[news.misc] Fcc Regs/Data Comm.

ftai@pro-generic.cts.com (Francis Tai) (12/27/89)

   I had just grab this post off L&L Productions in Denver, and This might be
very interesting to all of you.. (Doesn't concern me since I live in Toronto!)

 Brd: Main Bulletin Board
Numb: 127 of 128
 Sub: FYI
  To: All
From: Barry Prowell (#449)
Date: Tue. Dec 26, 1989 @ 07:13:34   

*****************************************************************************
**                                                                         **
**                             READ THE FOLLOWING!                         **
**                                                                         **
*****************************************************************************

MOBILIZE!
=========

Two years ago the FCC tried and (with your help and letters of protest)
failed to institute regulations that would impose additional costs on
modem users for data communications.

Now, they are at it again.  A new regulation that the FCC is quietly
working on will directly affect you as the user of a computer and modem.
The FCC proposes that users of modems should pay extra charges for use
of the public telephone network which carry their data.  In addition,
computer network services such as CompuServ, Tymnet, & Telenet would also
be charged as much as $6.00 per hour per user for use of the public
telephone network.  These charges would very likely be passed on to
the subscribers.  The money is to be collected and given to the
telephone company in an effort to raise funds lost to deregulation.

Jim Eason of KGO newstalk radio (San Francisco, Ca) commented on the
proposal during his afternoon radio program during which, he said
he learned of the new regulation in an article in the New York Times.
Jim took the time to gather the addresses which are given below.

Here's what you should do (NOW!):

 1- Pass this information on.  Find other BBS's that are not carrying
    this information.  Upload the ASCII text into a public message on the
    BBS, and also upload the file itself so others can easily get a copy
    to pass along.

 2- Print out three copies of the letter which follows (or write your
    own) and send a signed copy to each of the following:

         Chairman of the FCC
         1919 M Street N.W.
         Washington, D.C. 20554

         Chairman, Senate Communication Subcommittee
         SH-227 Hart Building
         Washington, D.C. 20510

         Chairman, House Telecommunication Subcommittee
         B-331 Rayburn Building
         Washington, D.C. 20515


Here's the suggested text of the letter to send:

   Dear Sir,

   Please allow me to express my displeasure with the FCC proposal
   which would authorize a surcharge for the use of modems on the
   telephone network. This regulation is nothing less than an attempt to
   restrict the free exchange of information among the growing number of
   computer users. Calls placed using modems require no special telephone
   company equipment, and users of modems pay the phone company for use
   of the network in the form of a monthly bill. In short, a modem call
   is the same as a voice call and therefore should not be subject to any
   additional regulation.

   Sincerely,
   [your name, address and signature]


It is important that you act now.  The bureaucrats already have it in
their heads that modem users should subsidize the phone company and are
now listening to public comment. Please stand up and make it clear that
we will not stand for any government restriction on the free exchange of
information.

[B1 #127 of 128] ? or Cmd [N]#


-*-

   Hmm... Very Interesting I must say, Those guys would actually do ANYTHING
of more $$'s...

                                        Francis


   Well, I don't know what version logic have since I don't pay their
membership fee (well.. I don't need it...) Since It's shareware, I can put the
program up on my directory and I'll include the documentation with it. ( don't
know why Logic doesn't include the docs??? ) But anyways my directory is under

brad@looking.on.ca (Brad Templeton) (01/02/90)

I would advise against sending that letter.  It doesn't address the real
issue.  As I understand it, it works like this:

a) A modem call is *not* the same as a voice call.  (This has more to
do with the local BBS == business line question than the $5/hour surcharge
question.)

	o) Modem calls last far longer than voice calls in the local
	calling area, for one thing.  One of the reasons businesses pay
	a premium for phone lines is that they use their lines a great
	deal more than home users.

	o) Modem calls involve continuous transmission of singal in both
	  directions at all times.  Voice calls are almost always half
	  duplex (except with rude people!) and also full of the gaps between
	  words and other pauses.  (Being put on hold, for example.)

	  While most modem use is also half-duplex, the phone company can't
	  know that, sort of decoding your data, sending it on their own
	  channels, and re-modulating it out on the other end.  So it
	  uses at least 3 times the bandwidth of a voice call.

	  (If they *did* decode it before putting it on the trunks, then
	  a 2400 bps modem call would in fact take only 6% of the bandwidth
	  of a voice call.   This is exactly why packet net connections
	  cost less than voice calls!  Clever, eh?)

2) As far as I know, they want to put this tax on the packet networks.
	Right now, the voice long distance companies connect to the local
	bells in the USA.  They pay the local Bells part of what they
	bill for LD to pay for the work the local Bell does in moving
	your signal from your home to the LD company's nexus.

	The packet companies also connect into the local bells, and move
	data out from their local nexus to their worldwide net.  CIS,
	GEnie, Tymnet etc. all right packet nets in this fashion.  They
	only pay the local Bells regular charges for a local voice
	line, when in fact they are getting the same service as AT&T or
	any other LD company.

That isn't fair.  There are two ways to make it fair:

	Charge the packet companies some charge to receive local calls
	and send them out of the LATA, just as LD companies are charged, or

	Remove the access charge for all, and raise the local rates.

The latter solution is the most fair.  Each company is paid for exactly
what it does, by the people who use its service.  But it would be
difficult from a political standpoint to do this.

	
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

gwangung@milton.acs.washington.edu (Roger Tang) (01/02/90)

	I agree with Brad.  It's premature to write letters since there
was no docket numbers, no actual hard evidence that the FCC is even
planning such modem surcharges.

	In fact, didn't I just read on the TELECOM digest that this whole
brouhaha is an inaccurate misunderstanding of the confirmation hearings
for the new FCC chief, and that he refered to "enhanced service" and not
even modem lines.....?

	At any rate, I think we need docket numbers and hard evidence of
intent before we launch a pre-emptive strike....

bzs@world.std.com (Barry Shein) (01/03/90)

Brad et al,

I think these analyses are correct in the small, but miss the truth
entirely.

My guess is that they're (TPC) moving towards making sure that, as
promised, ISDN (BRI) is much cheaper than using the voice network.  Of
course, it didn't occur to most of us that this would be accomplished
by skyrocketing the costs of modem use on the voice network rather
than offering attractive rates for BRI. Perhaps we'll see a little of
both.

This happens all the time to manipulate those markets in their favor.
For example, in this area they're raising DDS-I tariffs as fast as
they can get away with to force customers over to DDS-II (which is
pretty reasonably priced, but I guess they can't wait for people to
move themselves, they're going to give a push by manipulating tariffs,
I doubt their costs for DDS-I have gone up anything like the tariffs
they've proposed.)

I don't think it has a helluva lot to do with the basic costs of
providing a particular service, more to do with manipulating customers
into their grand plan. Which may in fact be better for everyone in the
long run, it's hard to tell without the plan.

Here's a question which may point out my quibble better: Given the
several things you list as leading one to the conclusion that modem
users deserve this tariff what are the actual costs to their network?

Do they gibe at all with the proposed new tariffs? Or maybe the
factors you cite account for fractions of a cent per minute? Who knows
(well, they do.) You've pointed out that it's *possible* that, in a
microeconomic sense, it costs them something more to allow modem
traffic, but the real question is; how much?

Similarly, in the macro sense, how much additional traffic do these
modems generate? The phone system is a volume sales system, a call is
not the same as a million calls divided by a million. The entire
network's economics is based on massive usage. How do modems factor
into that picture of delivering them their needed volume to make their
network economical. Put another way, what's the contribution to their
economics of a few million modem users? How much does that offset the
claimed extra costs of carrying that traffic? I don't know, but it
deserves consideration in any real analysis.

Another analogy is when directory service suddenly became a cost
add-on. Well, no doubt it costs money to have operators etc. and that
was the reasoning.

But originally it was supposed to be there to encourage us to use our
phones and hence generate revenue for them, a fine trade-off. It also
was worked into the phone charges (musta been, it was being paid for.)

Now suddenly it's an extra-cost item. Wait a minute, doesn't that mean
we're now paying for it twice? I know my bill didn't go down when they
"unbundled" directory service (that's cause it wasn't unbundled, it
was just added on again.) I suppose they'd answer that I should be
thankful it didn't go up (huh?)

See how an oversimplified analysis (they now charge for directory
assistance because obviously it costs money) leads to missing what
might be the real point (didn't they always, by definition, include it
in my charges? Aren't I paying twice now?) Ok, divestiture made that a
little more complicated, but I think I've made the point.

Anyhow, my suspicion here is that we're not seeing something as simple
as "it costs us more so we're passing on that cost" but rather some
social engineering and trying to change people's behavior for some
grander purpose.

Perhaps it's all well and good and we should get ready to change how
we do this sort of stuff, but I don't think we've gotten to the bottom
of it yet in this discussion.

