Administrative Rule no. 487/72, of 22 of August
Published in D.R. number 195 (Series I) of 22 August 1972
Ministério das Comunicações - Correios e Telecomunicações de Portugal (Ministry of Communications - Post and Telecommunications of Portugal)
(This is not an official translation of the law)
1. Due to the appreciable and ever increasing development that telex service has undergone, it is deemed appropriate to define thoroughly the norms governing the use of this same service.
The present Regulation has been published for this purpose and it closely follows the International Regulations as well the similar CTT administrative regulations.
2. This Regulation lays down the general guidelines for the telex service within its own characteristics since the beginning. On the other hand, an endeavour is being made to guide the evolution of this service with the introduction of new kinds, in particular the data transmission with a speed above 50 bauds as is already in operation in other countries.
3. The publication of this Regulation emerges at a time when CTT are in a recovering phase of existing technological delays so as to be able to correspond to the requests in particular from the development of national economic activities.
Maintaining the installation rate of new teleprinters reached in 1971, the number of stations shall double in less than four years which shall reduce considerably.
Due to the awareness of the present situation inconveniences, the norms regulating the use of existing stations, for the time being, are less strict than they should have been. However, the public company may legally intervene in the cases where such a usage is characterised by manifest irregularity.
Under these terms:
The Government of the Portuguese Republic orders through the Secretary of State for Communications and Transport and under the terms of article 25, nr. 1, subsection i) of annex I to Statute Law no. 49 368 of 10 November 1969 - CTT Articles of Association - the Regulations governing the Public Use of the Telex Service included in the present Administrative rule to be approved.
Regulations governing the Public Use of the Telex Service
Definitions and general provisions
The subscriber telegraph service which allows the users to communicate directly amongst themselves through teleprinters connected in network constitutes the "telex service".
(Concession to use the "telex" service)
1. The concession to use the telex service is the form governed by this Regulation where CTT puts a private telex station at the disposition of whoever requests one and is accepted as a subscriber.
2. The concession of a private telex station depends on the pre-payment of the installation fee. For all legal purposes, this payment constitutes the subscriber's adhesion to all regulatory telex service norms, namely, the obliging him to pay later on the debits resulting from the use of that service.
(Non-transferable nature of concession)
1. The concession of the telex service use is personal and non-transferable, therefore it cannot be negotiable nor transferable, except in cases expressly foreseen by article 29.
2. The provisions of this article relating to the concession of use of the telex service are applicable for the telex stations applications referred to in article 4.
Installation of stations
Registration for the concession of use of the telex service shall be requested from CTT in an application signed by the concerned party , in which he clearly identifies himself, indicates the premise where he intends to have the telex station installed and refers to the legal conditions under which he resides in the said site.
(Order of application's fulfilment)
Applications shall be fulfilled by the chronological order of their registration in the sectors in which, for this purpose, the metropolitan territory has been divided, without prejudice of the exceptions that eventually may be set by the Government.
(Confirmation of applications)
1. At the time to fulfil the application, CTT may invite the applicant, by means of registered letter with recorded delivery, to confirm, update, complete or modify the application within a specified deadline and present the information deemed necessary for CTT's decision about the acceptance of the applicant as a telex service subscriber.
2. Should the information referred to in the preceding number not be presented within the deadline due to a fault imputable to the applicant, the application shall be annulled and the interested party shall lose any rights inherent in this application.
3. Should, at any time, the data provided by the applicant prove to be incorrect or false, this shall serve as sufficient basis for CTT to annul the effects of the application or revoke the concessions they have granted based on the said information.
(Granting of concessions)
Once the applicant's application has been completed, CTT shall make a decision about the concession of the use of the telex service, taking eventually the following into account :
a. Other existing or past relations between the applicant and CTT;
b. The applicant's solvency;
c. The legal conditions under which the indicated premise for the installation of the station;
d. The characteristics of the requested equipment;
e. Other relevant circumstances.
(Premise for the installation of the station)
1. The indicated premise for the installation of the station shall in fact be occupied and operated by the subscriber and shall obey to the minimum requirements set by CTT as regards dimensions, protection and safeguard of the equipment and as regards the safety and comfort of the staff feed with the assembly and maintenance of the said equipment.
2. The subscriber shall be responsible for the installation of the power circuits necessary for the operation of the station.
(Equipment by CTT)
The equipment for the telex stations shall be normally supplied, installed and maintained by CTT.
(Equipment supplied by the subscriber)
1. The subscriber may be authorised to use equipment which CTT does not possess provided that the operation of this equipment meets the technical and operational norms established by CTT.
2. The supply, installation and maintenance of the said equipment shall be ensured by the subscriber himself or through other and at his own expenses and always under his own responsibility.
3. CTT may proceed with the disconnection of the equipment supplied by the subscriber whenever they observe that the said equipment causes disturbances of any nature.
Identification of the station subscriber directory
1. The individual telex station number is allocated by CTT.
2. CTT may modify, at any time, the previously allocated number to the telex station, pending notice to the subscriber.
1. The automatic answer code for the identification of the telex station and confirmation of the correct communications establishment includes the station selection number, the subscriber's acronym and the letter P for the country.
