Telecommunications (Amendment) Scheme, 1996.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Scheme may be cited as the Telecommunications (Amendment) Scheme, 1996.
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paragraphs: (1) The collective citation "the Telecommunications Schemes, 1994 to 1996"includes this Scheme.
(2) Articles 4(b), 4(c) and 4(d) shall be deemed to have come into operation on 17 January 1996.
(3) Article 4(k) shall be deemed to have come into operation on 1 February 1996.
(4) Articles 4(e), 4(f) and 4(g) shall be deemed to have come into operation on 7 February 1996.
(5) Articles 4(h), 4(i) and 4(j) shall come into operation on 6 March 1996.
(6) Article 4(a) shall come into operation on the date of execution of this scheme.
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paragraphs: The Interpretation Act, 1937 (No. 38 of 1937) applies to this Scheme.
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paragraphs: The Telecommunications Scheme, 1994 ( S.I. No. 177 of 1994 ) is hereby amended by:
(a) the substitution of the following Article for Article 28 thereof;
"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 needless anxiety to any person;
(d) in any manner which, in the opinion of Bord Telecom Ãireann, may adversely affect the use of any telecommunications service by other subscribers or which may adversely affect any telecommunications service as a whole;
(e) otherwise than in accordance with instructions given by Bord Telecom Ãireann from time to time under Article 5l(2)(c) of this Scheme or otherwise;
(f) for the provision by the subscriber or applicant or any other person of a voice telephony (as defined in Commission Directive 90/388/EEC, as amended) service otherwise than in accordance with a licence issued by Minister for Transport, Energy and Communications or other duly authorised licensing authority; or
(g) otherwise than in accordance with instructions given from time to time by the Minister for Transport, Energy and Communications.
(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 Ãireann, unreasonably) a specified telecommunications line.
(3) Bord Telecom Ãireann may suspend, with or without notice, all or any telecommunications services provided to, or refuse to provide such services to any person using or intending to use or intending to permit others to use such telecommunications services in contravention of this Article or in contravention of a declaration given under this Article.
(4) Bord Telecom Ãireann may suspend, with or without notice, all or any telecommunications services provided to any person or refuse to provide such services to any person if Telecom Ãireann is requested to do so by the Minister for Transport, Energy and Communications or other duly authorised licensing authority.
(5) Where Bord Telecom Ãireann 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.
(6) Where Bord Telecom Ãireann 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 Ãireann.
(7) Bord Telecom Ãireann shall be entitled to require any subscriber or applicant for a telecommunications service to declare that he is not using or permitting the use of that service in contravention of this Article or a direction given under this Article and that he does not intend to use or to permit the use of that service in contravention of this Article or a direction given under this Article.
(8) A subscriber shall comply with any directions given by Bord Telecom Ãireann as to the manner of using any telecommunications service.
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