judy@moray.UUCP (Judy Scheltema) (10/27/88)
Below are letters/messages from Opus/FidoNet
---------------------------------------------------------------------
Jim Westbrook
Merrilyn Vaughan
You're invited
13 Oct 88 13:07:00
Merrilyn,
This is an invitation for you, your net, and ANY interested sysops in
your area to attend the November 10th meeting of the Central Texas
Sysops Assn. in Austin, TX.
The topic of the evening will be the current "re-interpretation" of
phone billing rates taking place in Houston and soon to be other
locations served(?) by South Western Bell.
Representative(s) of SW Bell will be the guest speakers and accept
questions from the floor. Other organizations which are receiving
invitations include: the Public Utilities Commission, the Austin
Zoning Commission, the American Civil Liberties Union, the Federal
Communications Commission, and various elected representatives in State
and Federal government.
Please forward a copy of this message to each node in your net with a
request that they in turn pass on the information to any non-net boards
which they frequent.
Location: Criss Cole Rehabilitation Center Auditorium
4800 N. Lamar
Austin, TX
Date: November 10, 1988
Time: 7:30pm - ???
As a strong showing of BBS operators may influence the outcome of the
SW Bell actions, attendance by sysops from your area is to our mutual
benefit. I, for one, resent SW Bell's reclassification of ANY hobby
BBS to business class phone rates. Particularly in the absence of
public hearings and approval by the PUC.
Looking forward to seeing you on Nov. 10th,
Jim Westbrook - President, Central Texas Sysop Assn.
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David Drexler
June Parchman
Re: swbell.arc
13 Oct 88 12:44:10
Hello, June!
I am already in the process of distributing the info that Justin sent
around, to all the local people in net 147, and there is a fair
amount of interest. I called Bob Rudolph (IFNA Prez) yesterday and
requested that he distribute a netwide alert via Dodell (to all RCs
to all NCs to all leaf nodes) about this to raise the net public's
conciousness in case any more baby bells want to try something
foolish.
The Oklahoma City affair is the one that John Summers was referring
to, and Mark Grennan (147/0 and former R19C) was involved in that;
Mark says that all they did was bombard the Ok PUC which finally
turned the telco around. The individual who sued/(was sued- not sure
which it was, before my time) is Robert Braver of Norman, who may be
listed in the phone book, unsure. He runs a mini-CompuServe-type
operation called Microlink and is a blind programmer; he is one who
can well appreciate the value of telecom. (Another individual who
helped out in that was Steve Blasingame, who currently lives in
Chicago and is a manager for AT&T. Steve has strong feelings about
SWB and might be a resource. He can be reached via Usenet at
att!gorgo!bsteve)
I'm sure that helped a little. On that subject, I gave a talk to the
South Community Hospital PC Users Group here a few months back on the
subject of Talking Dog, a FidoNet-compat emailer under development
that works with a talker card for the blind. The presentation was
taped, and that tape is available to anyone who wants it. In tooting
old Fido's horn this way, we show the world what wonderful things are
being accomplished with "bulletin boards" that are well beyond the
mere fun and games of downloading files. The talk was not
specifically about bbs's, but the connection is quite clear.
It may also be worth noting that I'm working with some other people
to try to eventually set up a state-wide point net for the deaf, with
the intention of replacing or augmenting TDD service. This one is
kind of on the back burner at the moment, as we are getting no
cooperation out of a key individual, the Director of Deaf Services at
the state Dept of Human Services. (He says- and I quote- "Deaf people
are too ignorant to use computers." Bletch! Ignorance everywhere!)
There's also the KIDS echo, which you may already be aware of, as it
was started by one of your fellow Texans, Paul Witherspoon. It
connects children together around the world. And the international
PENPALS echo, along the same lines, for adults. Or VIETNAM_VETS which
is being used for vets to find their war buddies all over the
country, or SCIENCE, or ABLED for the handicapped, or... Etc. Real
public services provided by our "toy" bbs network that are offered
nowhere else.
My point is that bbs'ing is far, far more than just "hobbiest fun",
and this is a point that needs to be made much more public than it
is. It's about time we laid to rest the misdefinition of "hacker"
that has been perpetuated by the popular media.
Perhaps you've noticed that I have very strong feelings about this
subject! I don't mean to use your plight as an opportunity to stand
on my soapbox. I do hope that this kind of info will energize at
least a small segment of the general public into opposing the Bell
foolishness, and keeping it down forever. Loring Chien (I think it
was) made the point in that letter to the Houstin Post that bbs's
provide a very important forum for freedom of speech. Through
FidoNet, they also provide a great deal more than that, in ways that
affect the non-bbs-using public in a demonstrably valuable way.
One other notable is that the Sept 88 issue of the Smithsonian
magazine devoted a feature article to bulletin boards. The article is
quite interesting and informative, and goes a long way towards
dispelling the "hacker" image of bbs's. You might take a look at that
one in your local library.
I still want to talk to you, to get the latest updates on where you
currently stand, and to fill in any gaps in my knowledge. I know I'm
a long ways away and in another state, but I know darn good and well
that if SWB topples the Houston bbs society, the rest of Texas will
go, and they'll be knocking on Oklahoma's door next. We defeated them
once, but there is nothing to keep them from trying to reactivate the
issue here. So we all have a vested interest in this, and you better
believe that some of us here are mobilized and ready to do battle!
I hope to be able to come to Michael's party in Austin. Unclear yet
whether I can, but I'm working on it.
Looking forward to talking to you!
--david
R19 IFNA Representative
IFNA Director of Public Affairs
Founder of Amateur BOC Bashers of America :-)
--------------I do not know what I can do to help, but am willing to do
whatever you feel might be useful - FidoNews articles, well
placed phone calls, letters, or just saying "I'm in your corner,
folks".
I do not have legal background (wish I did) but understand that a
similar move was fought off in Oklahoma, and that David Drexler
and Mark Grennan could have the particulars.
IFNA is concerned, or anyhow I can tell you for sure that its
president is concerned - he doesn't have a large budget to pay
for the hobby, and sure cannot afford business rates for what is
being paid out of beer money (I haven't had a beer in two
years....).
How can we assist, who can we yell at, what would you have us to
do?
I will be bringing the issue to the attention of the board, and
asking the regional (district) reps to have their folks make
noises in appropriate places.
I am concerned, for I can foresee similar things happening here
(I have 3 lines at home and need a fourth [two children over 10
and under 20....] since I have one line that has only a modem on
it and another that routes mail at night but is used for voice
during the day - I cannot afford to have these lines charged at
business rates.
I also have the READTHIS Archive, and will be circulating it to
the nodes in net 261 (of which I am NC) as well as over in
AlterNet via Net 521 (of which I am NC). I will get it as widely
distributed as I can through the efforts of anyone that I can
coerce into passing it along.
Please let me know how IFNA can help, or how I can help.
If you should want to reach me voice, the following numbers will
reach me at the listed hours:
(301) 597-9040 Work 0830-1700 EST)
(301) 526-7229 Home (0630-0730 EST, 1800-2300 EST) my phone
(301) 833-8661 Home (0630-0730 EST, 1800-2300 EST) family phone
Bob Rudolph
President, IFNA
FidoNet 261/0, 261/628, 261/900, 261/998, 261/999
AlterNet 521/0, 521/1
--------------------------------------------------------------------
Area 76 [167] 177 < Highest read: 177
From: Susan King 106/504
To: Merrilyn Vaughn 106/889 Msg #167, 14 Oct 88 00:04:36
Subject: SWBELL Issue
Merrilyn:
Some other ideas here! My best friend is Marvin Zindler's producer...as
I type this message I am on the phone with her explaining the situation...her
comment is someone needs to challenge this.