2. The subscriber's acronym shall be chosen by him without prejudice to the rules fixed by CTT.
1. The right to publish the telex service subscriber directory is reserved to CTT.
2. Copies of this directory and of its regular updating shall be the property of CTT.
3. Telex service subscribers shall be provided free of fee one copy of the said directory per each existing station in their premises.
4. The copies distributed to the subscribers shall be returned to CTT when replaced by updated ones.
Use of stations
(Technical and operational norms)
1. It is incumbent upon the subscribers or upon any other person who uses the telex facilities to observe the technical and operational norms established by CTT.
2. Responsibility for non-compliance with these norms shall lie entirely with the subscriber, namely when it causes damage to the operation.
The transmission via the telex service of any correspondence with the following features shall not be permitted:
1. What contains obscene expressions or drawings or whose content causes offence or expresses ideas which are criminal or offensive in terms of the prevailing laws and morality;
2. That may prejudice public security or State interests;
3. That in any way lacks the consideration due to the authorities or their representatives;
4. That has as its aim the deliberate disruption of the respective addressees or the perpetration of crimes or misdemeanours;
5. That endeavours to prevent the action of the forces of law and order in the investigation of crimes or in the pursuit of criminals;
6. That relate manifestly false information;
7. Which do not obey, for whatever reason, the applicable legal and regulatory provisions.
1. Telex service subscribers shall not be permitted to act as agents with the purpose to transmit or receive telegrams or other messages intended to be re-transmitted via telegraph or telex.
2. CTT may establish other restrictions to the use of telex stations in order to limit it to the subscribers own activities.
(Suspension at the subscriber's request)
1. CTT, at the request of the respective subscriber may authorise that his station becomes inaccessible for certain periods which shall not exceed thirty days.
2. During the course of the suspension period referred to in the preceding number the subscriber shall remain responsible for the payment of the applicable fees.
Modification of the characteristics of the station and equipment renewal
(Modification of the station characteristics)
The subscriber may at any time obtain, by means of a request to CTT, the modification of their station, either by replacing the equipment organs by others with different characteristics or by the installation of new accessory organs, both of them of the type used by CTT.
(Change in station identification)
CTT may, at the request of the subscriber, determine a change in the station number or code, or both of them, should the interested party present worthy reasons and CTT be able to meet the request.
1. The station equipment that has not the required conditions of use due to wear and tear resulting from normal use shall be replaced without any costs for the subscriber.
2. Regardless of the renewal foreseen in the preceding number, exceptionally and within their possibilities, CTT may satisfy the subscribers' requests for partial or total replacement of their station equipment before the normal useful life has expired, but in this case the subscribers must bear the corresponding costs.
3. CTT may suspend at any time the replacement of teleprinters that effectively are in good working conditions.
Transfer of stations
(Changing of premises)
1. The subscriber may obtain, via a request made to CTT, the changing of his station to another premise which also meets the conditions of article 8 and he gives evidence of his right to occupy it.
2. Should it not be possible to make the change referred to in the preceding number, the subscription may be temporarily suspended and the station equipment shall be kept by CTT.
(Withdrawal and reinstallation of material)
1. Should there be building works or under any other worthy contingent circumstances, the subscriber may withdraw his station material and have it reinstalled in the same site.
2. During the suspension period of the station operation, the said subscriber continues to be accountable for the payment of the applicable fees.
Subscriber costs. Payments to CTT
(Fees owed for the provision of services)
1. The corresponding fees fixed in the tariff shall be owed to CTT for any service provided which is foreseen in the present Regulations.
2. In the cases where the provision of the service determines the payment of regular fees, the respective period shall be counted from the first day of the following month of completion date and shall fall due on the first day of the related period.
3. When calculating the communications cost, the failures which have affected the normal operation shall be taken into account when such failures have been proven to CTT and are not the result of causes imputable to the subscribers.
(Responsibility for the payment of fees)
1. The fees owed to CTT for the provision of any telex services shall be borne by the respective subscriber.
2. The fees relating to telex communications shall usually be borne by the subscriber whose station originated the said communications.
3. The fees referred to in the preceding number can be debited to another specifically designated subscriber with prior CTT's approval.
The debts presented by CTT shall be paid in cash by the subscriber either upon presentation of the respective document at a CTT station in the course of the period normally established for collection or under the terms and conditions referred to in the following article.
(Other manners of payment)
The payment of debts may also be made by cheque, bank transfer, postal order or other suitable means under the conditions authorised for each case by CTT prior approval of the subscriber's request.
1. Should a station subscriber do not make the payment of due fees within twenty days from the date on which the respective collection document was presented the station, shall be disconnected.
2. Provided the overdue payments have been made within the ten days following the disconnection foreseen in the preceding number, the station shall be reconnected once the corresponding fee set in the tariff has been paid. However, should the payment still be overdue the concession shall be considered as forfeited, the station material shall be removed and the overdue fees shall be collected coercively through tax foreclosures.
Relinquishing, transfer and forfeiture of the concession
The subscriber may relinquish his concession at any time provided that he, in advance, gives a written notification to CTT.
