S.I. No. 188/1985:

TELEX (AMENDMENT) (No. 2) SCHEME, 1985.

TELEX (AMENDMENT) (No. 2) SCHEME, 1985.

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. (1) This Scheme may be cited as the Telex (Amendment) (No. 2) Scheme, 1985.

(2) The collective citation "The Telex Schemes, 1980 to 1985", shall include this Scheme.

2. This Scheme shall come into operation on the 1st day of July 1985.

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

4. In this Scheme "the Regulations of 1980" means the Telex Regulations, 1980 ( S.I. No. 197 of 1980 ).

5. Regulation 4 of the Regulations of 1980 is hereby amended by

( a ) the substitution of the following definition for that of "installation":

'"installation" means a telex line and equipment associated therewith and, where the subscriber has for the purpose concluded an agreement with Bord Telecom Éireann, subscriber's terminal equipment supplied by Bord Telecom Éireann otherwise than by sale'.

( b ) the substitution of the following definition for that of "subscription":

'"subscription" means the sum or sums due in accordance with the terms of the agreement in respect of the rental of the telex line and, where the subscriber has for the purpose concluded an agreement with Bord Telecom Éireann, of the subscriber's terminal equipment.'

( c ) the insertion of the following definition after that of "subscriber's premises":

'"subscriber's terminal equipment" means equipment or apparatus either owned by a person other than Bord Telecom Éireann or supplied otherwise than by sale by Bord Telecom Éireann to the subscriber, and used or intended to be used for the enjoyment of telex service which said equipment or apparatus includes the teleprinter or other sending and receiving apparatus and the equipment associated therewith or fixtures and accessories provided for the purpose of telex service;'

( d ) the insertion of the following definition after that of "subscriber's terminal equipment":

'"telegram" includes, without prejudice to the generality of its definition under the Telegraph Acts 1863 to 1953, messages conveyed through the agency of electric, magnetic, electro-magnetic, electro-chemical, or electro-mechanical energy or otherwise and which consist of, comprise or appear as:--

(i) speech, music and other sounds;

(ii) visual images;

(iii) signals serving for the impartation (whether as between persons and persons, things and things or persons an things) of any matter otherwise than in the form of sound or visual images; and

(iv) signals serving for the actuation or control of machinery or apparatus;'

( e ) the substitution of the following definition for that of "teleprinter":

'"teleprinter" means a telegraphic transmitting or receiving instrument used or intended to be used for the purpose of transmitting or receiving telegrams by means of electricity or otherwise.'

( f ) the substitution of the following definition for that of "telex line":

'"telex line" means a line or circuit or appartus provided for the purpose of maintaining continuous connection between a subscriber's premises and a telex exchange or other premises together with any apparatus, equipment, fixtures of accessories associated therewith'.

( g ) the substitution of the following definition for that of "telex service":

'"telex service" means a service whereby telegrams may be sent between the sender and the recipient through the public switched telex exchange system under the control of Bord Telecom Éireann.'

6. Regulation 9 of the Regulations of 1980 is hereby amended by:

( a ) the substitution fo the words "a subscriber" for the words "an applicant" in paragraph (3);

( b ) the deletion in paragraph (4) (inserted by Regulation 4(a) of the Telex (Amendment) Regulations, 1981 ( S.I. No. 107 of 1981 )) of the word "Exchange"; and

( c ) the substitution of the following paragraph (5) (inserted by paragraph 5 (b) of the Telex (Amendment) Scheme 1985 ( S.I. No. 80 of 1985 )):

"The subscriber shall pay on demand to Bord Telecom Éireann for the use of the subscriber's terminal equipment supplied by Bord Telecom Éireann otherwise than by sale the subscriptions specified in Part V of the Schedule to these Regulations as appropriate to the type of equipment."

7. Regulation 13 (2) of the Regulations of 1980 is hereby amended by:

( a ) the substitution of the following sub-paragraph for sub-paragraph (b):

"make any attachment to an installation or other subscriber's terminal equipment, or place anything in electrical connection therewith,"

( b ) the substitution of the following sub-paragraph for sub-paragraph (c):

"place or use in any manner or position in relation to the installation or other subscriber's terminal equipment anything that may in the opinion of Bord Telecom Éireann have a harmful effect on the installation or on its use for the purpose for which it is provided, or,"

( c ) the substitution of the following sub-paragraph for sub-paragraph (d):

"place or use anything (unless provided for the purpose by Bord Telecom Éireann) in such a manner or position in relation in relation to the installation or other subscriber's terminal equipment that it transmits or enables to be transmitted any message or other communication to or from or by means of the installation or other subscriber's terminal equipment,".

8. Regulation 14 (1) of the Regulations of 1980 is hereby amended by the substitution of the following paragraph for paragraph (1):

"The subscriber shall grant to Bord Telecom Éireann every reasonable facility in his power for the construction, examination and maintenance of the installation and, where appropriate, other subscriber's terminal equipment and shall permit the officers, servants and agents of Bord Telecom Éireann at all reasonable times to have free access to the subscriber's premises for the purposes aforesaid."

9. In Regulations 33 (2) and 35 (1) of the Regulations of 1980 there shall be inserted in each case after the word "installation" the words "or other subscriber's terminal equipment".

10. In Regulations 35 (2) and 36 (1) and (2) (as amended by Section 8 (1) and the Fourth Schedule, Part II, of the Postal and Telecommunications Services Act 1983 (No. 24 of 1983)) there shall be inserted in each case after the words "sending or receiving apparatus" the words "or other subscriber's terminal equipment".

11. Regulation 36 (3) of the Regulations of 1980 is hereby amended by the insertion after the word "installation" of the words "or sending or receiving apparatus or other subscriber's terminal equipment supplied by a licensee of the Minister for Communications".

12. The Regulations of 1980 are hereby amended by the substitution of the following for Part V of the Schedule thereto (inserted by paragraph 5 (c) of the Telex (Amendment) Scheme, 1985 ( S.I. No. 80 of 1985 )):

"Part V

"

GIVEN under the Common Seal of Bord Telecom Éireann this 28th

day of June 1985.

FRANK CONROY,

Director.

PAUL KAVANAGH,

Director.

Witnessed by J. JOYCE,

Executive Director,

Telecom Eireann.

EXPLANATORY NOTE

The purpose of this Scheme is to provide for the supply of telex network service on a rental basis independently of the supply of teleprinters, and to fix separately the telex line and teleprinter rental elements (previously combined into an overall telex service rental) hitherto forming the rental charges.