S.I. No. 186/1993:

TELECOMMUNICATIONS (AMENDMENT) (NO. 2) SCHEME, 1993.

TELECOMMUNICATIONS (AMENDMENT) (NO. 2) SCHEME, 1993.

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. 2) Scheme, 1993.

2. The collective citation "the Telecommunications Schemes, 1992 and 1993" includes this Scheme.

3. (1) This Scheme, in so far as it specifies tariffs in respect of the Eircell Analogue Service, shall come into operation on 1 July 1993.

(2) This Scheme, in so far as it provides for matters other than those mentioned in paragraph (1) of this Article, shall come into operation on 25 June 1993.

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

5. The Telecommunications Scheme, 1992 ( S.I. No. 19 of 1992 ) is hereby amended by:

( a ) the substitution of the following definition for the definition of "Eircell" in Article 5 (1):

" "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;";

( b ) the insertion of the following after "Eircell" in Article 5 (1):

" "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;";

( c ) the substitution of the following definition for the definition of "Eircell equipment" in Article 5 (1):

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

( d ) the insertion of the following after "Eircell equipment" in Article 5 (1):

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

( e ) the insertion of the following after "Eircell GSM equipment" in Article 5 (1):

" "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;";

(f) the insertion of the following after "Eircell GSM subscriber" in Article 5(1):

" "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;";

( g ) the substitution of the following definition for the definition of "telephone" in Article 5 (1):

" "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;";

( h ) the substitution of the following Article for Article 74:

"74. 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.";

(i) the substitution of the following Article for Article 76:

"76. (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.";

( j ) the substitution of the following Article for Article 77:

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

( k ) the substitution of the following Article for Article 78:

"78. (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.";

(1) the revocation of Article 79 and Article 80; and

( m ) the substitution of the following Part 7 for Part 7 of the First Schedule thereto:

"

PART 7

Eircell

Article 78

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 telephones 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 the 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 telephones 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 Bane 5 states and territories:

Notes:

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

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

-- the 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:

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

-- the 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:

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

-- the 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:

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

-- the 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:

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

-- the 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:

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

-- the 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:

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

-- the 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-Hercegovnia, Bulgaria, Croatia, Cyprus, Czech and Slovak Fed. Rep., Egypt, Estonia, Georgia, Gibraltar, Hungary (Rep. of), Israel, Kazakhstan, Kyrgyzstan, 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, 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.

B. Subscription

C. Connection Charges

D. Other Services and Facilities

PRESENT when the Common Seal of Bord Telecom Éireann was affixed hereto this 24th day of June, 1993.

BERNADETTE ROCHE,

Bord Telecom Éireann,

Merrion Row, Dublin 4.

Assistant Principal.

COLM McFADDEN,

Director.

NICK RYAN,

Director.

EXPLANATORY NOTE.

The purpose of this Scheme is to provide for the introduction of Eircell GSM Service and a reduction in tariffs for Eircell Analogue Service.