[comp.dcom.telecom] New Zealand Sysop Fights Telco on Business Rates

clear@cavebbs.gen.nz (01/16/91)

My experience of BBSs and business rates may be of interest to other
c.d.telecom readers. I have followed the debate with keen interest and
submit my scribblings for comparison.
 
New Zealand Telecom is now a private corporation, the NZ Government
holds a controlling share, NZ Telecom and a consortium (including Bell
Atlantic and Ameritech) holding the rest. The telco is split into
several regional operating companies (ROCs), despite a population of
only three million.
 
I have been running a BBS for over three years. In that time I've had
no real cause for complaint. When I upgraded my BBS, I was asked why I
needed three lines into my house. The clerk listened politely, and not
only gave me my choice of numbers but found desirable ones in a
hunting group. They were listed in the directory as The Cave BBS.
 
In September I put a 3B2 system online to provide a public access
Usenet feed and requested another four lines. I was asked the purpose,
and again no trouble. The clerk asked her supervisor to call me. After
verifying that I was not running a commercial system he allowed the
residential classification to proceed. He asked if I intended changing
to a commercial BBS structure in the future. I assured him that if I
went commercial, or got a company to sponsor one or more lines, those
numbers would be notified to Telecom and a reclassification to
business rates would be in order.
 
In October I was startled to receive a phone call from my boss.
Someone purporting to be from Telecom Investigations Division had rung
my workplace and demanded all sorts of confidential information. When
none was forthcoming, they rang off and called back a co-worker. Did I
work from home? What was my connection with the firm? Did I do
business from my home address? Did they redirect callers to my home
number?
 
Shortly after, I was called at home by a person describing himself as
the Manager of Directory Services. I had been "under investigation" for
"some time" for illegally running a business from my home while
maintaining residential phone rates. If I was found "guilty", this
person assured me my "fraudulent" activities would not only result in
business rates being applied and backdated to the time of line
installation, I might be prosecuted.
 
I explained the whole BBS scenario to this guy, who refused to believe
a word of it. Nobody allowed Joe Public to access their computer for
nothing. "I got a computer on my desk. I use databases. They cost a
lot of money." I listed the differences between a BBS and a database.
"Even so, you wouldn't have seven lines running into your house if you
weren't running a business." Again, I detailed what a BBS was,
including the analogy between CB radio and boards. They do it with
radios; we do it with modems.
 
"You still haven't convinced me. I'll give you fourteen days to get a
written explanation to me or else I will reclassify all your lines as
business."  If I disputed his decision, who would I appeal to?
"Nobody, I am the person in charge of deciding what is and isn't a
business. I make the decision, and if you refuse to pay we'll charge
you with fraud."
 
Hell, I didn't need fourteen days. I waited for half an hour before I
stopped shaking with anger, and phoned the area manager of my ROC. He
was horrified at what had happened. He'd check it out and get back to
me. I hookflashed and dialled my contact within Telecom Corporate (Hi
Nelson!). He said he'd suss it out and get back to me.
 
After two days, I got a call from the area manager apologising for
this person's actions (far from being in charge, he was in fact at
office supervisor level). I had come to his attention because the data
entry clerk had queried four new listings with the same address being
flagged residential. The lines would remain at residential rates, I
had no need of a letter of explanation and would I please forget about
the whole matter.
 
That's where it would have ended, but in typical world-wide telco
style the next bills arrived with my rating on all six lines changed
to business ... so much for fourteen days to convince the Manager
Directory Services! Four of them have since been changed back, but I'm
still waiting for the other two to be reversed and still waiting for
the credit for the overcharges.
 
This has two important lessons for TELECOM Digest readers in the USA: 

1 - A totally deregulated telecommunications environment is not
desirable except in economics textbooks, as not only could I not have
appealed the "business rates" decision (PUCs? Hell, this is
DEregulation!) but there is no regulatory body stopping Telecom (or
even my ROC) from introducing a special tariff for hobby BBS systems.

2 - Representatives of Bell Atlantic have told me in person that New
Zealand is now very much the US "guinea pig" system as far as rating
and tariffs are concerned. (Maybe our system was unneccessarily split
into ROCs to better simulate the American telco model?) Any decisions
with regard to business rate charging for BBSs in New Zealand are
likely to have a flow-on effect to the RBOCs in the USA. If they can
get away with it here, you can bet they'll try getting it past the
PUCs on precedent.
 