-- 
        -Barry Shein

Software Tool & Die, Purveyors to the Trade         | bzs@world.std.com
1330 Beacon St, Brookline, MA 02146, (617) 739-0202 | {xylogics,uunet}world!bzs

bzs@world.std.com (Barry Shein) (01/03/90)

Actually, Brad et al's point that this may all be a non-issue has
merit and is much more important to consider than whether or not the
tariff is justified.
-- 
        -Barry Shein

Software Tool & Die, Purveyors to the Trade         | bzs@world.std.com
1330 Beacon St, Brookline, MA 02146, (617) 739-0202 | {xylogics,uunet}world!bzs

davidsen@crdos1.crd.ge.COM (Wm E Davidsen Jr) (01/03/90)

In article <70194@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:

| 	o) Modem calls last far longer than voice calls in the local
| 	calling area, for one thing.  One of the reasons businesses pay
| 	a premium for phone lines is that they use their lines a great
| 	deal more than home users.

  I miss your reasoning here. We are already paying by the message unit,
why charge a higher rate, too? Long calls already cost more than short
calls in most areas, why stick modem users with a surcharge on top of
that.
| 
| 	o) Modem calls involve continuous transmission of singal in both
| 	  directions at all times.  Voice calls are almost always half
| 	  duplex (except with rude people!) and also full of the gaps between
| 	  words and other pauses.  (Being put on hold, for example.)

  Do you know of a system which does "data detect" on voice calls? I
am under the impression that they still use time division multiplexing.
-- 
bill davidsen	(davidsen@crdos1.crd.GE.COM -or- uunet!crdgw1!crdos1!davidsen)
"The world is filled with fools. They blindly follow their so-called
'reason' in the face of the church and common sense. Any fool can see
that the world is flat!" - anon

tim@hoptoad.uucp (Tim Maroney) (01/03/90)

I agree with most of Templeton's points here, but I think there is one
of questionable validity.

In article <70194@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:
>	o) Modem calls involve continuous transmission of singal in both
>	  directions at all times.  Voice calls are almost always half
>	  duplex (except with rude people!) and also full of the gaps between
>	  words and other pauses.  (Being put on hold, for example.)
>
>	  While most modem use is also half-duplex, the phone company can't
>	  know that, sort of decoding your data, sending it on their own
>	  channels, and re-modulating it out on the other end.  So it
>	  uses at least 3 times the bandwidth of a voice call.

I believe most modem calls are within the same end office or within the
same toll office.  While long-distance calls may (depending on the
equipment available) allocate bandwidth to a call based on its actual
usage, direct electrical connections within the same end office or toll
office are allocated the entire bandwidth of the connecting wire,
regardless of how much they use.  Some areas may have upgraded their
local switching equipment so this is no longer true, but I doubt that
many have.

In any case, since the baby Bells are talking very seriously about
beginning home fiber optic wiring before the end of the decade, leading
to an explosion in phone-based services, I can't believe they would
support the imposition of a stiff surcharge that would sharply curtail
the growth of that industry right now.

Templeton is right; let's wait until this becomes a real target, rather
than a vague idea being kicked around, before we mobilize against it.
-- 
Tim Maroney, Mac Software Consultant, sun!hoptoad!tim, tim@toad.com

"Something was badly amiss with the spiritual life of the planet, thought
 Gibreel Farishta.  Too many demons inside people claiming to believe in
 God." -- Salman Rushdie, THE SATANIC VERSES

zvs@bby.oz.au (Zev Sero) (01/03/90)

In article <1990Jan2.174527.9041@world.std.com> bzs@world.std.com (Barry Shein) writes:

   Another analogy is when directory service suddenly became a cost
   add-on. Well, no doubt it costs money to have operators etc. and that
   was the reasoning.

   But originally it was supposed to be there to encourage us to use our
   phones and hence generate revenue for them, a fine trade-off. It also
   was worked into the phone charges (musta been, it was being paid for.)

   Now suddenly it's an extra-cost item. Wait a minute, doesn't that mean
   we're now paying for it twice?

I was in the US when this happened, and I recall the reason given was
that people were calling AT&T directory assistance, and then calling
the number on Sprint or ITT or something (I know I did).  Instead of
providing a revenue-generating courtesy to its own clients, as it
had been, AT&T found itself providing a free service for its
competitors and *their* clients!  Obviously, this did not make sense,
so they started charging for it.

As for the component of your original bill which represented the
overhead of directory assistance, remember that your billing structure
changed completely during the divestiture.  I presume that somwhere in
the calculations which produced your post-divestiture bill, this was
factored in.

When the price of coffee changes, presumably this affects the overhead
of your local Bell, which has to buy coffee for staff.  When they go
to the FCC for a tarrif change, this would be included in their
`changed costs'.  Do you notice the slight change in your bill due to
`Brazilian drought' or whatever?
--
                                Zev Sero  -  zvs@bby.oz.au
As I recall, zero was invented by Arabic mathematicians
thousands of years ago.  It's a pity it still frightens
or confuses people.           - Doug Gwyn

campbell@redsox.bsw.com (Larry Campbell) (01/03/90)

In article <1970@crdos1.crd.ge.COM> davidsen@crdos1.crd.ge.COM (Wm E Davidsen Jr) writes:
-
-  I miss your reasoning here. We are already paying by the message unit,
-why charge a higher rate, too? Long calls already cost more than short
-calls in most areas, why stick modem users with a surcharge on top of
-that.

I don't know about "most areas", but here in Boston, residential telephones
are flat rate.  I pay a flat monthly rate no matter how much I use my
telephone.

Actually there is a message unit option -- you can choose to pay a lower
monthly rate and then pay message units, but the difference in the monthly
charge is only something like six or seven bucks, so no one ever picks that
option.

Flat rates are available only to residential customers;  business customers
always pay message units.
-- 
Larry Campbell                          The Boston Software Works, Inc.
campbell@redsox.bsw.com                 120 Fulton Street
wjh12!redsox!campbell                   Boston, MA 02109

lfm@ttardis.UUCP (The Master -- ttardis SuperUser) (01/06/90)

In article <31.infoapple.net@pro-generic>, ftai@pro-generic.cts.com (Francis Tai) writes:
>Two years ago the FCC tried and (with your help and letters of protest)
>failed to institute regulations that would impose additional costs on
>modem users for data communications.

In late 1988 and early 1989, Texas AT&T affiliates attempted some "strong-arm"
tactics with the local BBS's.  As a followup to the current "troubles", I
am posting a shar file of the postings which concern AT&T attempts for
interested users.