Please get a letter to her...via courier if time is of the essence:
Lori Reingold
Action 13
Producer
3310 Bissonnet
She will look at it and see if Marvin wants to take it on or get it
to the assignments editor.
Another thought...if you will, is to contact Tom Kennedy at the Houston
Post...tell him Ms. Kingdom <GRIN> told you to call...or I can place
a call direct.
I also have contacts at the Chronicle...like the City Desk Editor...send
copy of information to Vickie Ellis...use my name there as well.
Another suggestion is to send something to Sue Davis, Vince Ryan's
offfice. Sue was with KTRH until she ran Vince's campaign for Councilman
District C.
Oh yes, Lana Hughes, KTRH radio...morning drive time...all "friends"
at least at this time.
Maybe we can ward this off at the head! I got the contacts!
---Susan
---
* Origin: Kingdom Productions BBS * Houston, TX * (713)630-0553
(Opus 1:106/270)
---------------------------------------------------------------------
--
Judy Scheltema | uunet!nuchat!moray!judy
Houston, Texas | bellcore!texbell!moray!judyjudy@moray.UUCP (Judy Scheltema) (10/27/88)
The article below was written by Loring Chien telling of his and
other sysop's experiences with Southwestern Bell saying they were
going to charge business rates to bbs's.
------------------------------------------------------------
FONEWAR1.WS - an ongoing chronicle of Southwestern Bell's
attempt to reclassify BBS phone lines to a higher
rate class
Beginning: Oct 5, 1988
Loring Chien
modem: 495-3039 3/12/2400 baud
Bill Pearre, Sysop of the OUCH RCP/M in Houston called me
Thursday evening with the news that someone at Southwestern Bell
had called him and announced they were going to reclassify his
system's phone liine to business and charge a higher rate.
Andrea Prothrow of Southwestern Bell Telephone (SWB) called me on
Friday, September 30 to inform me that my number, 495-3039 would
be charged at the business rate beginning on the next phone bill.
The rate increase will cause a substantial (3 X) increase in the
operating cost of Phoenix RCP/M. There is a little confusion on
the rate, I think I was told $35.50 on the phone, but her letter,
in response to a request for written confirmation, says $33.50.
I believe the current residential base rate is $11.25. Quite a
few state, local and federal taxes and other surcharges apply
driving the rate up even more.
She said that it has been determined that I was running a
Bulletin Board System (BBS) (which I did not admit to at the
time). I asked how they had determined that it was a BBS and she
refused to tell me. I asked why it was a business and she said
that BBSs performed a service and that since it was a service I
was to be considered a business. I asked what recourse I had and
she said I could drop the phone service. She told me that SWB's
lawyers had looked at the matter and felt they were within their
rights to do this.
The attached letter and "Exchange Tariff" regulation were
delivered to me after I requested written confirmation and the
phone company's written description of what constitutes a
business.
[Text of letter from SWBT to Loring Chien]
Southwestern Bell Telephone
P.O. Box 1530
Houston, Texas 77251-1530
October 3, 1988
Loring Chien
Edited for privacy
Houston, Texas 77083
Re: (713) 495-3039
Dear Loring Chien,
This will confirm our telephone conversation informing you
of the reclassification of your account from residence to
business. The appropriate classification for bulletin board
service providers is business and the appropriate business rates
apply.
We will not back bill you for the past underbilling due to
the misclassification of your account. However, effective with
your next bill dated October 15, 1988, your account will be
revised to reflect the appropraite business classification, and
your monthly rate will be $33.50 per month.
We apologize for this error and any inconvenience this may
have caused. Should you have any questions regarding your
account, please call your local service representative on (713)
561-2766.
Sincerely,
Andrea Prothow
Service Representative
Marketing Operations
[Entire Text of SWBT's General Exchange Tariff mailed to me]
President - Texas Division GENERAL EXCHANGE TARIFF
Southwestern Bell Telephone Company Section : 23
Dallas, Texas Sheet : 2
Issued: November 20, 1984 Revision : Original
Effective: March 15, 1985 Replacing :
RULES AND REGULATIONS APPLYING TO ALL CUSTOMERS' CONTRACTS
3. APPLICATION OF BUSINESS AND RESIDENCE RATES
3.1 Business rates apply at the following Locations:
In offices, stores, factories and all other places of
strictly business nature.
In boarding houses (except as noted below), offices of
hotels, halls and offices of apartment buildings, quarters
occupied by clubs, or lodges, public, private or parochial
schools, or colleges, hospitals, libraries, churches and
other similar institutions, except in churches and lodges as
specified below.
At residence locations when the customer has no regular
business telephone and the use of the service either by
himself, members of his household or his guests, or parties
calling him can be considered as more of a business than of a
residence nature, which fact might be indicated by
advertising, either by business cards, newspapers,
handbills, circulars, motion picture screens, or other
advertising matter, such as on vehicles, etc., or when such
business use is not such as commonly arises and passes over
residence telephones during the intervals when, in
compliance with the law or established custom, business
places are ordinarily closed.
At residence locations, where the service is located in a
shop, office, or other place of business.
In college fraternity houses where the members lodge within
the house.
At any location where the listing of service at that
location indicates a business, trade, or profession, except
as specified below.
3.2 Residence Rates Apply at the Following Locations:
In private residences where business listings are not
provided.
In private apartments of hotels, rooming houses or boarding
houses where service is confined to the customer's use, and
elsewhere in rooming and boarding houses which are not
advertised as a place of business or which have less than
five rooms for roomers or which furnish meals to less than
ten boarders, provided business listings are not furnished.
In the place of residence of a clergyman, physician,
dentist, veterinary surgeon, other medical practitioner,
Christian Science practitioner, nurse, midwife, or in their
office, provided the office is located in their residence
and is not part of an office building. In any such casese
the listing may indicate the customer's profession, but only
in connection with an individual name. If listings of firms
or partnerships, etc., or additional listings of persons not
residing in the same household are desired, business rates
apply.
In a private stable or garage when strictly a part of a
domestic establishment.
In churches where the the service is not accessible for
public patronage, as in pastors' studies.
In lodges where there is only occasional use of the service.
[Text of letter sent by Bill Pearre, SYSOP of OUCH RCP/M]
W. H. Pearre
7011 Sharpview
Houston, TX, 77074
Sept. 30, 1988
Certified Mail - Return receipt
Southwestern Bell Telephone Company
Business Office
14575 Presidio Square, Room 200
Houston, Texas 77083
Dear Sirs:
I received a telephone notification today from "Andrea" at your
company's telephone 561-2766 that my personal telephone line 777-
2114 was being changed from peronal usage to business usage due
to a "new" interpretation of your tariff by your lawyers.
This personal telephone line has been used as a Computer Bulletin
Board since March 1987 with no indication from you for all that
time that this usage was to be considered as business usage.
This Bulletin board is operated as a Hobby and for Public Service
without any charge to persons using it.
This Bulletin Board is not advertised by me for any purpose.
Will you please furnish me in writing your authority to change
the status of this line from personal to business.
My understanding is that you must prove a change on the operation
of a telephone line and notify me in writing before you can
change its status.
