S.I. No. 194/1995:

TELECOMMUNICATIONS (PREMIUM RATE TELEPHONE SERVICE) SCHEME, 1995.

TELECOMMUNICATIONS (PREMIUM RATE TELEPHONE SERVICE) SCHEME, 1995.

BORD TELELCOME 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 (Premium Rate Telephone Services) Scheme, 1995.

2. This Scheme shall come into operation on 17 July, 1995.

3. The collective citation "the Telecommunications Schemes, 1994 and 1995" includes this Scheme.

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

5. (1) In this Scheme:

"Premium Rate Telephone Service" means a telephone service in respect of which part of the telephone charge paid or payable by a telephone subscriber or caller in respect of the call is passed by Bord Telecom Éireann or another telecommunications network operator, directly or indirectly, to an individual, organisation or company which is participating in the provision of the service:

"Regulator" means Regulator of Premium Rate Telephone Services Limited a limited company registered in Ireland (No. 234027) or a similar body or person which may be appointed by Bord Telecom Éireann in addition to or in substitution for Regulator of Premium Rate Telephone Services Limited;

"Service Provide" means a person, other than Bord Telecom Éireann, which participates with Bord Telecom Éireann (or with another telecommunications network operator within or outside the State) in the provision of a Premium Rate Telephone Service.

(2) References in this Scheme to the use or provision of a Premium Rate Telephone Service by a telephone subscriber or caller or Service Provider shall be construed as references to use or provision by means of facilities provided to such telephone subscriber or caller or Service Provider by Bord Telecom Éireann, whether the Premium Rate Telephone Service is used or provided by the subscriber, caller or Service Provider or by another person and (whether or not such person is acting with the authority of the subscriber, caller or Service Provider).

(3) In this Scheme, except so far as the contrary is provided for 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 or 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 provisions 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, the Postal and Telecommunications Services Acts, 1983 and 1984 or the Telecommunications Schemes, 1994 and 1995 and, for the avoidance of doubt, including meanings assigned by any amendment, re-enactment or replacement of such Acts or schemes shall, in this Scheme include, except where the context otherwise requires, the meaning so assigned.

6. 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.

7. A Service Provider shall comply at all times with and Code of Practice, as amended from time to time, published by the Regulator or any other competent authority, which applies to or otherwise affects a Premium Rate Telephone Service.

8. A Service Provider shall, with respect to Premium Rate Telephone Services in the provision of which it participates, abide by any instruction, direction, recommendation, opinion or advice that the Regulator gives with regard to the Premium Rate Telephone Services generally or with regard to a particular type of such Premium Rate Telephone Service.

9. A Service Provider must not provide or cause or permit to be provided in a Premium Rate Telephone Service any information or material any part of which would, or the sending of which over the telecommunications networks of Bord Telecom Éireann would be a criminal offence or otherwise unlawful in Ireland.

10. A Service Provider shall ensure that a Premium Rate Telephone Service in the provision of which it participates is not used:

(i) for the transmission of any message or other matter which is grossly offensive or of an indecent, obscene or menacing character;

(ii) for the transmission of any message or other matter which the Service Provider, its servants, agents or contractors knows to be false, for the purpose of causing annoyance, inconvenience, or needless anxiety to any person.

11. Bord Telecom Éireann shall be entitled to require that any Premium Rate Telephone Service which is considered by the Regulator to be of a sexually suggestive or titillating nature or in respect of which the associated promotional material is considered by the Regulator to be of a sexually suggestive or titillating nature be accessible to telephone subscribers:

( a ) only on a telephone number with a prefix determined for that purpose by BTE; and,

( b ) only by making use of a unique personal identification number (PIN) allocated to telephone subscribers, on request, by BTE.

12. Unless otherwise determined by the Regulator, the Service Provider shall effect the automatic termination of each Call which has not otherwise terminated, on the expiry of such period of time as may be determined by Bord Telecom Éireann or the Regulator.

13. Bord Telecom Éireann or the Regulator may from time to time require that Premium Rate Telephone Services of a particular type or category shall be accessible to callers only by telephone numbers with a prefix or range determined by Bord Telecom Éireann and the Service Provider shall comply with that requirement.

