Telecommunications Scheme, 1990.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Scheme may be cited as the Telecommunications Scheme, 1990.
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paragraphs: This Scheme shall come into operation on the second day of April, 1990.
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paragraphs: The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme
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paragraphs: The
Telephone Regulations, 1980 ( S.I. No. 195 of 1980 ),
Telephone (Amendment) Regulations, 1980 ( S.I. No. 332 of 1980 ),
Telephone (Amendment) Regulations, 1981 ( S.I. No. 106 of 1981 ),
Telephone (Amendment) (No. 2) Regulations, 1981 ( S.I. No. 194 of 1981 ),
Telephone (Amendment) (No. 3) Regulations, 1981 (S.I. No. 402 of 1981),
Telephone (Amendment) Regulations, 1982 ( S.I. No. 39 of 1982 ),
Telephone (Amendment) (No. 2) Regulations, 1982 ( S.I. No. 64 of 1982 ),
Telephone (Amendment) Regulations, 1983 ( S.I. No. 73 of 1983 ),
Telephone (Amendment) Scheme, 1984 ( S.I. No. 244 of 1984 ),
Telephone (Amendment) (No. 2) Scheme, 1984 ( S.I. No. 317 of 1984 ).
Telephone (Amendment) Scheme, 1985 ( S.I. No. 81 of 1985 ),
Telephone (Amendment) (No. 2) Scheme, 1985 ( S.I. No. 324 of 1985 ),
Telephone (Amendment) (No. 3) Scheme, 1985 ( S.I. No. 325 of 1985 ),
Telephone (Amendment) (No. 4) Scheme, 1985 ( S.I. No. 415 of 1985 ),
Telephone (Amendment) Scheme, 1986 ( S.I. No. 78 of 1986 ),
Telephone (Amendment) Scheme, 1988 ( S.I. No. 185 of 1988 ).
Telephone (Amendment) (No. 2) Scheme, 1988 ( S.I. No. 256 of 1988 ).
Telephone (Amendment) Scheme, 1989 ( S.I. No. 189 of 1989 ),
Telephone (Amendment) (No. 2) Scheme, 1989 ( S.I. No. 257 of 1989 ),
Eircell Scheme, 1985 ( S.I. No. 414 of 1985 ),
Eircell (Amendment) Scheme, 1986 ( S.I. No. 80 of 1986 ),
Eircell (Amendment) Scheme, 1988 ( S.I. No. 257 of 1988 ),
Eircell (Amendment) Scheme, 1989 ( S.I. No. 256 of 1989 ),
Telex Regulations, 1980 ( S.I. No. 197 of 1980 ),
Telex (Amendment) Regulations, 1981 ( S.I. No. 107 of 1981 ).
Telex (Amendment) (No. 2) Regulations, 1981 ( S.I. No. 295 of 1981 ),
Telex (Amendment) (No. 3) Regulations, 1981 (S.I. No. 403 of 1981),
Telex (Amendment) Regulations, 1982 ( S.I. No. 40 of 1982 ),
Telex (Amendment) (No. 2) Regulations, 1982 ( S.I. No. 65 of 1982 ),
Telex (Amendment) Regulations, 1983 ( S.I. No. 74 of 1983 ),
Telex (Amendment) Scheme 1984 ( S.I. No. 82 of 1984 ),
Telex (Amendment) Scheme, 1985 ( S.I. No. 80 of 1985 ),
Telex (Amendment) (No. 2) Scheme, 1985 ( S.I. No. 188 of 1985 ),
Telex (Amendment) Scheme, 1986 ( S.I. No. 79 of 1986 ),
Telex (Amendment) Scheme, 1988 ( S.I. No. 186 of 1988 ),
EIRPAC (Irish National Packet Switched Data Network) Scheme, 1984 ( S.I. No. 311 of 1984 ), and
Eirmail (Computer Messaging Service) Scheme, 1985 ( S.I. No. 323 of 1985 ).
are hereby revoked.