I will appreciate an early reply.
Sincerely,
W. H. Pearre
cc: Federal Communications Commission
1919 M Street NW
Washington, D.C. 20554
Public Utilities Commission of Texas
Mr. Coyle C. Kelley, Exec. Director
7800 Shoal Creek Blvd, Suite 450N
Austin, Texas 78757
Senator Buster Brown
P. O. Box 12068
Austin, Texas 78711
Analysis of possible actions
by Loring Chien
Oct 6, 1988
My opinions:
I think there are three possible tacks to take here:
A. One is that we do not fit Southwestern Bell's (SWB)
definition of a business. Arguably we provide a service. "Andrea"
Prothrow told me that were going after bulletin boards because
they provide a service and thus are a business. Their tariff
does not stress the service aspect. It does stress that the
chief indication of a business is that the business be
advertised. We have not advertised at all, and do not have a
listing in their yellow pages or business section, nor do we
require one. Our number has been passed by word of mouth. It
has appeared on a number of BBS lists around town, probably how
the phone company identified it as a BBS. The tariff is specific
that a user's line is considered business service if "the use of
the service by himself... or parties calling him can be
considered as more of a business than a residence nature". I am
running the system as a hobby on second-hand and donated
equipment: a 1980-vintage CP/M-based 8-bit microcomputer three
generations behind current IBM-PCs. We do not charge; therfore
it is hard to conceive that we operate a business. I see no
dictionary definition of business that we conceivably fit. I
suspect hat SWB is most vulnerable here. We can and should
enlist the PUC.
B. Another tack is that we can persuade them it is not practical
to go after BBSs. From the size of the current BBSLIST file
updated monthly by local modem enthusiasts, I figure that there
are two hundred and twenty-five BBSs in Houston, (maybe 400 in
all of Texas) of which 150 are privately run (the rest are run by
real businesses: schools, stores, libraries and museums, or their
owners charge for access priveleges). SWB stands to gain about
$45,000 per year by this campaign in Houston. However I predict
that 2/3 of the private operators will fold their systems.
Simply put the reclassification raises the cost of their hobby
from around $150 per year to nearly $500 and I think most would
not spend it. Thus the company would only net about $10,000 in
additional revenue from this campaign, which may very well be
lost to ill will.
Furthermore, I would estimate that each bulletin board has 100 to
500 users, representing a large number of users (you don't have
to point out the fact that many are redundant users of more than
one system). If two thirds of the private systems were to vanish
over the next six months, local modem use would go down and there
are many two-phone households specifically because of personal
modem hobbies. SWB would find that many two-phone housholds
would drop the 2nd line. This would rapidly erase the $10,000
revenue gain. It would only take around 80 2nd phone
cancellations to do this. This would be hard to prove or
disprove as I'm sure that SWB has no statistics on why there are
second lines installed. It would be my guess that there are
4000 very active modem users and 30,000 sporadic users in Houston.
Some percentage of the 4000 is sure to have a second line
installed for their hobby.
If I were to use this I'd go much more carefully over the figures
and especially the board count, but I'm pretty confident of the
range.
This financial impact approach might be worth pursuit - I'm not
sure how important this is to SWB. The girl calling everyone,
"Andrea" didn't give her last name outwhen she called and sounded
rather like a new recruit. She has no secretary (the letter,
while not bad, was not a fine example of a business letter --
salutation with no title, a comma, no colon, and lack of a
secretarial signature) and no permanent phone! (rather strange
for SWB, no?). Her title is Service Representative (sounds like
an entry level job). Maybe they had someone extra and are
finding make-work for her?
C. Probably a least likely course of action, but the ACLU might
like this one. The BBS is a unique institution for freedom of
speech. SWB may not like them because of a small but highly
publicized group of phone vandals (incorrectly referred to as
hackers) have used modems for possibly illegal and definately
immoral purposes. However, for the rest of us it may be
considered a medium of free speech, disemination of information
and technology transfer; thus low phone rates are protected by
the fifth ammendment or something along that line.
I have some statistics on the use of Phoenix RCP/M available, as
to number of hours and callers, that can be printed out with
medium effort.
Finally, there are likely well over 200 other Sysops being
called by Andrea, many will be comtemplating the same actions--
should we and can we co-ordinate actions with them?
Loring Chien
modem (preferred) 495-3039
[Text of letter sent by Loring Chien]
Edited for privacy
Houston, Texas 77083
October 9, 1988
Southwestern Bell Telephone Company
P.O. Box 1530
Houston, Texas 77251-1530
re: Business Classification of Residential Phone line 495-3039
Dear Sirs:
I wish to protest the recent unilateral reclassification by
Sothwestern Bell Telephone Company of the telephone line 495-3039
from residential service to business service. I am aware that
you have deemed this line a computer "BBS". I believe you are
grossly misapplying your tariff in this case where I use the
line for hobby purposes. According to fellow hobbyists, you
have done the same thing all over Houston.
The acronym BBS is widely used for "Bulletin Board System", not
"bulletin board service" as stated in your letter. We will
probably not easily find a legal description of what exactly
constitutes a computer BBS. Let me describe how I use what you
call a BBS.
My hobby is computers, and on the phone line in question, I have
connected a computer through a modem at my home. This system is
run as part of my hobby. The system allows me to operate my
computer from remote locations with a modem. It has also been
available to interested callers for discussion of both computer-
related and non-computer related topics of interest and for
transfering data of interest to me and my friends who are also
hobbyists. Like my voice telephone, 123-4567, at the same
address, the number has been given to my friends and associates.
In some cases they have also given it to their friends. Both
numbers have been used in the pursuit of my hobby. On my voice
telephone, I have a conventional phone answering machine.
In the case of the number in question, 495-3039, I have never,
and do not in the future, intend to levy a charge, monetary or
other, for persons calling and interacting with the system. I do
not use the system for advertising or promoting any commercial
products for financial gain to me or any other party. Some
products are discussed, as topics or for informational purposes,
in the course of conversations held between me and callers.
I have never engaged in any advertising, such as business cards,
circulars, television or radio ads, newspaper ads, handbills or
other printed or broadcast materials, of this system for any
reason at all. I am aware that the number has been placed on
locally- and nationally-distributed lists of computer-callable
systems by other persons who compile such lists. This is not
uncommon; I am on many computerized phone lists, judging by the
number of unsolicited phone calls I receive on my voice line.
The equipment on the line in question is a "home-brew" computer,
essentially a collection of parts, in some cases designed by me,
and in other cases repaired or modified by me and assembled into
a functioning computer. The chassis is a S-100 bus unit made by
Integrand, the Z-80 CPU and disk controller made by California
Computer Systems, the disk drives are 8" floppy media units made
by Remex and Siemens. I designed and assembled the serial port
interface and clock last year. The only other part of the system
made after 1981 is the modem. This is truly a hobbyist system.
The software is also hobbyist in nature. The operating system is
a highly modified CP/M version 2.2, no longer sold. All the
other software in use is considered public domain and customized
or written by me. If you were to ask any reasonably-informed
personal computer expert, he would inform you that this system
would not today be sold as a commercial system.
Your representative, Ms. Andrea Prothrow, who contacted me via my
voice line, stated that the reason that BBSes are now being
charged business rates is that they provide a service, and that
any service must therefore be a business.
