs: ( a ) The Subscriber shall pay to Bord Telecom Ãireann in respect of any call or attempted call originated from Eircell Equipment, except where Bord Telecom Ãireann otherwise determines or the subscriber agrees otherwise with Bord Telecom Ãireann, charges calculated in accordance with the First Schedule of this Scheme.