I'm just damn lucky I have a reasonable, responsible area manager. 
 
Mr. Townson, I respect your arguments for/against BBS business rate
classification (do I get the impression you're enjoying playing
devil's advocate?  8-). Nothing you have said convinces me that
SWBell/GTE is anything but a clear case of discrimination based on the
number of inbound calls.
 
Business rates are designed to recover fair costs of a large number of
bidirectional calls. Most business lines have some form of keyphone or
PABX installed, reducing the number of trunks required compared to the
number of handsets in use. Business rates recover that loss. No tariff
I have seen allows a telco to arbitrarily change the classification of
a line used for residential purposes merely on the basis of the number
of calls received.
 
If that was the case, every home with a teenaged daughter would be in
for a nasty surprise when the next phone account arrives.


Charlie "The Bear" Lear | clear@cavebbs.gen.nz | Kawasaki Z750GT
DoD#0221 The Cave MegaBBS +64 4 643429 V32     
PO Box 2009, Wellington,  New Zealand

herrickd@uunet.uu.net (daniel lance herrick) (01/18/91)

In article <16105@accuvax.nwu.edu>, clear@cavebbs.gen.nz writes:

[detailed account of relations with phone company in New Zealand]

> 1 - A totally deregulated telecommunications environment is not
> desirable except in economics textbooks, as not only could I not have
> appealed the "business rates" decision (PUCs? Hell, this is
> DEregulation!) but there is no regulatory body stopping Telecom (or
> even my ROC) from introducing a special tariff for hobby BBS systems.

A totally deregulated telecommunications environment would allow you
to call one of the other phone companies and tell them you don't like
the service from your current company, "please switch my phones to
your company".  Then we would find out what communications costs.

Seven lines is approaching the fringe at which you should explore the
cost of T1 service.  If you can buy the wire service from someone
other than the phone company, get surplus T1 hardware, and only buy
phone numbers from the local company (maybe even taking the T1 to the
long distance company's Point of Presence) you could end up with lower
communications cost and spread it around among more suppliers.

(T1 is enough digital bandwidth for 24 voice lines on two twisted
pairs.  The breakeven point for installing it depends on how long
those twisted pairs have to be.)


Dan Herrick  Aricol Communications   POBox 1419   Mentor Ohio  44061
(216) 974-9637      herrickd@iccgcc.decnet.ab.com

goudreau@dg-rtp.dg.com (Bob Goudreau) (01/22/91)

In article <16105@accuvax.nwu.edu>, clear@cavebbs.gen.nz writes:

> This has two important lessons for TELECOM Digest readers in the USA: 

> 1 - A totally deregulated telecommunications environment is not
> desirable except in economics textbooks, as not only could I not have
> appealed the "business rates" decision (PUCs? Hell, this is
> DEregulation!) but there is no regulatory body stopping Telecom (or
> even my ROC) from introducing a special tariff for hobby BBS systems.

Au contraire; in a *totally* deregulated telecommunications
environment, you wouldn't be forced into the arms of a single telco.
Complete deregulation would allow competition in both the long
distance and local markets, and you'd be able to switch to a competing
telco if not satisfied with your current one.

The problem you're experiencing is a result of *unbalanced*
deregulation.  There is still a regulation giving the telco a legal
monopoly, but some of the regulations protecting consumers from that
monopoly have been removed.  Regulation does have its place, and
telcos that gain the privilege of monopoly must be prepared to
surrender some of the normal privileges of the market as well.


Bob Goudreau				+1 919 248 6231
Data General Corporation		goudreau@dg-rtp.dg.com
62 Alexander Drive			...!mcnc!rti!xyzzy!goudreau
Research Triangle Park, NC  27709, USA

sbeagle@kennels.actrix.gen.nz (Sleeping Beagle) (01/24/91)

goudreau@dg-rtp.dg.com (Bob Goudreau) writes:

> In article <16105@accuvax.nwu.edu>, clear@cavebbs.gen.nz writes:

> > 1 - A totally deregulated telecommunications environment is not
> > desirable except in economics textbooks, 
 ...

> Au contraire; in a *totally* deregulated telecommunications
> environment, you wouldn't be forced into the arms of a single telco.
 ...

> The problem you're experiencing is a result of *unbalanced*
> deregulation.  There is still a regulation giving the telco a legal
> monopoly, but some of the regulations protecting consumers from that
> monopoly have been removed.  Regulation does have its place, and
> telcos that gain the privilege of monopoly must be prepared to
> surrender some of the normal privileges of the market as well.