However, your Exchange Tariff, Section 23, sheet 2, dated
November 20, 1984, effective March 15, 1985, specifically states
that, for phones at residences, business rates are to be in
effect when the nature of use is business rather than
residential. The tariff suggests that business use is indicated
by advertising. I have also checked my dictionary and it says
that "business" is commerce or trade, with a profit motive.
I assure you that my hobby system meets none of these criteria.
I do not advertise for people to call this number, I do not
operate in expectation of profit, and I am not engaged in any
commerce or otherwise commercial activities. While there may be
others who operate bulletin board systems that advertise for or
support commercial ventures, I do not. It is very heavy-handed
of your company to, in a blanket fashion, assume that my line
and other similar lines carry commercial traffic. I challenge
Southwestern Bell to provide a written explanation of its
reasons for assigning business status to this line.
The General Exchange Tariff goes on to state that residence rates
apply "in private residences where business listings are not
provided." I believe there is no question that that
classification should apply here.
I expect that Southwestern Bell Telephone will review its
decision and reassign residential status to the phone line 495-
3039 retroactive to October 1, 1988. I will remind you that you
are a public utility and that the unilateral actions you have
taken are not those taken by a company sensitive to public
appearances. Personal computer operations like that which I have
are a bold expression of the freedom we have in this country.
Systems such as I have would never be tolerated in a closed
society like the Soviet Union, where the government and
government-controlled utilities would take measures to discourage
it.
It is important to realize, in this and future related
situations, that transfer of data is not solely a function of
government and business. There are many other users such as I
for whom digital data communication is very much a matter of
freedom of speech, freedom of press, and pursuit of happiness. I
certainly hope that Southwestern Bell Telephone will not use its
position as a publically-sanctioned monopoly to penalize in any
way those who chose to use their residential phones for digital
data. The difference between business rates and residential
rates would add a substantial financial penalty to me as an
individual for the pursuit of my hobby.
Officials of the Southwestern Bell Telephone Company, and the
parties to whom copies of this letter are being sent, have my
permission to call this number (1-713-495-3039 at 300/1200, or
2400 baud, 8 bits, no parity) and see firsthand that it is not a
business. Please do not call my voice number. I prefer that all
further communications from Southwestern Bell Telephone regarding
this account be in writing.
Yours truly,
Loring Chien
xc:
Mr. Coyle Kelley, Executive Director
Public Utility Commission of Texas
7800 Shoal Creek Road, Suite 450N
Austin, Texas 78757
Mrs. Betty Suthard
Public Utility Commission of Texas
7800 Shoal Creek Road, Suite 400N
Austin, Texas 78757
Federal Communications Commission
1919 M Street NW
Washington, D.C. 20554
Mr. Donald R. Morris
The Houston Post
P. O. Box 4747
Houston, Texas 77210-4747
[Text of a letter written to Donald Morris, columnist for the
Houston Post]
Edited for privacy
Houston, Texas 77083
October 9, 1988
Mr. Donald R. Morris
The Houston Post
P. O. Box 4747
Houston, Texas 77210-4747
Dear Don:
I have corresponded with you on Bulletin boards some time ago.
At the time we were engaged in fighting 550-pt Adventures on CP/M
systems. I was co-sysop of RIBBS at that time. I know that you
are a computer afficiando of sorts, and also a frequenter of
BBSes.
There is a matter which has come up recently which I think
significantly affects the future of BBSes in Houston. My friend
and fellow Sysop Bill Pearre has suggested that you might be
willing to use this as a subject for a column in the near future.
The primary matter at hand is the unilateral action by the
Southwestern Bell Telephone Company (SWBT) to raise the rates of
those who operate BBS systems from their homes as a hobby. Late
last week sysops started receiving calls from Andrea who informed
them that their rates would be changed from the residential rate
to the business rate. Currently the monthly expense of running
my system, Phoenix RCP/M, is about $16. This is the base
residential rate of $11.25 plus local, state and federal taxes
and access charges. It would actually be possible to lower the
base rate to $8.25 or so if I was to switch to measured service
on both my phone lines.
At the business rate of $35.50 per month, I anticipate that my
monthly expense, including taxes and access charges, would be
nearly $46. The increase in cost of my hobby would be $360 per
year, from $190 to $550, or very nearly trebling my phone cost!
There are several issues here. One is the legality of the SWBT
action. I have enclosed some materials which are the letter from
SWBT to me, the SWBT general tariff which details what conditions
are required for business classification, and my response. I
think that I have reasonable grounds for reversal of the
reclassification. If necessary I and other sysops will enlist
the PUC and lawyers to fight this.
The other issue is the general harrassment by the phone company
of modem users in general. The impression I and others have is
that SWBT an the other Baby Bells regard digital data transfer as
the sole province of government and business. There have been
rumors to the effect that SWBT may soon be sweeping the lines and
any phones bearing modem tones will be subject to commercial user
rates.
As you know there is a group who periodically compile and
distribute, by modem, a list of BBSes in Houston. The list I
have dated Aug. 5, 1988 has the numbers of 225 such systems,
including Bill Pearre's and mine. There are a few of these that
are run by computer stores and such, but the majority are
privately-operated systems like mine. Their future is placed in
jeopardy by the reclassification since many sysops cannot afford
$550/year operating costs. I predict two-thirds of the private
systems, or somewhere around 130 BBSes would be gone in six
months time.
My personal thought is that freedom of digital data transmission
should have been in the Bill of Rights. Since the Constitution's
framers made this oversight, we will have to rely upon freedom of
speech, freedom of the press and pursuit of happiness. I think
the number of BBSes in operation is a tribute to the freedom we
have in this country. Can you imagine BBSes operating in the
Soviet Union? Now SWBT is mounting a concentrated campaign
against these systems.
Historically the phone companies have always had run-ins with
modems. At first, they tried to maintain a virtual monopoly on
the equipment. The legal decision that allowed you to own a non-
phone company-supplied phone was the Carterfone decision, and
Carterfone made modems, not telephones. When I got my first
modem in 1981, the phone companies still wanted to know if you
were attaching a modem to their line.
Later on, in California, Pacific Bell was engaged in trying to
destroy BBSes and actually confiscated the BBS equipment of a
system there. Allegedly the message base of that system
contained information used by phone phreaks to mess with the
phone company's equipment. Although the content of the messages
was not known by the sysop, the phone company held him
responsible. In fact, they seized not only the BBS system but all
the computer equipment in his house, and he was a professional
contract programmer. The outcome, I believe was in the sysop's
favor, but the overwhelming tone was that Pac Bell was trying to
intimidate the BBS community.
Over the last two years there was a running campaign on the BBSes
to write to the FCC regarding some phone-company sponsored
regulation-change proposals to heavily raise rates to users of
long distance digital data communications. Happily the FCC saw
otherwise and users of Compuserve etc. were protected from what
could have been a doubling of access rates to those systems.
As stated earlier, I am enclosing some materials I have written
or received. These are the letter from SWBT, the tariff in
effect, and letters to SWBT. There is also an analysis of
possible actions we can take. Other sysops are taking action.
There are some notes on the HAL-PC board as well as Ye Olde
Bailey, a legal BBS (at 520-1569) here in town.
If you could, Don, please consider a column devoted to some of
the issues here. I and the BBS/modem community here in Houston
would be highly appreciative. Thanks.