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paragraphs: (1) In this Scheme:
"the Acts" means 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 Ãireann 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;
"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;
"certified" means certified by an employee of Bord Telecom Ãireann;
"coinbox" means a receptacle for coins (or a device for recording other means of payment) connected to a telephone to which is connected a telephone exchange line;
"coinbox exchange line" means a telephone exchange line with which is connected a coinbox;
"Eircell" is the name assigned by Bord Telecom Ãireann to the cellular radio telephone system operated by it 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 fixtures and accessories pertaining to the said cellular radio telephone system or network and the terms "Eircell" and "Eircell Services" shall be construed accordingly;
"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;
"Eircell subscriber" means a person with whom Bord Telecom Ãireann 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;
"Eirmail" is the name assigned by Bord Telecom Ãireann to the Eirmail Computer Messaging Service and Eirmail Service operated by it and, where the context so requires or admits, applies to fixtures and accessories pertaining to the said service;
"Eirmail computer" means switching and computer equipment and apparatus which forms part of the Eirmail Computer Messaging Service operated by or on behalf of Bord Telecom Ãireann whether or not in conjunction with others for the purposes of storing and conveying messages or information in the form of data by means of telecommunications and, where the context so admits or requires, includes the building, vehicle or other external covering which houses such equipment and apparatus;
"Eirmail service" refers to the Eirmail computer Messaging Service and includes, where the context requires or admits, any facilities, fixtures and accessories comprised in it;
"Eirmail subscriber" means a person with whom Bord Telecom Ãireann makes or has made an agreement for the purposes of providing such person with Eirmail service and also means a person to whom such; service has been or is being provided;
"Eirpac" is the name assigned by Bord Telecom Ãireann 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 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 Ãireann 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 Ãireann;
"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 Ãireann 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 Ãireann in respect of a service rendered to the said person;
"fixed time call" means a telephone call to be effected at or about a time specified in advance by a telephone subscriber or caller;
"fixed time charge" means a charge in respect of a fixed time call or in respect of an attempt to effect a fixed time call;
"fixtures and accessories", means fixtures and accessories owned and provided by Bord Telecom Ãireann 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 Ãireann 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 connected to the telephone exchange line of a telephone subscriber identifiable by a 1850 number allocated by Bord Telecom Ãireann and which 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 52 of this Scheme;
"Internal extension" means an extension line wholly within or intended to be wholly within a subscriber's premises and by means of which two points within a subscriber's premises are connected or intended to be connected for the purpose of conveying telecommunications messages;
"local call" means any telephone call referred to in Article 53 of this Scheme;
"packet switching exchange" means an exchange forming part of Eirpac and which is operated by Bord Telecom Ãireann 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"s 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 inter-communication between the extension lines and communication between the extension lines and the telephone exchange lines;
"private telecommunications circuit" means a telecommunications line, fixtures and accessories which connect one subscriber's premises with another subscriber's premises or another premises of the same subscriber (or in the case of a private telecommunications circuit between a point in the State and a point outside the State, a premises of any person) and which is rented from Bord Telecom Ãireann by the person or persons whose premises is or are so connected for his or their use for the purpose of transmitting and receiving telecommunications messages between such premises on his or their business or private affairs (and includes all other fixtures and accessories associated therewith);
"private telecommunications circuit subscriber" means a person with whom Bord Telecom Ãireann makes or has made an agreement for the purpose of enabling such person to communicate by means of a private telecommunications circuit and also means a person to whom such circuit has been or is being provided;
"public telephone" means a coinbox exchange line (other than a coinbox exchange line rented by a telephone 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 Ãireann 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 Ãireann 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 Ãireann, 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 Ãireann 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 Ãireann) 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 67 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, 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 Ãireann 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 or facility;
"telephone" means a transmitting or receiving instrument used or intended to be used for the purpose of transmitting or receiving telephonic messages and includes Eircell equipment;
"telephone call" means a call made to or from a telephone;
"telephone exchange" means an exchange forming part of the Bord Telecom Ãireann 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 52 of this Scheme;
"telephone information service" means a service (whether provided by Bord Telecom Ãireann or by others or by Bord Telecom Ãireann 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 Ãireann and includes, where the context admits or requires, any service or facility provided by Bord Telecom Ãireann and comprised in such service;
"telephone subscriber" means a person with whom Bord Telecom Ãireann 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 purpose 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 Ãireann or its agents as the case may be;
"telex exchange" means an exchange forming part of the Bord Telecom Ãireann 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 Ãireann;
"telex subscriber" means a person with whom Bord Telecom Ãireann 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;
"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 Ãireann;
"urgent call" means a trunk call for which precedence is requested by the telephone subscriber or caller and to which Bord Telecom Ãireann assigns such degree of precedence over other trunk calls which it considers appropriate;
"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 Ãireann makes or has made an agreement for the purpose of enabling such person to use the videoconference service of Bord Telecom Ãireann 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 includes, except where the context otherwise requires, the meaning so assigned.
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paragraphs: 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
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paragraphs: The Articles in this Part of this Scheme apply to telecommunications services generally.
Chapter 2 — Agreements
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paragraphs: 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.
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paragraphs: A subscriber shall not, except with the written consent of Bord Telecom Ãireann, 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
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paragraphs: Subject to the Acts, any subscription payable under this Scheme shall commence, unless otherwise provided in this Scheme or otherwise decided by Bord Telecom Ãireann or otherwise agreed, on the day when Bord Telecom Ãireann first makes available to the subscriber the telecommunications service to which the subscription relates. Bord Telecom Ãireann 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.
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paragraphs: Unless otherwise agreed or Bord Telecom Ãireann otherwise decides, all subscriptions, fees, charges, expenses, damages and security deposits payable to Bord Telecom Ãireann 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 Ãireann at such intervals and on such dates (whether in advance or in arrear, or partly in advance or partly in arrear) as Bord Telecom Ãireann may from time to time decide, either generally or in relation to a particular service or a particular subscriber.
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paragraphs: (1) In an account rendered to a subscriber of charges for use of a telecommunications service it shall not be necessary for Bord Telecom Ãireann to furnish particulars of either:
( a ) The number of calls made; or,
( b ) the individual charges in respect of such calls.