-JT
#--------------------------------CUT HERE-------------------------------------
#! /bin/sh
#
# This is a shell archive.  Save this into a file, edit it
# and delete all lines above this comment.  Then give this
# file to sh by executing the command "sh file".  The files
# will be extracted into the current directory owned by
# you with default permissions.
#
# The files contained herein are:
#
# -rw-r--r--  1 lfm     root        640 Jan  5 10:44 address.lst
# -rw-r--r--  1 lfm     root       4096 Jan  5 10:45 bbs.txt
# -rw-r--r--  1 lfm     root       4385 Jan  4 12:30 fcc.bad
# -rw-r--r--  1 lfm     root      23168 Jan  5 10:48 fonewar1.doc
# -rw-r--r--  1 lfm     root       3456 Jan  5 10:49 hints.msg
# -rw-r--r--  1 lfm     root       8832 Jan  5 10:51 notice.txt
# -rw-r--r--  1 lfm     root       3072 Jan  5 10:52 readme.first
# -rw-r--r--  1 lfm     root       3712 Jan  5 10:53 tariff.txt
# -rw-r--r--  1 lfm     root       3456 Jan  5 10:54 vidtex.txt
#
echo 'x - address.lst'
if test -f address.lst; then echo 'shar: not overwriting address.lst'; else
sed 's/^X//' << '________This_Is_The_END________' > address.lst
Xcc: Federal Communications Commission
X    1919 M Street NW
X    Washington, D.C. 20554
X
X    Public Utilities Commission of Texas
X    Ms. Betty Suthard
X    7800 Shoal Creek Blvd, Suite 450N
X    Austin, Texas 78757
X    1-512-458-0230
X
X    James R. Adams
X    President, Texas Division
X    Southwestern Bell Telephone Co.
X    One Bell Plaza
X    208 S. Akard
X    Dallas, Texas 75202
X    1-214-464-3111
X
X    Reginald Hirsch
X    1980 Post Oak Blvd.#1780
X    Houston,Texas 77056
X    Phone : 1-713-961-7800
X
________This_Is_The_END________
if test `wc -l < address.lst` -ne 23; then
	echo 'shar: address.lst was damaged during transit (should have been 23 bytes)'
fi
fi		; : end of overwriting check
echo 'x - bbs.txt'
if test -f bbs.txt; then echo 'shar: not overwriting bbs.txt'; else
sed 's/^X//' << '________This_Is_The_END________' > bbs.txt
XHouston Chronicle
XWednesday, October 12, 1988
X
X"Computer 'bulletin' operators say phone hike will close them"
Xby Rad Sallee
X
X    Some operators of computer "bulletin boards" here, most of
Xwhom offer their services for free, say a recent phone company
Xdecision to charge them business rates, instead of the residential
Xones they've paid since 1985, will force many boards to shut down.
X
X    Most bulletin baord operators, or sysops (system operators),
Xare computer hobbyists who offer message exchanges along with
Xhelpful advice and free software to members, who use their
Xcomputers to "talk" over the phone with the sysop's computer.
X
X    Southwestern Bell Telephone Co. decided to charge bulletin
Xboard operators in Texas the business rate of $32.85 a month
Xinstead of the $13.35 residential rate after the operator of a
Xfor-profit board, who paid the higher rates, complained to the
Xstate Public Utility Commission that boards paying residental
Xrates were unfair competition.
X
X    Spokesman Ken Brasel said Bell is simply rectifying its
Xown error. "We shouldn't have connected these (bulletin boards)
Xat the residental rate to begin with," he said.
X    "When the lines are used to provide a service to others, it
Xis business.  Whether for profit or not isn't germane."
X    Brasel noted that churches, government, charities and other
Xnon-profit orgazinations also pay the business rates.
X    Attorney Reginal Hirsch, who runs a board called The Old
XBailey, says busines rates for the above types of user are
Xspecified in state reuglations, which do not mention bulletin
Xboards.
X    Also, Hisrch say, bulletin board operators and users should
Xhave been allowed to file comments with the PUC before the
Xchange took effect.
X    Bell is also notifying users of "auto-patch" devices that
Xthey must pay business rates.
X    These users typically buy an electronic device called a
X    repeater that provides a link (or "patch") between two-way
Xradios in vehicles and the phone network.
X     Brasel said Bell is not charging commercial rates to
Xpersons who simply use a computer to contact other commputers
Xby phone or to amateur "ham" radio operators who patch radio
Xmessages to their home phone -- so long as these calls do not
Xgo to outsiders who wouldn not normally use the phone.
X     Brasel said he doubts that business rates would be charged
Xto ham radio operators who patch long-distance radio callers
Xthrough to their loved ones during idsasters such as
Xhuricanes or earthquakes.
X     Brasel said Bell's March 15, 1985, tariff, the PUC
Xdocument that governs what Bell can charge, says business rates
Xapply "at residences when the customer has no regular business
Xtelephone, and the use of the (phone) service can be construed
Xas more of a business than a residence nature."
X     Some local sysops are writing protest letters to Bell and
Xthe PUC and are querying fellow operators in other states about
Xphone company policies theres.  Hirsch said sysops in New
XYork and Wisconsin told him they are charged residential rates.
X     Interested persons will meet at noon Oc. 27 in Hirsch's
Xoffice, 1980 Post Oak Blvd, Suite 1780, to plan strategy against
Xthe change.
X     He estimates Houston may have 800 to 1,000 bulletin boards,
Xwith perhaps 10 percent to 15 percent charging a fee and fewer
Xthan 5 percent being profitable.
X     Several local operators said taht if all boards must pay
Xhigher rates, they will have to charge membership fees and
Xstart keeping records, and some will decide it is just too much
Xtrouble.
X    Hirsch estimates he would lose 75 percent to 80 percent of
Xhis board's users if forced to cover costs with a fee.  Greg
XJoplin, a field service engineer who runs a Commodore 64 board
Xcalled The Hip Pocket as a hobby, says he would probably lose
X90 percent of his.
X    Joplin says most board users are probably under 18 and could
________This_Is_The_END________
if test `wc -l < bbs.txt` -ne 76; then
	echo 'shar: bbs.txt was damaged during transit (should have been 76 bytes)'
fi
fi		; : end of overwriting check
echo 'x - fcc.bad'
if test -f fcc.bad; then echo 'shar: not overwriting fcc.bad'; else
sed 's/^X//' << '________This_Is_The_END________' > fcc.bad
XPath: ttardis!sharkey!math.lsa.umich.edu!zaphod.mps.ohio-state.edu!tut.cis.ohio-state.edu!ucbvax!pro-generic.cts.com!ftai
XFrom: ftai@pro-generic.cts.com (Francis Tai)
XNewsgroups: news.misc, mi.misc
XSubject: Fcc Regs/Data Comm.
XMessage-ID: <31.infoapple.net@pro-generic>
XDate: 27 Dec 89 06:21:59 GMT
XSender: daemon@ucbvax.BERKELEY.EDU
XOrganization: The Internet
XLines: 101
X
X
X   I had just grab this post off L&L Productions in Denver, and This might be
Xvery interesting to all of you.. (Doesn't concern me since I live in Toronto!)
X
X Brd: Main Bulletin Board
XNumb: 127 of 128
X Sub: FYI
X  To: All
XFrom: Barry Prowell (#449)
XDate: Tue. Dec 26, 1989 @ 07:13:34   
X
X*****************************************************************************
X**                                                                         **
X**                             READ THE FOLLOWING!                         **
X**                                                                         **
X*****************************************************************************
X
XMOBILIZE!
X=========
X
XTwo years ago the FCC tried and (with your help and letters of protest)
Xfailed to institute regulations that would impose additional costs on
Xmodem users for data communications.
X
XNow, they are at it again.  A new regulation that the FCC is quietly
Xworking on will directly affect you as the user of a computer and modem.
XThe FCC proposes that users of modems should pay extra charges for use
Xof the public telephone network which carry their data.  In addition,
Xcomputer network services such as CompuServ, Tymnet, & Telenet would also
Xbe charged as much as $6.00 per hour per user for use of the public
Xtelephone network.  These charges would very likely be passed on to
Xthe subscribers.  The money is to be collected and given to the
Xtelephone company in an effort to raise funds lost to deregulation.
X
XJim Eason of KGO newstalk radio (San Francisco, Ca) commented on the
Xproposal during his afternoon radio program during which, he said
Xhe learned of the new regulation in an article in the New York Times.
XJim took the time to gather the addresses which are given below.
X
XHere's what you should do (NOW!):
X
X 1- Pass this information on.  Find other BBS's that are not carrying
X    this information.  Upload the ASCII text into a public message on the
X    BBS, and also upload the file itself so others can easily get a copy
X    to pass along.
X
X 2- Print out three copies of the letter which follows (or write your
X    own) and send a signed copy to each of the following:
X
X         Chairman of the FCC
X         1919 M Street N.W.
X         Washington, D.C. 20554
X
X         Chairman, Senate Communication Subcommittee
X         SH-227 Hart Building
X         Washington, D.C. 20510
X
X         Chairman, House Telecommunication Subcommittee
X         B-331 Rayburn Building
X         Washington, D.C. 20515
X
X
XHere's the suggested text of the letter to send:
X
X   Dear Sir,
X
X   Please allow me to express my displeasure with the FCC proposal
X   which would authorize a surcharge for the use of modems on the
X   telephone network. This regulation is nothing less than an attempt to
X   restrict the free exchange of information among the growing number of
X   computer users. Calls placed using modems require no special telephone
X   company equipment, and users of modems pay the phone company for use
X   of the network in the form of a monthly bill. In short, a modem call
X   is the same as a voice call and therefore should not be subject to any
X   additional regulation.
X
X   Sincerely,
X   [your name, address and signature]
X
X
XIt is important that you act now.  The bureaucrats already have it in
Xtheir heads that modem users should subsidize the phone company and are
Xnow listening to public comment. Please stand up and make it clear that
Xwe will not stand for any government restriction on the free exchange of
Xinformation.
X
X[B1 #127 of 128] ? or Cmd [N]#
X
X
X-*-
X
X   Hmm... Very Interesting I must say, Those guys would actually do ANYTHING
Xof more $$'s...
X
X                                        Francis
X
X
X   Well, I don't know what version logic have since I don't pay their
Xmembership fee (well.. I don't need it...) Since It's shareware, I can put the
Xprogram up on my directory and I'll include the documentation with it. ( don't
Xknow why Logic doesn't include the docs??? ) But anyways my directory is under
________This_Is_The_END________
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XFONEWAR1.WS - an ongoing chronicle of Southwestern Bell's
X              attempt to reclassify BBS phone lines to a higher
X              rate class
XBeginning: Oct 5, 1988
XLoring Chien
Xmodem: 495-3039 3/12/2400 baud
X
XBill  Pearre,  Sysop  of  the  OUCH RCP/M in  Houston  called  me
XThursday evening with the news that someone at Southwestern  Bell
Xhad  called  him and announced they were going to reclassify  his
Xsystem's phone liine to business and charge a higher rate.
X
XAndrea Prothrow of Southwestern Bell Telephone (SWB) called me on
XFriday,  September 30 to inform me that my number, 495-3039 would
Xbe charged at the business rate beginning on the next phone bill.
XThe rate increase will cause a substantial (3 X) increase in  the