Yours truly,
Loring Chien
Sysop, Phoenix RCP/M, 495-3039, 300/1200/2400 baud
--
Judy Scheltema | uunet!nuchat!moray!judy
Houston, Texas | bellcore!texbell!moray!judyjudy@moray.UUCP (Judy Scheltema) (10/27/88)
The following are transcripts of letters on file with the PUC as of
10/19/88. My thanks to ESTEBAN for going down, copying them, and
posting them on Flight:
Mr. Coyle Kelly
Executive Director
Public Utility Commission of Texas
7800 Shoal Creek Boulevard
Suite 400N
Austin, Texas 78757
Re: Service Classification of Computer Bulletin Board Service Providers and
Amateur Radio Autopatches
Dear Mr. Kelly:
This letter is to advise you that Southwestern Bell is making a
concerted effort to uniformly enforce its interpretation of the
residence/business service distinction related to local exchange access line
service provided to Computer Bulletin Board Service ("BBS") providers and
Amateur Radio Autopatches.
Basically, any subscriber requesting local exchange access lines
which will be used to provide, supply, and or disseminate, any
data/information or any other "service" to or for others (not just
themselves), will be considered a business class local exchange customer.
This is not a change in Southwestern Bell's previous policy, but simply an
interpretation which is consistent with the proper enforcement of Southwestern
Bell's existing tarrifs. This interpretation will allow consistent treatment
of accounts which have been misclassified by the business office. In this
regard, it should be noted that not all BBS providers and Autopatches are
currently receiving the service at business rates, but some are currently
classified as and paying residential rates. Accordingly, this interpretation
will result in uniform treatment for all such subscribers in the state.
The rationale for this decision is that neither the BBS providers
nor the Autopatches use their telephone service for personal, residential use.
Instead, it is Southwestern Bell's understanding that the BBS providers and
autopatches essential share their local exchange access lines with non-family
members, who would not otherwise have access to such lines, in providing
services. Specifically, Southwestern Bell understands that a BBS provider
operates a computer database type service for other coputer operators in the
exchange. The BBS system is programmed to answer incomming calls and provide
whatever information services which the customer has elected to provide. The
Autopatch works much like a cellular IMTS telephone and allows amateur radio
operators in their automobiles and other locations to place local telephone
calls via Southwestern Bell's network through the telephone service provided
to the Autopatch. By transmitting an access code on a radio frequency, an
amateur radio operator can access a repeater which essentially takes the
telephone receiver off hook so that the repeater becomes a mobile telephone.
The amateur radio operator in his automobile is then able to place telephone
calls over the telephone line through the repeater.
In both instances, the BBS providers and Autopatches are using their
local exchange access lines to provide services to computer owners and amateur
radio operators who are not the customer of Southwestern Bell's service. The
fact that the BBS and the Autopatch may be a hobby of the customer or the
group which has subscribed to Southwestern Bell's telephone service does not
make the customer eligible for a residential rate. It is immaterial why the
customer has requested the telephone service. The distinction of whether the
service is residential or business depends on the "use of the service" and
whether the service is primarily for personal, residential use. In the case
of both the BBS provider and the Autopatch, the use of the telephone service
is *not* primarily for personal, residential use, and should be considered as
more of a business nature rather than of a residence nature.
Southwestern Bell's interpretation *does not* affect the rates which
individuals having a home computer attached to a telephone line with a modem
will pay, when the use of such line is primarily for residential use. If,
however, the home computer is attached to a telephone line is used for
commercial purposes, then business rates would apply. Further Southwestern
Bell's interpretation does not apply to amateur radio operators who are not
operating an Auotpatch, but are operation from their residence and who do not
allow the use of their line by others who would not normally have access to
such line (i.e., persons other than members of their household or family).
Amateur radio clubs or associations would be subject to business rates, as has
always been the case.
Sothwestern Bell is proceeding to reclassify the accounts of both
the BBS providers and Autopatches consistent with the foregoing
interpretation.
Very truly yours,
John R. Loehman
cc: Mr. John Costello, Telephone Division, PUC
(Hand Delivered)
Mr. Bruce Penny (U. S. Mail)
Mr. David Featherston, Telephone Division, PUC
(Hand Delivered)
Mr. Don Laub, Telephone Division, PUC
(Hand Delivered)
Mr. Martin Schell, Telephone Division, PUC
(Hand Delivered)
Ms. Betty Suthard, Information Specialist, PUC
(Hand Delivered)
Ms. Martha Hinojosa-Nadler
Division Staff Manager
Revenue Requirements
SOUTHWESTERN BELL TELEPHONE COMPANY
1610 Guadalupe, Room 310
Austin, Texas 78701
RE: Increase in Rates for BBS Operators and Amateur Radio Autopatches
Dear Ms. Hinojosa-Nadler:
As a result of information provided to this office (copy of letter to Mr.
Coyle Kelly from Mr. John Loehman) that Southwestern Bell planned to uniformly
enforce its tarrif concerning proper classification of service for Bulletin
Board Service providers and Amateur Radio Autopatches and individual notices
that have been sent to these customers that their rates would increase, I feel
the need to exercise extreme caution.
I am aware that Mr. Jim Lydon of your organization put out a news release that
a change in classification *would not affext all the customers*. However,
I am fully aware of the confusion that can be encounterd with correct
information reaching the appropriate personnel in knowing whether or not to
apply the "new rate". Consequently, I am asking Southwestern Bell to notify
this office of any customer who incurrs a change in his/her rates beginning
with the first billing cycle where this change was anticipated.
Additionally, I am asking that any customer account that reflects an increase
in rates, that Southwestern Bell investigate the matter as if was a normal
complain filed through this office. The response to this office with the
results of the investigation needs to include information on how the service
is being used that would support the company's position that a change in rate
classification is warranted.
I have spoken with a number of customers about this matter as a result of the
newspaper articles and subsequent calls into Southwestern Bell's business
office and my information to them has been---if your bill reflects a change in
rates *pay the old rate only at this time*, dispute the increase and to
provide this office with a copy of the bill and a letter so that a complaint
can be filed with the company.
Thank you for your assistance in this matter. If I need to clarify my
concerns further, please let me know.
Sincerely,
Betty A. Suthard
Information Specialist
bas
cc: Mr. Bill Dunn
143: More Information
By: ESTEBAN [335]
Date: 16:42 10/19/88
Today I went to personally talk to Ms. Suthard at PUC. She was very kind in
giving me a photocopy of the above letters. She said that she has received a
few letters and phone calls on this, but I was only the second person to
mention that SWB was planning to put up their own Pay BBS System and the rumor
that this was the reason for the rate hike on all of us, to knock out the
competition.
That statement warranted a sizable chunk of her calendar as she noted this
information and promised that she will soon be sending SWB another letter
concerning this (their Pay BBS System). To paraphrase, she was giving the
idea that the motivation behind the rate hike and the correlation of their Pay
BBS serious thought.
She also stated that if anyone out there gets a change in billing, she wants
the bill to be paid at the old rate, a letter stating that the bill was being
paid as is `in protest' and a copy of it sent to her desk.
It would appear that we have a symathetic defender out there. But that is no
reason to sit back and relax. Rev up them Printers and compose those Letters.
If you want to submit your `beef' in person, here are directions to PUC.
Andrson Lane to Shoal Creek. Turn South onto Shoal Creek.
The offices of PUC are in the Office Block on the West side of Shoal Creek,
right behind the Co Co's on the corner.
The office block is arranged in a right-angle fasion. Park in the parking lot
between the Block and Co Co's.
Walk to the courtyard in the angle of the right angle. In the courtyard is a
fountain. From the fountain, enter the building at the entrance on the NW
side of the Courtyard.