(Transfer of concession)
1. The transfer of a concession for the use of telex service should only be authorised in cases of inheritance, merger or change in the subscriber's corporate name and this should be duly proven to CTT.
2. The provisions of the preceding number shall also be applicable to the requests of telex stations referred to in article 4.
(Abandonment of station installations)
1. A concession shall become forfeit should its station be abandoned without the subscriber having made the corresponding notification of relinquishment.
2. For the purposes of the preceding number private stations which are being operated by people other than the subscriber or which are proven to be in a site whose occupation by the subscriber is not legal, shall be deemed abandoned.
1. Within the technical limitations of the available equipment and the organisation of the existing telecommunications network, CTT may install additional telex stations provided that the latter and the main stations on which they are dependent are situated in residences of the subscriber himself and within the same local telecommunications network.
2. The additional stations shall be subject to the general conditions of this Regulation.
1. CTT may dispense with the formalities laid down in articles 5 and 6 should they be installing private telex stations for temporary use on the occasion of exhibitions, fairs, congresses, sports demonstrations or meetings which are akin.
2. The use of these stations entails the payment of a special fee fixed in the tariff instead of the normal installation and subscription fees, the other conditions being the applicable to other private telex stations unless other conditions have been fixed by CTT for each case.
Public telex stations installed by CTT in their facilities or in other sites to which the public has access may be used by any interested party by a mere verbal request made at the time.
(Transmission equipment with special characteristics
1. Within the technical possibilities permitted by the present equipment CTT may authorise the connection of special transmission devices with characteristics other than the normal ones, such as modulation code and speed, to the telex service network, provided that such devices ensure perfect compatibility with normal signalling procedures, set-up, identification, maintenance and disconnection of communications.
2. The said authorisation shall be given on a temporary basis and should be rescinded at any time should its respective devices cause disturbances to the normal operation of the telex network.
(Connection of private networks to the "telex" network)
CTT may authorise, under terms and conditions to be fixed on a case-by-case basis, direct connection to the telex network of private networks formed for the exclusive use of a single body or a group of bodies which have a common objective.
Responsibility of the subscriber
(Operation of the station)
1. The subscriber shall take measures to ensure that his telex station is permanently and effectively connected to the power mains and that it is supplied with paper and ribbon so that it can automatically receive any communication.
2. The subscriber or whoever uses the station is forbidden from acting in a way which prejudices the absolute priority that incoming calls have in relation to local utilisation.
3. Should excessive use of a telex station occur, causing difficulties in the regular set-up of communications, the respective subscriber shall be obliged to request the installation of another telex station.
(Operational station consumption)
The subscriber shall be solely responsible for the supply of electrical energy, paper, typing ribbon and possibly bulbs for internal lighting and for external signalling of the respective station.
(Loss of and damage caused to material)
1. The telex installations material supplied by CTT shall remain, for all intents and purposes, the property of CTT themselves. The subscribers shall be the loyal trustees of the respective material which shall remain in their safekeeping and shall be answerable for it to CTT should they lose or damaged beyond normal usage.
2. Exceptions shall be damages caused by atmospheric discharges, contacts with external power lines by the external lines, accidental fires, earthquakes, floods and other cases of force majeure accepted by CTT.
(Unalterable nature of material and of installations)
1. Subscribers are forbidden from carrying out on the material or installations any work involving the change, modification, maintenance or repair with the exception of the supply of paper, typing ribbon and lights either for internal lighting or external signalling.
2. In the cases foreseen in articles 10, 34 and 35 the intervention of the subscriber shall be strictly limited to the maintenance of his own equipment.
(Access of CTT personnel to private "telexes")
1. The subscriber is obliged to allow into his premise during the day CTT staff for the performance of any services or work, including the dismantling and withdrawal of material from the station owing to subscriber's relinquishment or to the rescission of the concession, according to the terms of this Regulation.
2. Should the subscriber raise any impediments to the said entry, CTT may, regardless of the sanctions established in article 41, resort to the authorities to recover the equipment.
Should the subscriber infringe what is laid down in articles 15, 16, 36, 38, 39 and 40 in addition to the connection of his own equipment or accessories or lines not laid by CTT to his private telex station without the prior approval of CTT, given under the terms of this Regulation, this may determine the application of a fine of PTE 1000 to PTE 5000 and the temporary disconnection or rescission of the concession of the telex station, always requiring the payment of any compensation owed to CTT due to damage caused to their material, expenditures incurred in returning their installations to their original state and also for any damage caused to operation, regardless of whether legal proceedings are instigated.
(Confidentiality of communications)
CTT shall undertake all precautions within its powers to ensure and enforce observance of the confidentiality of communications, though without any responsibility for them should these precautions possibly not perform.
(Service faults and disturbances)
CTT undertake to provide an efficient telex service, both in terms of speed at which communications are established and transmission quality and to endeavour to correct delays, disturbances in transmission or service interruptions, without, however, assuming any responsibility for the occurred faults or for their consequences.
Ministry of Communications, 8 August 1972. - The Secretary of State for Communications and Transport, João Maria Leitão de Oliveira Martins.
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