Xoperating cost of Phoenix RCP/M.   There is a little confusion on
Xthe rate, I think I was told $35.50 on the phone, but her letter,
Xin response to a request for written confirmation,  says  $33.50. 
XI  believe the current residential base rate is $11.25.   Quite a
Xfew  state,  local and federal taxes and other  surcharges  apply
Xdriving the rate up even more.
X
XShe  said  that  it  has been determined that  I  was  running  a
XBulletin  Board  System  (BBS) (which I did not admit to  at  the
Xtime).  I asked how they had determined that it was a BBS and she
Xrefused to tell me.   I asked why it was a business and she  said
Xthat  BBSs performed a service and  that since it was a service I
Xwas to be considered a business.  I asked what recourse I had and
Xshe said I could drop the phone service.   She told me that SWB's
Xlawyers had looked at the matter and felt they were within  their
Xrights to do this.
X
XThe   attached  letter  and  "Exchange  Tariff"  regulation  were
Xdelivered  to  me after I requested written confirmation and  the
Xphone  company's  written  description  of  what  constitutes   a
Xbusiness.
X
X[Text of letter from SWBT to Loring Chien]
X
X
X
X                   Southwestern Bell Telephone
X                          P.O. Box 1530
X                    Houston, Texas 77251-1530
X                         October 3, 1988
X
XLoring Chien
X6519 La Mora Drive
XHouston, Texas 77083
X
XRe: (713) 495-3039
X
XDear Loring Chien,
X
X     This will confirm our telephone conversation informing you
Xof the reclassification of your account from residence to
Xbusiness.  The appropriate classification for bulletin board
Xservice providers is business and the appropriate business rates
Xapply.
X
X     We will not back bill you for the past underbilling due to
Xthe misclassification of your account.  However, effective with
Xyour next bill dated October 15, 1988, your account will be
Xrevised to reflect the appropraite business classification, and
Xyour monthly rate will be $33.50 per month.
X
X     We apologize for this error and any inconvenience this may
Xhave caused.  Should you have any questions regarding your
Xaccount, please call your local service representative on (713)
X561-2766.
X
X                                   Sincerely,
X
X
X                                   Andrea Prothow
X                                   Service Representative
X                                   Marketing Operations
X
X
X
X[Text of letter sent by Bill Pearre, SYSOP of OUCH RCP/M]
X
X                          W. H. Pearre
X                         7011 Sharpview
X                       Houston, TX, 77074
X
XSept. 30, 1988
X
XCertified Mail - Return receipt
X
XSouthwestern Bell Telephone Company
XBusiness Office
X14575 Presidio Square, Room 200
XHouston, Texas 77083
X
XDear Sirs:
X
XI received a telephone notification today from "Andrea" at your
Xcompany's telephone 561-2766 that my personal telephone line 777-
X2114 was being changed from peronal usage to business usage due
Xto a "new" interpretation of your tariff by your lawyers.
X
XThis personal telephone line has been used as a Computer Bulletin
XBoard since March 1987 with no indication from you for all that
Xtime that this usage was to be considered as business usage.
X
XThis Bulletin board is operated as a Hobby and for Public Service
Xwithout any charge to persons using it.
X
XThis Bulletin Board is not advertised by me for any purpose.
X
XWill you please furnish me in writing your authority to change
Xthe status of this line from personal to business.
X
XMy understanding is that you must prove a change on the operation
Xof a telephone line and notify me in writing before you can
Xchange its status.
X
XI will appreciate an early reply.
X
X
X
X
XSincerely,
X
X
X
X
XW. H. Pearre
X
X
X
X
Xcc: Federal Communications Commission
X    1919 M Street NW
X    Washington, D.C. 20554
X
X    Public Utilities Commission of Texas
X    Mr. Coyle C. Kelley, Exec. Director
X    7800 Shoal Creek Blvd, Suite 450N
X    Austin, Texas 78757
X
X    Senator Buster Brown
X    P. O. Box 12068
X    Austin, Texas 78711
X
X
XAnalysis of possible actions
Xby Loring Chien
XOct 6, 1988
X
X
X
XMy opinions:
X
XI think there are three possible tacks to take here:
X
XA. One is that we do not fit Southwestern Bell's (SWB)
Xdefinition of a business. Arguably we provide a service. "Andrea"
XProthrow told me that were going after bulletin boards because
Xthey provide a service and thus are a business.  Their tariff
Xdoes not stress the service aspect.  It does stress that the
Xchief indication of a business is that the business be
Xadvertised.  We have not advertised at all, and do not have a
Xlisting in their yellow pages or business section, nor do we
Xrequire one.  Our number has been passed by word of mouth.  It
Xhas appeared on a number of BBS lists around town, probably how
Xthe phone company identified it as a BBS. The tariff is specific
Xthat a user's line is considered business service if "the use of
Xthe service by himself... or parties calling him can be
Xconsidered as more of a business than a residence nature".  I am
Xrunning the system as a hobby on second-hand and donated
Xequipment: a 1980-vintage CP/M-based 8-bit microcomputer three
Xgenerations behind current IBM-PCs.  We do not charge; therfore
Xit is hard to conceive that we operate a business. I see no
Xdictionary definition of business that we conceivably fit.  I
Xsuspect hat SWB is most vulnerable here.  We can and should
Xenlist the PUC.
X
XB. Another tack is that we can persuade them it is not practical
Xto go after BBSs. From the size of the current BBSLIST file
Xupdated monthly by local modem enthusiasts, I figure that there
Xare two hundred and twenty-five BBSs in Houston, (maybe 400 in
Xall of Texas) of which 150 are privately run (the rest are run by
Xreal businesses: schools, stores, libraries and museums, or their
Xowners charge for access priveleges).  SWB stands to gain about
X$45,000 per year by this campaign in Houston.  However I predict
Xthat 2/3 of the private operators will fold their systems. 
XSimply put the reclassification raises the cost of their hobby
Xfrom around $150 per year to nearly $500 and I think most would
Xnot spend it.  Thus the company would only net about $10,000 in
Xadditional revenue from this campaign, which may very well be
Xlost to ill will.
X
XFurthermore, I would estimate that each bulletin board has 100 to
X500 users, representing a large number of users (you don't have
Xto point out the fact that many are redundant users of more than
Xone system).  If two thirds of the private systems were to vanish
Xover the next six months, local modem use would go down and there
Xare many two-phone households specifically because of personal
Xmodem hobbies.  SWB would find that many two-phone housholds
Xwould drop the 2nd line.  This would rapidly erase the $10,000
Xrevenue gain.  It would only take around 80 2nd phone
Xcancellations to do this.  This would be hard to prove or
Xdisprove as I'm sure that SWB has no statistics on why there are
Xsecond lines installed.  It would be my guess that there are
X4000 very active modem users and 30,000 sporadic users in Houston. 
XSome percentage of the 4000 is sure to have a second line
Xinstalled for their hobby. 
X
XIf I were to use this I'd go much more carefully over the figures
Xand especially the board count, but I'm pretty confident of the
Xrange.
X
XThis financial impact approach  might be worth pursuit - I'm not
Xsure how important this is to SWB.  The girl calling everyone,
X"Andrea" didn't give her last name outwhen she called and sounded
Xrather like a new recruit.  She has no secretary (the letter,
Xwhile not bad, was not a fine example of a business letter --
Xsalutation with no title,  a  comma, no colon,  and lack of a
Xsecretarial signature) and no permanent phone! (rather strange
Xfor SWB, no?).  Her title is Service Representative (sounds like
Xan entry level job).  Maybe they had someone extra and are
Xfinding make-work for her?
X
XC. Probably a least likely course of action, but the ACLU might
Xlike this one.  The BBS is a unique institution for freedom of
Xspeech.  SWB may not like them because of a small but highly
Xpublicized group of phone vandals (incorrectly referred to as
Xhackers) have used modems for possibly illegal and definately
Ximmoral purposes.  However, for the rest of us it may be
Xconsidered a medium of free speech, disemination of information
Xand technology transfer; thus low phone rates are protected by
Xthe fifth ammendment or something along that line.
X
XI have some statistics on the use of Phoenix RCP/M available,  as
Xto  number  of hours and callers,  that can be printed  out  with
Xmedium effort.
X
XFinally, there are likely well over 200 other Sysops being
Xcalled by Andrea, many will be comtemplating the same actions--
Xshould we and can we co-ordinate actions with them?
X
X                                             Loring Chien
X                                      modem (preferred) 495-3039
X                                            voice 495-5007
X
X
X[Text of letter sent by Loring Chien]
X
X
X                       6519 La Mora Drive
X                      Houston, Texas 77083
X                         October 9, 1988
X
X
XSouthwestern Bell Telephone Company
XP.O. Box 1530
XHouston, Texas 77251-1530
X
Xre: Business Classification of Residential Phone line 495-3039
X
XDear Sirs:
X
XI wish to protest the recent unilateral reclassification by
XSothwestern Bell Telephone Company of the telephone line 495-3039
Xfrom residential service to business service.  I am aware that
Xyou have deemed this line a computer "BBS".  I believe you are
Xgrossly misapplying your tariff in this case where I use the
Xline for hobby purposes.  According to fellow hobbyists, you
Xhave done the same thing all over Houston.
X
XThe acronym BBS is widely used for "Bulletin Board System", not
X"bulletin board service" as stated in your letter.  We will
Xprobably not easily find a legal description of what exactly
Xconstitutes a computer BBS.  Let me describe how I use what you
Xcall a BBS.
X
XMy hobby is computers, and on the phone line in question, I have
Xconnected a computer through a modem at my home.  This system is
Xrun as part of my hobby.  The system allows me to operate my
Xcomputer from remote locations with a modem.  It has also been
Xavailable to interested callers for discussion of both computer-
Xrelated and non-computer related topics of interest and for
Xtransfering data of interest to me and my friends who are also
Xhobbyists.  Like my voice telephone, 495-5007, at the same
Xaddress, the number has been given to my friends and associates. 
XIn some cases they have also given it to their friends.  Both
Xnumbers have been used in the pursuit of my hobby.  On my voice
Xtelephone, I have a conventional phone answering machine.
X
XIn the case of the number in question, 495-3039, I have never,
Xand do not in the future, intend to levy a charge, monetary or
Xother, for persons calling and interacting with the system.  I do
Xnot use the system for advertising or promoting any commercial
Xproducts for financial gain to me or any other party.  Some
Xproducts are discussed, as topics or for informational purposes,
Xin the course of conversations held between me and callers.
X
XI have never engaged in any advertising, such as business cards,
Xcirculars, television or radio ads, newspaper ads, handbills or