Inside will be a staircase leading up and the door to the Offices of PUC will
be on your immediate left before the staircase.
Inside, go through the doorway on the left, Betty Suthard's office is the
second one on the opposite wall beside a floor to ceiling map of Texas.
Other than that, all I have to say is...
... copy this information people and
spread it as far and wide as possible. It's not just Houston and Austin that
are targets, but the whole state of Texas.
Esteban
--
Judy Scheltema | uunet!nuchat!moray!judy
Houston, Texas | bellcore!texbell!moray!judyjudy@moray.UUCP (Judy Scheltema) (10/27/88)
Subject: Houston sysops/users vs. SW Bell (long) Newsgroups: tx.general Distribution: tx I've gotten quite a few messages about what is happening here in Houston. All sysops of bbs's received certified letters telling them that they would be charged business rates. And I do mean *all* bbs's, not just those who charge a fee and *should* be classified as a business. Southwestern Bell says this will be a state wide tariff change, but meanwhile, I suspect Houston is their test case. I've included below the text from the actual certified letter, the supposed applicable portion of the tariff and updates of how we are trying to fight them. If any of you can make the meeting, please do. For those of you that are out of town, send me a message if you can make it and I will RSVP for you to Reggie Hirsch. Please be aware that Greg Hackney of tness1 & 7 was not even aware of what his employer was trying to do. One of the letters I got was from him wondering what was happening in Houston. It seems the disclaimer I keep seeing in people's signatures applies here. It's something to the effect of: 'My employer is not responsible for my opinions, and I'm not responsible for my employer's opinions.' Judy -------------------------------------------------------------------------- >From To:steve Wed Oct 12 21:23:02 1988 Date: Wed, 12 Oct 88 21:23:02 CST To: nuchat!steve (Steve Nuchia) Subject: SW Bell cont'd Cc: uhnix1!apt (Alan Pfeiffer-Traum), nuchat!shell!stan, mybest!paddock (Steve Paddock), hounix!chuckb, hounix!stevel, sugar!karl (Karl Lehenbauer), splut!jay (Jay Maynard), siswat!buck (Lester Buck) Below is the text of the certified letter being sent out by SW Bell to all known bbs's (probably using my bbslist, the jerks!). ----------------------- To: moray!judy Subject: SW BELL Letter Text Here is the text of the letter I received: The following is the text of a letter sent to me by Southwestern Bell Telephone Company. Similar letters were sent to all sysops of all BBS's in the state of Texas that Southwestern Bell could identify: ------- October 4, 1988 CERTIFIED MAIL RETURN RECEIPT Edward T. Hopper Edited for privacy Houston, Texas Re: (713) 782-5454 Dear Mr. Hopper, It has come to our attention that your account was classified, in error, as residential service. The appropriate classification for bulletin board service providers is *business* and the appropriate business rates apply. We will not back bill you for the past underbilling due to the misclass- ification of your account. However, effective with your next monthly bill dated October 21, 1988, your account will be revised to reflect the appropriate business classification, and your monthly business rate will be $32.85 per month. We apologize for this error and any inconvenience this may have caused. Should you have any questions regarding your account, please call your local service representative on (713) 561-2766. Sincerely, Andrea Prothow Service Representative Marketing Operations ---- The preceding is a transcript of a letter I received today, 10/12/88. Ed Hopper ----------------------------------------------------------------------- President - Texas Division General Exchange Tariff Southwestern Bell Telephone Company Section: 23 Dallas, Texas Sheet: 2 Issued: November 20, 1984 Revision: Original Effective: March 15, 1985 Replacing: RULES AND REGULATIONS APPLYING TO ALL CUSTOMERS' CONTRACTS 3. APPLICATION OF BUSINESS AND RESIDENCE RATES 3.1 Business rates apply at the Following Locations: In offices, stores, factories, and all other places of strictly business nature. In boarding houses (except as noted below), offices of hotels, halls and offices of apartment buildings, quarters occupied by clubs, or lodges, public, private or parochial schools, or colleges, hospitals, libraries, churches, and other similar institutions, except in churches and lodges as specified below. At residence locations when the customer has no regular business telephone and the use of the service either by himself, members of his household or his guests, or parties calling him can be considered as more of a business than a residence nature, which fact might be indicated by advertis- ing, either by business cards, newspapers, handbills, bill- boards, circulars, motion picture screens, or other advertis- ing matter, such as on vehicles, etc., or when such business use is not such as commonly arises and passes over residence telephones during the intervals when, in compliance with the law or established custom, business places are ordinarily closed. At residence locations, when the service is located in a shop, office or other place of business. In college fraternity houses where the members lodge within the house. At any location where the listing of service at that loca- tion indicates a business, trade or profession, except as specified below. 3.2 Residence Rates Apply at the Following Locations: In private residences where business listings are not provided. In private apartments of hotels, rooming houses or boarding houses where service is confined to the customer's use, and elsewhere in rooming and boarding houses where are not advertised as a place of business or which have less than five rooms for roomers or which furnish meals to less than ten boarders, provided business listing are not furnished. In the place of resience of a clergyman, physician, dentist, veterinary surgeon, other medical practitioner, Christian Science practitioner, nurse, midwife, or in their office, provided the office is located in their residence and is not a part of an office building. In any such cases the listing may indicate the customer's profession, but only in connec- tion with an individual name. If listings of firms or partnerships, etc., or additional listings of persons not residing in the same household are desired, business rates apply. In a private stable or garage when strictly a part of a domestic establishment. In churches where the service is not accessible for public partronage, as in pastors' studies. In lodges where there is only occasional use of the service. ---------------------------------------------------------------------- RE: Notice of Meeting October 27,1988 Noon Place: 1980 Post Oak Blvd.#1780 ,Houston,Texas 77056 Phone : 1 713 961 7800 Date: October 6,1988 For: Immediate Distribution all Sysop's State of Texas Origin: Ye Olde Bailey Houston,Texas Data 1 713 520 1569 Southwestern Bell has given notice of their interpretation of a Texas Public Utility regulation which effective 11/1/88 raises all BBS's systems in the State of Texas from a residential to business rate .The result is a double in rates.I asked to see a copy of the announcement and was told that it was internal.I am getting the particular tariff.I am going to hold a lunch,BYOL in my office for concerned users and sysops Thursday October 27,1988 noon 1980 Post Oak Blvd. #1780,Houston,Texas 77056.Please confirm by calling 1 713 961 7800 ask for Sandy. The purpose of the meeting is discuss these events and what course of action to take.Please tell other sysops. Download Tariff.arc and disseminate to your favorite Board.Time is short. -------------------------------------------------------------------------- Please note: There has been an overwhelming response to this meeting with 100+ reservations. Reggie is looking for a larger meeting place close to the Galleria area (in case someone doesn't get the word and they have to be directed to the new meeting place from his office.) and will announce it as soon as possible. ------------------------------------------------------------------------- [Misc. messages from the OPUS Echo network] Date: 10-07-88 (22:07) Number: 431 (Echo) To: REGINALD HIRSCH Refer#: NONE From: BARRY MILLER Read: 10-08-88 (14:17) Subj: BBS PHONE RATES Status: PUBLIC MESSAGE > I agree one problem Barry which you can see from our Texas based >boards is that THE PHONE COMPANY has decided all BBSs' should