14. (1) If Bord Telecom Éireann considers that a Service Provider is in breach of this Scheme or of any provision of any other scheme made by Bord Telecom Éireann or of any agreement with Bord Telecom Éireann, or if Bord Telecom Éireann is directed by the Regulator pursuant to a Code of Practice published by the Regulator, Bord Telecom Éireann shall be entitled to bar access to some or all Premium Rate Telephone Services offered or provided by the Service Provider (without prejudice to its right of termination of an agreement with a Service Provider pursuant to article 16 of this Scheme) by telephone subscribers and callers until such time as the breach has been remedied or the Service Provider has given undertakings to the satisfaction of Bord Telecom Éireann or the Regulator or until the expiry of the period of time specified by the Regulator.

(2) Bord Telecom Éireann shall inform a Service Provider as soon as is reasonably practicable that access to a Premium Rate Telephone Service is to be or has been barred pursuant to Article 14 (1) of this Scheme.

15. (1) If Bord Telecom Éireann considers that:

(i) the Service Provider is not providing a bona fide Premium Rate Telephone Service; or

(ii) the Service Provider is conducting its business illegally or for an illegally purpose; or

(iii) the Premium Rate Telephone Service or the information being conveyed thereon is being used in connection with the carrying out of a fraud or a criminal offence against Bord Telecom Éireann or any other telecommunications network provider

Bord Telecom Éireann may (without prejudice to its right of termination of an agreement with a Service Provider pursuant to Article 16 of this Scheme) bar access to any or all Premium Rate Telephone Services by subscribers and callers.

(2) Bord Telecom Éireann shall inform a Service Provider as soon as is reasonably practicable that access to a Premium Rate Telephone Service is to be or has been barred pursuant to Article 15 (1) of this Scheme.

16. Bord Telecom Éireann may, without prejudice to any right or remedy of Bord Telecom Éireann under an agreement with a Service Provider or this Scheme and notwithstanding the waiver of any previous breach, terminate at any time all or any agreements with a Service Provider by notice in writing to that effect as and from the date of such notice if Bord Telecom Éireann considers that the Service Provider is in breach of any provision of this Scheme or of any provision of any other Scheme made by Bord Telecom Éireann or of any agreement of Bord Telecom Éireann or if Bord Telecom Éireann considers that the circumstances give rise to the entitlement of Bord Telecom Éireann to invoke Article 15 (1) of this Scheme or if Bord Telecom Éireann is directed by the Regulator that the Service Provider should no longer be permitted to provide Premium Rate Telephone Services.

17. Bord Telecom Éireann, having barred access to Premium Rate Telephone Services pursuant to this Scheme or terminated an agreement with a Service Provider pursuant to this scheme, may refer to the Regulator any requested restoration of access to such Premium Rate Telephone Services or any request from the Service Provider that Bord Telecom Éireann enter into a new agreement with the Service Provider in respect of Premium Rate Services and Bord Telecom Éireann shall, in deciding whether to restore access or enter into a new agreement give due consideration to the views of the Regulator thereon.

18. The Service Provider shall, on request, provide Bord Telecom Éireann or the Regulator (or both) with such information or material relating to the Premium Rate Telephone Service or Information or a future Premium Rate Telephone Service or Information as Bord Telecom Éireann or the Regulator (or both) may reasonably request in order to carry out any investigation in connection with the Premium Rate Telephone Service or Information.

19. There shall be charged to a telephone subscriber or caller and paid for a call to a Premium Rate Telephone Service provided under an agreement between a Service Provider and Bord Telecom Éireann, the appropriate charge specified in a notice published by Bord Telecom Éireann, in a national daily newspaper published in the State.

20. Article 62, Telecommunications Scheme, 1994 ( S.I. No. 177 of 1994 ) is hereby revolved.

21. Paragraph 2 of Section II of Part 6 of the First Schedule, Telecommunications Scheme, 1994 ( S.I. No. 177 of 1994 ) is hereby revoked.

22. The definition of "Telephone Information Service" set out in Article 5 (1), Telecommunications Scheme, 1994 (S.I. 177 of 1994) is hereby revoked.

PRESENT when the Common Seal of Bord Telecom Éireann

was affixed hereto this 17th day of July, 1995.

C. McFADDEN,

Director.

NICKY RYAN,

Director.

BERNADETTE ROCHE,

Bord Telecom Éireann,

St. Stephen's Green West,

Dublin 2.

Assistant Principal.

EXPLANATORY NOTE.

The purpose of this Scheme is to provide for the terms and conditions upon which Bord Telecom Éireann provides or assists in the provision of Premium Rate Telephone Services and to provide for the Regulation of Premium Rate Telephone Services