Xother printed or broadcast materials, of this system for any
Xreason at all.  I am aware that the number has been placed on
Xlocally- and nationally-distributed lists of computer-callable
Xsystems by other persons who compile such lists.  This is not
Xuncommon; I am on many computerized phone lists, judging by the
Xnumber of unsolicited phone calls I receive on my voice line.
X
XThe equipment on the line in question is a "home-brew" computer,
Xessentially a collection of parts, in some cases designed by me,
Xand in other cases repaired or modified by me and assembled into
Xa functioning computer.  The chassis is a S-100 bus unit made by
XIntegrand, the Z-80 CPU and disk controller made by California
XComputer Systems, the disk drives are 8" floppy media units made
Xby Remex and Siemens.  I designed and assembled the serial port
Xinterface and clock last year. The only other part of the system
Xmade after 1981 is the modem.  This is truly a hobbyist system. 
X
XThe software is also hobbyist in nature.  The operating system is
Xa highly modified CP/M version 2.2, no longer sold.  All the
Xother software in use is considered public domain and customized
Xor written by me.  If you were to ask any reasonably-informed
Xpersonal computer expert, he would inform you that this system
Xwould not today be sold as a commercial system.
X
XYour representative, Ms. Andrea Prothrow, who contacted me via my
Xvoice line, stated that the reason that BBSes are now being
Xcharged business rates is that they provide a service, and that
Xany service must therefore be a business.
X
XHowever, your Exchange Tariff, Section 23, sheet 2, dated
XNovember 20, 1984, effective March 15, 1985, specifically states
Xthat, for phones at residences, business rates are to be in
Xeffect when the nature of use is business rather than
Xresidential.  The tariff suggests that business use is indicated
Xby advertising.  I have also checked my dictionary and it says
Xthat "business" is commerce or trade, with a profit motive.
X
XI assure you that my hobby system meets none of these criteria. 
XI do not advertise for people to call this number, I do not
Xoperate in expectation of profit, and I am not engaged in any
Xcommerce or otherwise commercial activities.  While there may be
Xothers who operate bulletin board systems that advertise for or
Xsupport commercial ventures, I do not.  It is very heavy-handed
Xof your company to, in a blanket fashion, assume that my line
Xand other similar lines carry commercial traffic.  I challenge
XSouthwestern Bell to provide a written  explanation of its
Xreasons for assigning business status to this line.
X
XThe General Exchange Tariff goes on to state that residence rates
Xapply "in private residences where business listings are not
Xprovided."  I believe there is no question that that
Xclassification should apply here.
X
XI expect that Southwestern Bell Telephone will review its
Xdecision and reassign residential status to the phone line 495-
X3039 retroactive to October 1, 1988.  I will remind you that you
Xare a public utility and that the unilateral actions you have
Xtaken are not those taken by a company sensitive to public
Xappearances.  Personal computer operations like that which I have
Xare a bold expression of the freedom we have in this country. 
XSystems such as I have would never be tolerated in a closed
Xsociety like the Soviet Union, where the government and
Xgovernment-controlled utilities would take measures to discourage
Xit. 
X
XIt is important to realize, in this and future related
Xsituations, that transfer of data is not solely a function of
Xgovernment and business.  There are many other users such as I
Xfor whom digital data communication is very much a matter of
Xfreedom of speech, freedom of press, and pursuit of happiness.  I
Xcertainly hope that Southwestern Bell Telephone will not use its
Xposition as a publically-sanctioned monopoly to penalize in any
Xway those who chose to use their residential phones for digital
Xdata.  The difference between business rates and residential
Xrates would add a substantial financial penalty to me as an
Xindividual for the pursuit of my hobby.
X
XOfficials of the Southwestern Bell Telephone Company, and the
Xparties to whom copies of this letter are being sent, have my
Xpermission to call this number (1-713-495-3039 at 300/1200, or
X2400 baud, 8 bits, no parity) and see firsthand that it is not a
Xbusiness.  Please do not call my voice number.  I prefer that all
Xfurther communications from Southwestern Bell Telephone regarding
Xthis account be in writing. 
X
X
XYours truly,
X
X
X
X
XLoring Chien
X
Xxc:
XMr. Coyle Kelley, Executive Director
XPublic Utility Commission of Texas
X7800 Shoal Creek Road, Suite 450N
XAustin, Texas 78757
X
XMrs. Betty Suthard
XPublic Utility Commission of Texas
X7800 Shoal Creek Road, Suite 400N
XAustin, Texas 78757
X
XFederal Communications Commission
X1919 M Street NW
XWashington, D.C. 20554
X
XMr. Donald R. Morris
XThe Houston Post
XP. O. Box 4747
XHouston, Texas 77210-4747
X[Text of a letter written to Donald Morris, columnist for the
XHouston Post]
X
X                       6519 La Mora Drive
X                      Houston, Texas 77083
X                         October 9, 1988
X
X
XMr. Donald R. Morris
XThe Houston Post
XP. O. Box 4747
XHouston, Texas 77210-4747
X
XDear Don:
X
XI have corresponded with you on Bulletin boards some time ago. 
XAt the time we were engaged in fighting 550-pt Adventures on CP/M
Xsystems.  I was co-sysop of RIBBS at that time.  I know that you
Xare a computer afficiando of sorts, and also a frequenter of
XBBSes.
X
XThere is a matter which has come up recently which I think
Xsignificantly affects the future of BBSes in Houston.  My friend
Xand fellow Sysop Bill Pearre has suggested that you might be
Xwilling to use this as a subject for a column in the near future.
X
XThe primary matter at hand is the unilateral action by the
XSouthwestern Bell Telephone Company (SWBT) to raise the rates of
Xthose who operate BBS systems from their homes as a hobby.  Late
Xlast week sysops started receiving calls from Andrea who informed
Xthem that their rates would be changed from the residential rate
Xto the business rate.  Currently the monthly expense of running
Xmy system, Phoenix RCP/M, is about $16.  This is the base
Xresidential rate of $11.25 plus local, state and federal taxes
Xand access charges.  It would actually be possible to lower the
Xbase rate to $8.25 or so if I was to switch to measured service
Xon both my phone lines.
X
XAt the business rate of $35.50 per month, I anticipate that my
Xmonthly expense, including taxes and access charges, would be
Xnearly $46.  The increase in cost of my hobby would be $360 per
Xyear, from $190 to $550, or very nearly trebling my phone cost! 
X
XThere are several issues here.  One is the legality of the SWBT
Xaction.  I have enclosed some materials which are the letter from
XSWBT to me, the SWBT general tariff which details what conditions
Xare required for business classification, and my response.  I
Xthink that I have reasonable grounds for reversal of the
Xreclassification.  If necessary I and other sysops will enlist
Xthe PUC and lawyers to fight this.
X
XThe other issue is the general harrassment by the phone company
Xof modem users in general.  The impression I and others have is
Xthat SWBT an the other Baby Bells regard digital data transfer as
Xthe sole province of government and busines.  There have been
Xrumors to the effect that SWBT may soon be sweeping the lines and
Xany phones bearing modem tones will be subject to commercial user
Xrates.
X
XAs you know there is a group who periodically compile and
Xdistribute, by modem, a list of BBSes in Houston.  The list I
Xhave dated Aug. 5, 1988 has the numbers of 225 such systems,
Xincluding Bill Pearre's and mine.  There are a few of these that
Xare run by computer stores and such, but the majority are
Xprivately-operated systems like mine.  Their future is placed in
Xjeopardy by the reclassification since many sysops cannot afford
X$550/year operating costs.  I predict two-thirds of the private
Xsystems, or somewhere around 130 BBSes would be gone in six
Xmonths time.
X
XMy personal thought is that freedom of digital data transmission
Xshould have been in the Bill of Rights.  Since the Constitution's
Xframers made this oversight, we will have to rely upon freedom of
Xspeech, freedom of the press and pursuit of happiness.  I think
Xthe number of BBSes in operation is a tribute to the freedom we
Xhave in this country.  Can you imagine BBSes operating in the
XSoviet Union?  Now SWBT is mounting a concentrated campaign
Xagainst these systems.
X
XHistorically the phone companies have always had run-ins with
Xmodems.  At first, they tried to maintain a virtual monopoly on
Xthe equipment.  The legal decision that allowed you to own a non-
Xphone company-supplied phone was the Carterfone decision, and
XCarterfone made modems, not telephones.  When I got my first
Xmodem in 1981, the phone companies still wanted to know if you
Xwere attaching a modem to their line.
X
XLater on, in California, Pacific Bell was engaged in trying to
Xdestroy BBSes and actually confiscated the BBS equipment of a
Xsystem there.  Allegedly the message base of that system
Xcontained information used by phone phreaks to mess with the
Xphone company's equipment.  Although the content of the messages
Xwas not known by the sysop, the phone company held him
Xresponsible. In fact, they seized not only the BBS system but all
Xthe computer equipment in his house, and he was a professional
Xcontract programmer.  The outcome, I believe was in the sysop's
Xfavor, but the overwhelming tone was that Pac Bell was trying to
Xintimidate the BBS community.
X
XOver the last two years there was a running campaign on the BBSes
Xto write to the FCC regarding some phone-company sponsored
Xregulation-change proposals to heavily raise rates to users of
Xlong distance digital data communications.  Happily the FCC saw
Xotherwise and users of Compuserve etc. were protected from what
Xcould have been a doubling of access rates to those systems.
X
XAs stated earlier, I am enclosing some materials I have written
Xor received.  These are the letter from SWBT, the tariff in
Xeffect, and letters to SWBT.  There is also an analysis of
Xpossible actions we can take.  Other sysops are taking action. 
XThere are some notes on the HAL-PC board as well as Ye Olde
XBailey, a legal BBS (at 520-1569) here in town.
X
XIf you could, Don, please consider a column devoted to some of
Xthe issues here.  I and the BBS/modem community here in Houston
Xwould be highly appreciative.  Thanks.
X
X
XYours truly,
X
X
X
XLoring Chien
XSysop, Phoenix RCP/M, 495-3039, 300/1200/2400 baud
X
X
X
X
X
X
X
X
X
________This_Is_The_END________
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X
XArea 75  [58]   > 78  Highest read: 58
XFrom:    Eric Larson  106/386      
XTo:      John Secor  106/889      Msg #58, 14 Oct 88 19:47:14
XSubject: Re: BBS telephone rates
X
X >>
X >> As far as I know it's local to your telephone company. If
X >> I were you I would write to the PUC, give them a copy of
X >> the Telephone company's directive, and include a very polite
X >> letter about the difference between a business and a hobby.
X >> I bet the PUC jumps on the telephone company's case!
X > Jeff, the above argument will have a MUCH better chance IF the BBS is a
X > free bbs, it it requires a fee to use the system, of a 'Donation' for