Wrong.

There is no legal barrier to anyone setting up another telco in New
Zealand. The only problem is that this theoretical start-up
(up-start?) would be fighting against one of the more powerful
companies in New Zealand with a fully established network. One or two
companies have tried but have got nowhere.

People in New Zealand cannot shop elsewhere, there may be no legal
problems with setting up another shop, it's just that no one can
afford to!


sbeagle@kennels.actrix.gen.nz 
Thomas.Farmer@bbs.actrix.gen.nz

goudreau@dg-rtp.dg.com (Bob Goudreau) (01/25/91)

In article <16362@accuvax.nwu.edu>, sbeagle@kennels.actrix.gen.nz
(Sleeping Beagle) writes:

> > The problem you're experiencing is a result of *unbalanced*
> > deregulation.  There is still a regulation giving the telco a legal
> > monopoly, but some of the regulations protecting consumers from that
> > monopoly have been removed.

> Wrong.

> There is no legal barrier to anyone setting up another telco in New
> Zealand. The only problem is that this theoretical start-up
> (up-start?) would be fighting against one of the more powerful
> companies in New Zealand with a fully established network. One or two
> companies have tried but have got nowhere.

When you say "there is no legal barrier to anyone setting up another
telco in NZ", are you talking about *local* service as well as long
distance?

The original poster mentioned that NZ's new ROCs (regional operating
companies) were analogous to the RBOCs that exist in the US.  I
therefore inferred that the ROCs (like the RBOCs) held legal
monopolies for providing local service within their respective
regions.  (Note the distinction between local service, which even in
the US is still a regulated monopoly, and competitive long-distance
service).  When I said "there is still a regulation giving the telco a
legal monopoly", I was referring to local service.

Is it indeed the case that NZ has opened even *local* telephone
service to competition?  If so, what measures exist to ensure fair
dealings in setting up inter-connectivity between competing carriers,
use of rights-of-way for land lines, telephone number assignment, etc?

Or are you merely asserting that only long-distance service has been
deregulated, but that no new competitor has yet been able to gain
significant market share?  In the US this was less of a problem, since
new LD companies were already waiting in the wings when AT&T lost its
monopoly on LD service.  But in NZ it sounds like the problem is that
the government deregulated the LD industry without bothering to break
up the old monopoly.


Bob Goudreau				+1 919 248 6231
Data General Corporation		goudreau@dg-rtp.dg.com
62 Alexander Drive			...!mcnc!rti!xyzzy!goudreau
Research Triangle Park, NC  27709, USA

0004133373@mcimail.com (Donald E. Kimberlin) (01/26/91)

   A recent thread here discusses the practicality of competition arising
in New Zealand, to let market forces work on monopolistic practices
and prices of Telecom NZ.

   One statement too broadly made and accepted without question is to
feel that, "competition is impractical."  This is largely based on a
belief that any competitor would have to build parallel transmission
plant using the same technology or a similarly expensive technology as
the existing company.

   I'd like to posit a few thoughts that counter such a view.

   Here in the US, the FCC undertook to let technology erode the
rather shaky "natural monopoly" enjoyed by local Telcos.  Thus, we
have seen the ownership of cellular radio by non-Telcos.  One maker,
IMM of Philadelphia, has even fielded a cellular system suitable for
use in rural areas to fixed positions.  An even earlier technology
from Farinon in the US and a Canadian firm used lower frequencies in
the 450 Mhz region to serve rural users.  We had a non-directional
microwave technology called Digital Termination Service that was
premature for the marketplace, with so few people applying for it that
the FCC withdrew the frequency allocations.

    In England, the government legislated local competition into
existence, with Cable and Wireless' Mercury Communications developing
means to provide local telephone channels via existing cable
television.

    Most recently, we have seen a US proposition, backed by the FCC,
to let cable TV companies operate nodes of PCN telephones (akin to the
UK "Phonepoints") along their cable routes.

    If the regulators or legislators in NZ will simply let
entrepreneurs loose to try their ideas, New Zealanders might have a
choice within a shorter time than Telecom New Zealand realizes!
That's not to say they would realize what is happening to them very
rapidly.  Here is the US, most local Telcos are at present trying to
ignore the threat, and hoping the public won't find out there really
is no "dial tone monopoly;" that thay've all been living in Oz (and I
don't mean NZ's cousins a thousand miles or so to the west!)