be charge >business rates, effectively doubling most rates.Anybody else in the >country have this issue come up , or are we the first? I hjave not heard of any such a suggestion here in NY but I have been having serious line problems on my system. I am about to start bugginh the phone company here. I'm sure they will come up with some way of making my life more dificult. --- * Via ProEdit 2.8a * QNet 1.03a2: ** Big Apple BBS ** Rockville Centre, NY (516) 536-1546 Date: 10-08-88 (02:07) Number: 2294 To: DOUG BOMBARD Refer#: NONE From: DOUG ANDERSEN Read: 10-08-88 (04:33) Subj: BBS RATES Status: PUBLIC MESSAGE Bruce Penny (Sysop of the now defunct Freelancin' Sanctuary and Roundtable) has been working on a lawsuit against SW Bell for some time. The basic premise was that they had been giving different people differnt information about what rates they should be paying for their BBSs for a long time. IN other words, some people were paying residential rates, some commercials rates and some very expensive commercial rates. For a while SW Bell said they would charge data rates for BBSs (their data rate is even higher than commercial rates) but dropped that after a while. Anyway, from what I've heard, SW Bell can raise the rates and I'm not sure a lawsuit will stop them. Apparently SW Bell in Dallas will only charge commercial rates for BBSs that charge users, though SW Bell in Houston intends to charge commercial rates for ALL BBSs. Hopefully I'll be at your meeting along with two or three users from Sanctuary. Maybe there is something we can do. Date: 10-07-88 (18:39) Number: 2289 To: SYSOP Refer#: NONE From: DOUG BOMBARD Read: 10-07-88 (19:37) Subj: CALL TO ARMS Status: PUBLIC MESSAGE Reggy , I uploaded tariff.arc and a message to Hal-PC hoping to get some action from their users as well. I too would like to go to your meeting but I might have to stay out the office too long and my boss is also the owner of the company I'm employed with so ...... . Date: 10-07-88 (13:02) Number: 2286 To: SYSOP Refer#: 2283 From: MEL DOUGLASS Read: 10-07-88 (18:18) Subj: CALL TO ARMS Status: PUBLIC MESSAGE have broadcast to all Houston area GT boards; have also echoed to all GT boards at large. Date: 10-07-88 (07:21) Number: 2283 To: MEL DOUGLASS Refer#: 2282 From: SYSOP Read: 10-07-88 (13:02) Subj: CALL TO ARMS Status: PUBLIC MESSAGE Great look forward to seeing you, please realy message through GT network. Date: 10-07-88 (03:28) Number: 2282 To: REGINALD HIRSCH Refer#: 2277 From: MEL DOUGLASS Read: 10-08-88 (08:11) Subj: CALL TO ARMS Status: PUBLIC MESSAGE Will be at your meeting. I received my telephone call from SW Bell late this afternoon. I asked for a copy of their interpretation and was also told that it was "internal policy interpretation" and NOT AVAILABLE. I asked that the representative at least confirm her telephone call in writing to me which she agreed. I further asked the representative to state on my tel records that I objected and was asking for further clarification of what, in their view, consitituted a BBS vs a computer use of a tel line for non-commercial purposes. --------------------------------------------------------------------- To: moray!judy Subject: More SWBT Here is an update from Reg Hirsh: Date: 10-11-88 (17:11) Number: 7688 To: ALL Refer#: NONE From: REGINALD HIRSCH Read: (N/A) Subj: TARIFF UPDATE Status: PUBLIC MESSAGE OCTOBER 11, 1988 RE: UPDATE OF ACTIVITY FOR: IMMEDIATE DISTRIBUTION OF ALL SYSOP'S STATE OF TEXAS ORIGIN: YE OLD BAILEY, HOUSTON, TEXAS DATA: 1-713-520-1569 This is to advise all concerned individuals that on this date there was a telephone communication with the Texas Public Utili- ties Commission and was I informed that the Commission was aware of Southwestern Bell's decision to reclassify all bulletin boards in the State of Texas from a residential to a business rate. I was further advised that an individual has the right to object to said rate increase by the filing of a formal written complaint. I have ordered by Federal Express today, copies of the various regulations and statutes pertaining to the Texas Public Utilities Commission complaint process. More information will be forthcoming upon receipt of that information. In my conversations with the Texas Public Utilities Commission spokesperson I deter- mined that the single issue of an increase from residential to business rates for bulletin boards in the State of Texas has not been addressed by the Texas Public Utilities Commission before. In addition I learned from the Texas Public Utilities Commission spokesperson that Southwestern Bell may very well treat all individuals who provide "services" as defined by Southwestern Bell to include bulletin boards and amateur radio operators. This is the first time to my knowledge that I had heard that Texas amateur radio operators may also be the receipent of a rate increase made by Southwestern Bell. In addition, the Houston Chronicle has contacted me and other individuals and a story will appear in Wednesday, October 12, 1988 Houston Chronicle newspaper concerning our plight. Finally, a reminder that the notice of meeting is still scheduled for October 27, 1988 at Noon at 1980 Post Oak Boulevard, Suite 1780, Houston, Texas 77056. Please call Sandy to confirm in order that arrangements can be made as space is limited. Phone No. (713) 961-7800. Your distribution to other sysops is appre- ciated. This memo is contained in file marked Tariff2.arc. --------------------------------------------------------------------- [ Actual text from the Houston Chronicle article, October 12, 1988 ] COMPUTER 'BULLETIN' OPERATORS SAY PHONE HIKE WILL CLOSE THEM HOUSTON CHRONICLE OCTOBER 12, 1988 BY RAD SALLEE Some operators of computer "bulletin boards" here, most of whom offer their services for free, say a recent phone company decision to charge them business rates, instead of the residential ones they've paid since 1985, will force many boards to shut down. Most bulletin board operators, or sysops (system operators), are computer hobbyists who offer message exchanges along with helpful advice and free software to members, who use their computers to "talk" over the phone with the sysop's computer. Southwestern Bell Telephone Co. decided to charge bulletin board operators in Texas the business rate of $32.85 a month instead of the $13.35 residential rate after the operator of a for-profit board, who paid the higher rates, complained to the state Public Utility Commission that boards paying residential rates were unfair competition. Spokesman Ken Brasel said Bell is simply rectifying its own error. "We shouldn't have connected these (bulletin boards) at the residential rate to begin with", he said. "When the lines are used to provide a service to others, it is business. Whether for profit or not isn't germane." Brasel noted that churches, government charities and other nonprofit organizations also pay the business rates. Attorney Reginald Hirsch, who runs a board called Ye Old Bailey, says business rates for the above types of user are specified in state regulations, which do not mention bulletin boards. Also, Hirsch says, bulletin board operations and users should have been allowed to file comments with the PUC before the change took effect. Bell is also notifying users of "auto-patch" devices that they must pay business rates. These users typically buy an electronic device called a repeater that provides a link (or "patch") between two-way radios in vehicles and the phone network. Brasel said Bell is not charging commercial rates to persons who simply use a computer to contact other computers by phone or to amateur "ham" radio operators who patch radio messages to their home phone - so long as these calls do not go to outsiders who would not normally use the phone. Brasel said he doubts that business rates would be charged to ham radio operators who patch long-distance radio callers through to their loved ones during disasters such as hurricanes or earthquakes. Brasel said Bell's March 15, 1985, tariff, the PUC document that governs what Bell can charge, says business rates apply "at residences when the customer has no regular business telephone, and the use of the (phone) service can be construed as more of a business than a residence nature." Some local sysops are writing protest letters to Bell and the PUC and are querying fellow operators in other states about phone company policies there. Hirsch says sysops in New York and Wisconsin told him they are charged residential rates. Interest persons