X > better access, then the Phone company may have a point.
X 
XA couple of ideas....
X 
XMaybe the PUC would view this as a rate increase by the phone company without 
Xthe PUC's review?  Point out that if BBS's are a service, they are a PUBLIC 
Xservice, operated by sysops out of the goodness of their hearts, and refer 
Xthem to Echoes like Grand_Rounds. Perhaps BBS' really deserve FREE basic phone 
Xservice for the community spirit and goodwill they generate - not to mention 
Xpublic education, contributing to an environment that supports the growth of 
XHigh Tech local industry, and on and on. Maybe the phone company should pay 
Xthe sysops for the priviledge of hooking their phone lines to the BBS...
X 
XCertainly regulatory agencies have been favorable toward similar groups, i.e. 
XPublic Television, which operates under a completely different code than 
Xcommercial TV, and amateur radio operators, in the past.
X 
XRemember some of the arguments fostered during the Computer III row with the 
XFCC? Telecommunications is a strategic industry for the future growth of the 
XUS, and as such, deserves special treatment by the regulatory industries to 
Xfoster it's growth - and certainly hobbyists have had a big impact in the 
Xtechnologies now used by business. Heck, Fidonet carries more traffic, and has 
Xmore nodes than any commercial E-Mail net, including Western Union. Maybe the 
Xphone company should be required to donate hardware to sysops.
X 
XPoint out that under recent regulatory action by the FCC and Judge Greene that 
Xlocal phone companies are now permitted to act as gateways to commercial 
Xon-line services, and this action is clearly a move by the bad evil phone 
Xcompanies to use their clout to unfairly restrict competition from hobbyists 
Xoffering similar services free or much cheaper. Maybe the phone companies had 
Xbetter pay a whopping fine for trying to unfairly use their control of access 
Xto phone service to generate business in a related market. In fact, they had 
Xbetter not even be allowed to offer services like this because of their nasty 
Xbehaviour. Of course, this fine should be returned to the local BBS community. 
XWrite lots of letters to congressmen, especially Mr. Markey, Dem, Mass., who 
Xis chairman of the House telecommunications subcommittee, and whose threat of 
Xlegislation was the primary reason that the FCC dropped the VAN access fee 
Xproposal. Write letters to Judge Greene. I'm sure he would be interested!! 
XWrite letters to the local newspapers pointing out evil anti-competitive 
Xactions of the phone company. In other words, make a real big stink.
X 
XBad, BAD, phone company.
X 
XBy the way, what is IFNA doing?
X 
X 
X 
X 
X 
X
X--- ConfMail V4.00
X * Origin: Shockwave Rider HST *Mac Support* (1:260/330)
X
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X
X
X                  *****  P U B L I C   N O T I C E  *****
X
X
X          Southwestern Bell Telephone is attempting to eliminate
X       non-commercial Bulletin Board Systems in its operating area.
X
X
XHistory:
X
X        A protest was filed by a commercial bulletin board operator
Xwith the Texas Public Utilities Commission regarding special rates
Xgranted a competitor.  This forced Southwestern Bell to review its
Xoperating Tariff.  Unfortunately the protestor also ran a Bulletin
XBoard System.
X
X        Southwestern Bell representatives met with a small group of
XSysops in June of this year on a fact finding mission.  The
Xrepresentatives were assured that the Bulletin Board Systems served
Xthe community and were of a hobbyist nature.  At this meeting a copy
Xof a Houston BBS listing was voluntarily handed over to them at their
Xrequest.
X
X
XBell's Action:
X
X        After reviewing the information garnered with their lawyers
XSouthwestern Bell Telephone concluded they could reclassify all
XBulletin Board Systems as Bulletin Board Services.  A small
Xdistinction but according to the Tariff all "Services" are
Xconsidered to be business enterprises.  This encompasses non-profit
Xorganizations, churches, and other entities where no fee is charged.
X
X        As a "Utility" Southwestern Bell Telephone is regulated by
Xthe Texas Public Utilities Commission.  Southwestern Bell's return
Xis set by this commission which was reported to be 12.5% last year.
XHowever this profit margin is unique in that it is based on the Bell's
Xincoming revenues.  Thus the greater the incoming revenues the larger
Xthe actual profit in dollars.
X
X        All States served by Southwestern Bell Telephone will be
Xaffected. This is not a state issue but a regional one.  And it is
Xstrongly believed that if Southwestern Bell is successful in defending
Xthe reclassification other telephone operating companies will adopt
Xthe measure.  The name of the Utility Commissions will be different but
X the issue will be the same.
X
X        In late September or early October certified letters
Xwere mailed to the Sysops identified on the Houston BBS Listing
Xadvising them of the reclassification.  Stating what the business
Xrate would be and when it would become effective, almost tripling
Xthe residential amount.
X
X
XSysop's Reaction:
X
X        Southwestern Bell was contacted directly and issued a
Xrange of responses.  Unknowledgeable about Bulletin Board Systems
Xin general, believing all were engaged in pirating game software
Xor phreaking the telephone system.  Disbelieving that anyone would
Xbe willing to invest the time and expense of operating a BBS without
Xsomehow profiting financially.  Others were sympathetic and enforcing
Xa company policy they couldn't change.  And one who admitted
XSouthwestern Bell's management knew it would evoke a storm of protest
Xbut had opted to ride out the tempest.  Seems their lawyers had assured
Xthem "they could get away with it"!
X
X        The Public Utilities Commission was contacted by numerous
Xindividuals.  Their recommendation is to file an individual protest
Xwith the commission.  Pay only the previous residential rate and
Xenclose a letter of protest with every bill notifying Southwestern
XBell the reclassification is being contested.  The PUC will then
Xcontact Bell on a case by case basis,
Xaddress below.
X
X        Public Utilities Commission
X        Ms. Betty Suthard
X        7800 Schoal Creek Blvd.
X        Suite 450 North
X        Austin, Texas  78757
X
X        A meeting of Houston FidoNet Sysops was held Saturday,
XOctober 15, 1988, that welcomed any Sysop to discuss Bell's action.
XReginald Hirsch and Bruce Penny gave presentations and a general
Xdiscussion ensued for several hours.  General consensus was reached
Xon several issues.
X
X
XGeneral Consensus:
X
X        Reginald Hirsch will file a suit against Southwestern Bell's
Xreclassification of the Bulletin Board Systems.  He is seeking
Xrepresentatives from all the different BBS operating systems to
Xjoin him in this action.  In laymen terms it would be considered a
X"Class Action" suit.  He has scheduled a meeting to further inform
XSysops of this issue.
X
X        By reclassifying Bulletin Board Systems as "Services"
XSouthwestern Bell has placed to burden of proof on the Sysop.  We
Xfeel this would severely inhibit the establishment of new Bulletin
XBoard Systems for they would automatically be classified as a
Xbusiness service.
X
X        We seek to assure the right of any person to establish
Xa non-profit Bulletin Board System in their residence.  That said
XBulletin Board System should be accessed residential rates for it
Xis of a hobbyist nature rather than commercial.
X
X        Southwestern Bell is a very powerful entity with unlimited
Xresources.  Thus our fight is expected to extend for months if not
Xinto the next Governor's race.  The final result of our actions might
Xbe a special dispensation for all free Bulletin Board Systems under
XBell's operating Tariff.
X
X
XThose Offering to Help:
X
X        The Sysops are still organizing and accepting ideas on
Xpossible actions.  No negative actions are to be taken whatsoever!
XFor we must have public opinion for us, not against.  We would prefer
Xto wait until a Concerted Effort can be organized before we take action.
XPlease keep in contact with your favorite BBS for all Sysops will become
Xinvolved before the matter is resolved.
X
X        The Sysops of the Fee-based Bulletin Board Systems are
Xjoining the suit to assure the PUC that the non-charging BBSs
Xaren't in competition with them.
X
X        FidoNet, roughly 4,500 Boards connected internationally,
Xis willing to back any reasonable actions against Southwestern Bell in
Xwhatever ways possible.  The leadership realizes this reclassification
Xwill not remain a regional one.
X
X
XScheduled Meetings:
X
XFrom:   Reginald Hirsch
XRE:     Notice of Meeting October 27,1988 Noon
XPlace:  1980 Post Oak Blvd.#1780
X        Houston,Texas 77056
XPhone : 1 713 961 7800
XDate:   October 6,1988
XFor:    Immediate Distribution all Sysop's State of Texas
XOrigin: Ye Olde Bailey  Houston,Texas Data 1 713 520 1569
X
XSouthwestern Bell has given notice of their interpretation of a
XTexas Public Utility regulation which effective 11/1/88 raises all
XBBS's systems in the State of Texas from a residential to business
Xrate.  The result is a double in rates.  I asked to see a copy of
Xthe announcement and was told that it was internal.  I am getting
Xthe particular tariff.  I am going to hold a lunch, BYOL in my office
Xfor concerned users and sysops Thursday October 27,1988 noon 1980
XPost Oak Blvd. #1780,Houston,Texas 77056.  Please confirm by calling
X1 713 961 7800 ask for Sandy.  The purpose of the meeting is discuss
Xthese events and what course of action to take.Please tell other sysops.
XDownload Tariff.arc and disseminate to your favorite Board.
XTime is short.
X
X
X* Original: FROM.....Jim Westbrook (382/30)
X* Original: TO.......Merrilyn Vaughan (106/0)
X* Forwarded by ......OPERETTA 106/889
X
XMerrilyn,
X
X        This is an invitation for you, your net, and ANY interested
Xsysops in your area to attend the November 10th meeting of the Central
XTexas Sysops Assn. in Austin, TX.
X         The topic of the evening will be the current "re-interpretation"
Xof phone billing rates taking place in Houston and soon to be other
Xlocations served(?) by South Western Bell.
X        Representative(s) of SW Bell will be the guest speakers and
Xaccept questions from the floor.  Other organizations which are
Xreceiving invitations include:  the Public Utilities Commission,
Xthe Austin Zoning Commission, the American Civil Liberties Union,
Xthe Federal Communications Commission, and various elected representatives
Xin State and Federal government.
X        Please forward a copy of this message to each node in your net
Xwith a request that they in turn pass on the information to any non-net
Xboards which they frequent.
X
XLocation:  Criss Cole Rehabilitation Center Auditorium
X           4800 N. Lamar
X           Austin, TX
X
XDate:      November 10, 1988
XTime:      7:30pm - ???
X
X        As a strong showing of BBS operators may influence the outcome
Xof the SW Bell actions, attendance by sysops from your area is to our
Xmutual benefit.  I, for one, resent SW Bell's reclassification of ANY
Xhobby BBS to business class phone rates.  Particularly in the absence
Xof public hearings and approval by the PUC.
X
XLooking forward to seeing you on Nov. 10th,
XJim Westbrook - President, Central Texas Sysop Assn.
X
X
X   --------
X
________This_Is_The_END________
if test `wc -l < notice.txt` -ne 201; then
	echo 'shar: notice.txt was damaged during transit (should have been 201 bytes)'
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echo 'x - readme.first'
if test -f readme.first; then echo 'shar: not overwriting readme.first'; else
sed 's/^X//' << '________This_Is_The_END________' > readme.first
X    Beginning the 1st of October, 1988, Southwestern Bell
XTelephone Company began contacting Bulletin Board Sysops
Xin Houston.  Their message was simple.  "We have determined
Xthat we have been undercharging you and beginning with your
XOctober bill, we are going to charge you business rates
Xbecause you are running a computer bulletin board."  In the
XHouston area this will result in an increase in the base
Xrate from $13.35 to $32.85 per month for each line.
X    We have heard that SW Bell intends to follow this same
Xpolicy throughout Texas.  If this action is allowed to
Xsucceed unchallenged, we feel that it constitutes a grave
Xthreat to our bulletin board hobby as we know it today.
X    What can you do to help?  First read the enclosed files.
XThey should provide you with an understanding of what is at
Xstake.  Then, if you are a sysop in Texas and you receive a
Xletter from Southwesten Bell raising your rates, file a
Xcomplaint with the Texas Utility Commission.  If you are a
Xsysop anywhere, write the Texas Public Utility Commission
Xand protest this action.  Distribute this file as widely
Xas you can.  Tell your users about this action and the
Xthreat that it represents to their hobby.  Urge them to
Xwrite letters to the Texas Public Utility Commission
Xprotesting the action being taken by Southwestern Bell.
X    In your letters emphasize the hobbiest nature of your
Xsystems.  Tell the commission about the public interest
Xnature of bulletin board systems.  Tell them what it will
Xmean not only to you, the sysop, but to bulletin board
Xusers everywhere if half of the bulletin boards close
Xdown because they cannot afford to stay open.
X    If you are a Texas BBS sysop and you receive a letter
Xfrom Southwestern Bell raising your phone rates and you
Xwould like to to more than just protest to the PUC,
Xconsider joining in filing a formal complaint with the
XPUC as part of a class action.  For information on that
Xoption contact Reginald Hirsch at the address in address.lst.
X
X
X      Merrilyn Vaughan
X      Net Coordinator, Net 106
X      Houston, Texas
X
X   -------------------------------------------
X    Contents of Enclosed Files
X
XReadme.1st      This file
XBBS.Txt         Houston Chronicle article with General information
X                on the rate hike
XVidtex.Txt      Article of U.S. Videotel's plans for the
X                nationwide provision of information services
XTariff.Txt      The text of the current Texas tarriff
XAddress.Lst     Address of Texas PUC
XFonewar1.Doc    Letters from SW Bell to sysops, and sysop
X                responses
XNotice.Txt      Background and history on rate hike
XHints.msg       Some thoughts to keep in mind while writing your letter
X
X    -------------------------------------------
X
XFor further information contact:
X
X     Justin Marquez, RC, Region 19, 106/100
X     Merrilyn Vaughan, NC, Net 106, 106/889
X     Reginald Hirsch, Ye Ole Bailey, 1-713-520-1569 (Data, PC-Board)
________This_Is_The_END________
if test `wc -l < readme.first` -ne 63; then
	echo 'shar: readme.first was damaged during transit (should have been 63 bytes)'
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if test -f tariff.txt; then echo 'shar: not overwriting tariff.txt'; else
sed 's/^X//' << '________This_Is_The_END________' > tariff.txt
XPresident - Texas Division                  General Exchange Tariff
XSouthwestern Bell Telephone Company           Section:    23
XDallas, Texas                                   Sheet:    2
XIssued:  November 20, 1984                  Revision:     Original
XEffective:    March 15, 1985                Replacing:    
X
X      RULES AND REGULATIONS APPLYING TO ALL CUSTOMERS' CONTRACTS
X
X3.  APPLICATION OF BUSINESS AND RESIDENCE RATES
X
X    3.1  Business rates apply at the Following Locations:
X
X         In offices, stores, factories, and all other places of 
X         strictly business nature.
X
X         In boarding houses (except as noted below), offices of 
X         hotels, halls and offices of apartment buildings, quarters 
X         occupied by clubs, or lodges, public, private or parochial 
X         schools, or colleges, hospitals, libraries, churches, and 
X         other similar institutions, except in churches and lodges as 
X         specified below.
X
X         At residence locations when the customer has no regular 
X         business telephone and the use of the service either by 
X         himself, members of his household or his guests, or parties 
X         calling him can be considered as more of a business than a 
X         residence nature, which fact might be indicated by advertis-
X         ing, either by business cards, newspapers, handbills, bill-
X         boards, circulars, motion picture screens, or other advertis-
X         ing matter, such as on vehicles, etc., or when such business 
X         use is not such as commonly arises and passes over residence 
X         telephones during the intervals when, in compliance with the 
X         law or established custom, business places are ordinarily 
X         closed.
X    
X         At residence locations, when the service is located in a 
X         shop, office or other place of business.
X
X         In college fraternity houses where the members lodge within 
X         the house.
X
X         At any location where the listing of service at that loca-
X         tion indicates a business, trade or profession, except as 
X         specified below.
X   
X    3.2  Residence Rates Apply at the Following Locations:
X
X         In private residences where business listings are not 
X         provided.
X
X         In private apartments of hotels, rooming houses or boarding 
X         houses where service is confined to the customer's use, and 
X         elsewhere in rooming and boarding houses where are not 
X         advertised as a place of business or which have less than 
X         five rooms for roomers or which furnish meals to less than 
X         ten boarders, provided business listing are not furnished.
X
X         In the place of resience of a clergyman, physician, dentist, 
X         veterinary surgeon, other medical practitioner, Christian 
X         Science practitioner, nurse, midwife, or in their office, 
X         provided the office is located in their residence and is not 
X         a part of an office building.  In any such cases the listing 
X         may indicate the customer's profession, but only in connec-
X         tion with an individual name.  If listings of firms or 
X         partnerships, etc., or additional listings of persons not 
X         residing in the same household are desired, business rates 
X         apply.
X
X         In a private stable or garage when strictly a part of a 
X         domestic establishment.
X
X         In churches where the service is not accessible for public 
X         partronage, as in pastors' studies.
X
X         In lodges where there is only occasional use of the service.
X       
________This_Is_The_END________
if test `wc -l < tariff.txt` -ne 76; then
	echo 'shar: tariff.txt was damaged during transit (should have been 76 bytes)'
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echo 'x - vidtex.txt'
if test -f vidtex.txt; then echo 'shar: not overwriting vidtex.txt'; else
sed 's/^X//' << '________This_Is_The_END________' > vidtex.txt
XHouston Chronicle
XMonday, September 18, 1988
X
X
X
X  "INFORMATION SERVICE TO BE TESTED IN AREA"
X      By John Barnett
X
X  "Imagine reading several different restaurant menus at home before
Xdeciding where to go, or asking a computer to locate the closest theater
Xshowing your favorite movie.
X   That and more will be possible in the Houston area in March when
XSouthwestern Bell, Houston-based U.S. Videotel and Audio Information
XSciences Inc. begin testing new services available through the phone
Xsystem.
X   The services will range from airline information to movie guides
Xto horoscopes.  Customers will be able to view the listing with a
Xsmall desktop terminal hookep up to the phone lines.  Customers without
Xterminals will be able to get similar information through Touch-Tone
Xphones.
X   'Houston will be the site of the largest voice and data gateway
Xtrials ever conducted in the United States, starting in March,' said
XSouthwestern Bell spokesman Ken Brasel. 'This will be the first time
Xboth voice and data gateways will be available to an entire market'
X  Dialing a phone number will put customers in touch with the information
Xsystems.  Houston's 1 million Touch-Tone phone customers will have
Xaccess to the voice information.
X  The phone company plans for about 60,000 customers to access the
Xservice through Videotel terminals or their own personal computers.
X  Southwestern Bell plans for the information menu to be free, with
Xmany of the information services from the menu also free.  Before
Xa customer uses a service, he will be clearly notified if it has
Xa fee.
X   Southwestern Bell will also offer free blocking preventing access
Xto the system.  Customers will also have the option of blocking only
Xthe services that charge a fee.
X  U.S. District Court Judge Harold Greene, who directed the breakup
Xof the nation's phone system, in September 1987 lifted the restriction
Xforbidding regional Bell operating companies from participating
Xin information services delivery.  That opens the door for in-home
Xphone information services.
X  Ray Mashburn, Southwesten Bell program director, said the company
Xchose Houston for the tests because the city has many customers who
Xwould be interested in the services offered on the system.
X  U.S. Videotel has been testing its system in Houston.  The company
Xhas about 850 terminals in operation, said Videotel President Mark
XSwank.
X  'We have successful videotex services up and running in Houston
Xand have lined up numberous information providers that we'll be putting
Xbehing the Southwestern Bell gateway,' Swank said.
X  U.S. Videotel is basing its system on the French Minitel system,
Xwhich has about 4 million users.  U.S. Videotel uses the Minitel
Xcomputer modified for American use.
X  The tests will serve two functions for U.S.Videotel, Swank said.
XThey will provide large-scale use of the terminals, which will help
Xdetermine the services people want most, and they will provide a
Xbasis for the firms expansion into other areas of the country, he
Xsaid.  U.S. Videotel is negotiating with five other Bell operating
Xcompanies...to provide similar information services.
X  'Our intentions are national in scope,' Swank said.
X  U.S. Videotel will provide the technology and software for the
Xsystem and will be responsible for maintaining the information
Xlistings."
X
X
X
X
________This_Is_The_END________
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	echo 'shar: vidtex.txt was damaged during transit (should have been 67 bytes)'
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exit 0
------------------------------------CUT HERE-----------------------------------
______________________________________________________________________________
"We can do anyting we want.  We're government!"  -- "Face" on _A-Team_

Alpha/Strek Enterprises, Inc.       Internet: ttardis!lfm@rel.eds.com
JT the LFM (Large Furry Marsupial)      UUCP: ...uunet!sharkey!rel!ttardis!lfm

sean@pattye.lonestar.org (Sean McCollister) (01/06/90)

In article <2417@ttardis.UUCP>, lfm@ttardis.UUCP (The Master -- ttardis SuperUser) writes:
 
> In late 1988 and early 1989, Texas AT&T affiliates attempted some "strong-arm"
> tactics with the local BBS's.  As a followup to the current "troubles", I
> am posting a shar file of the postings which concern AT&T attempts for
> interested users.

Pardon me?  "AT&T affiliates"?  "AT&T attempts"?  "Strong-arm tactics"?

In case you haven't noticed, Southwestern Bell (or any other Bell Operating
Company, for that matter) has not been an "AT&T affiliate" since 1/1/84.
AT&T has made no attempt to charge anyone a higher rate for their BBS
lines because AT&T is no longer in the business of providing anyone's
dial-tone.

Please check your facts before making such accusations in public.

-- 
Sean					Internet:  sean@pattye.lonestar.org
McCollister				UUCP:  {texbell,attctc}!pattye!sean

root@johnbob.uucp (01/11/90)

In article <70194@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:
>a) A modem call is *not* the same as a voice call.  (This has more to
>do with the local BBS == business line question than the $5/hour surcharge
>question.)
...
>	o) Modem calls involve continuous transmission of singal in both
>	  directions at all times.  Voice calls are almost always half
>	  duplex (except with rude people!) and also full of the gaps between
....
>	  uses at least 3 times the bandwidth of a voice call.
???  I was under the impression that for local calls all the bandwidth is
available all the time.  Does anyone know of a local phone system that
compresses the signal to remove silence?  If your local phone system doesn't
then a modem call will have the same bandwidth as a voice call, even during
the silent parts.  (you're just using all that bandwidth to send nothing)
This claim of a modem using 3 times the bandwidth sounds bogus.
For a long distance call over a packet network, I can see how a modem would
use more bandwidth.

John Harvey
AT HOME  ...!sequoia!johnbob!jph  OR
..!uunet!cs.utexas.edu!execu!sequoia!johnbob!jph
AT WORK  john@johnbob  OR
         @cs.utexas.edu:ibmchs!auschs!johnbob.austin.ibm.com!john  OR
..!uunet!cs.utexas.edu!ibmaus!auschs!johnbob.austin.ibm.com!john
I don't speak for anybody.  Not even myself.