will meet at noon October 27 in Hirsch's office, 1980 Post Oak Blvd., Suite 1780, to plan strategy against the change. He estimates Houston may have 800 to 1,000 bulletin boards, with perhaps 10 percent to 15 percent charging a fee and fewer than 5 percent being profitable. [Well overstated, {more like 225} but at least we made the news. J. ] Several local operators said that if all boards must pay the higher rates, they will have to charge membership fees and start keeping records, and some will decide it is just too much trouble. Hirsch estimates he would lose 75 percent to 80 percent of his board's users if forced to cover costs with a fee. Greg Joplin, a field service engineer who runs a Commodore 64 board called The Hip Pocket as a hobby, says he would probably lose 90 percent of his. Joplin says most board users are probably under 18 and could not afford to belong to may fee charging boards. ------------------------------------------------------------------ October 13: Update October 13,1988 Well we have spent the last two days talking to alot of you intereseted folks, PUC, sysops, and users. I believe we are having some success and your help is appreciated. Right now I'm reading the rules, regulations and complaint procedure for the PUC.More information will be coming your way regarding my examination. If you would like a copy of these materials write : Central Library c/o PUC 7800 Shoal Creek Blvd. suite 400n Austin,Texas 78757 I recommend you order the "Substantive Rules" $25.00, and "Rules of Practice and Procedure"4th edition $7.50 and for those zealots the"Public Utility Regulatory Act" amended 9/1/87 $7.50.Cost $42.80 for the three with tax. There are some real tidbits.We will try to get some of this information to you as quickly as my time allows. Many people ask who what can I do.I recommend you do whatever you can,letters are effective and calling is best.The key person for the Public Utility Commission is Ms.Betty Suthard , 1 512 458 0100 at the above address.She is helpful but will suggest you write a complaint.The complaint process has been recieved and the alternatives will be discussed at our October 27,1988 meeting. Ed Hopper is opening a Texas Conference which we will co host and carry here .This conference will be to disseminate additional information and news through out Texas.It has been my hope to get various sysops regardless of software board affiliation to have a joint conference.This may be the beginning of that goal.There are so many issues confronting us we need to subscribe to the philosophy "One for all -- all for one". Ed number is Also I'll be speaking to an Opus/Fido conference of sysops Saturday morning and then head over to Greenspoint mall for a computer show about 11 A.M. if you are in the area I sure be glad to see and talk to you.I'm the skinny Willard Scott look a like for all those who saw the picture in the paper you will get the drift.<<Smile>>. Well I've got some reading to do so stay tuned and again thanks to every one who has called and left messages. Download Tariff4.arc for this and previous messages. October 9: Update on Activity As you know we are sponsoring a meeting concerning SW Bell intent to charge Business rates to all BBS systems in the State of Texas.Tariff.arc and the main message bases have the details.The net effect is to double rates from residential to business for all BBS's regardless of whether they charge, make a profit,etc.Please upload Tariff.arc to all Texas BBS's, and read files and leave a message regarding smae on your favorite BBS. I have obtained a copy of the actual tariff and you can see that to include BBS's as a business is really stretching it.The meeting will be October 27,1988 Thursday at 1980 Post Oak Blvd.#1780,Houston,Texas at noon, please call Sandy at 713 961 7800 to confirm.The response has been really great and we only released word October 6,1988.Bring your lunch we will provide soft drinks.Stay tuned for later news,right here at Ye Olde Bailey. Second the doors are up and the conferences are up to 29, echoing internationally through Smartnet.Leave a message a receive a response from all over the globe.We need to support these conferences , these message areas need your support.Please note again we have instituted upload/download ratios of 15 to 1, that's downloads to uploads.If you get a note that you can't download that's because you have exceeded the ratio! Finally a special thanks to the following sysop's and Please Support these fine boards: Board Number Sound of Music 1-516-536-8723 ED Hopper 1-713-782-5454 Innovator 1-713-977-1419 Dog House 1-713-422-3146 Abend 1-713-771-2802 Big Boy 1-713-324-3416 Thank you , getting better all the time! <<Sys Op>> ------------------------------------------------------------------------- -- Judy Scheltema | uunet!nuchat!moray!judy Houston, Texas | bellcore!texbell!moray!judy
judy@moray.UUCP (Judy Scheltema) (10/27/88)
The article below appeared in the Houston Post on Oct. 22, 1988 in the
editorial section (3E).
--------------------------------------------------------------------
CAN SOUTHWESTERN BELL TRULY JUSTIFY THIS RATE HIKE?
by
Thomas J.L. Bronsberg-Adas
Recently, Southwestern Bell began raising the telephone rates
of computer bulletin board systems (BBSs). The rates are being
raised from $13.35 (the residential rate) to $32.85 (the
commercial/business rate). This increase is an increase of over
240%! I feel (as do most computer users) that this increase in
not warranted, nor justified.<
Before I go into those details, allow me to explain what a
BBS is...<
A Bulletin Board System (BBS) is a program that runs on a
computer and allows people to leave messages and read messages
left by others. The use of this program involves the utilization
of a computer system, a modem (a device used for communication
between two computers over the phone lines) and a separate phone
line (so as to not tie up the family's line). The person that
owns the computer and operates the BBS is called a SYStem OPerator
(SYSOP).<
In the Houston area, it is estimated there are upwards of
1,000 BBSs. The sysops of many of these boards are high school
and college students. The vast majority of them are just computer
hobbyists; working their regular jobs and coming home to enjoy a
hobby.<
The cost of setting up one of these BBSs is not a small one.
The average cost of computer, hard disk drives, software programs
and modem can run into the thousands of dollars. To a student,
that may mean not getting a car, or even a stereo. To a working
sysop, it may mean that the family will not be taking a vacation
for a while.<
Also, to the students (especially the high school students),
running a BBS is a learning experience. By running the BBS, the
student learns responsibility, communication skills and inter-
personal relationships (in the sociological sense). It also gives
the students a purpose to their life, rather than roaming the
streets and getting involved with drugs and/or
violence. Southwestern Bell's attempt to charge BBSs commercial
rates will just add another brick in the wall that sways teens to
drugs.<
According to my dictionary, commercial means..."made, done,
or operating primarily for profit." Of all of the boards that I
frequent, not one has been operated for profit. In reality, they
are all running at a loss. After all, the sysops have paid for
all of their computer equipment and are also paying for two phone
lines into their homes (or their parents are). How can this be
construed as being a commercial venture?<
Southwestern Bell charges churches, governments, charities
and other non-profit organizations commercial rates for their
phone service, but that is dictated by state regulations. These
ventures also receive monies from various sources, such as taxes,
donations, solicitations and grants. So, they can afford to pay
the commercial rates.<
Computer BBSs are not and have never been mentioned in these
regulations. But, Southwestern Bell is not stopping at this.
They are also charging amateur "ham" radio operators the
commercial rate, if these 'hams' patch radio messages to the
telephone line.<
Amateur radio operators are the ones that are usually the
only link with the world for areas suffering disasters, such as
earthquakes and hurricanes. They also help distant missionaries
in remote locations that do not have any phone services (such as
the South American jungles). The FCC regulations strictly forbids
any commercial traffic over the frequencies alloted amateur
operators. How can Southwestern Bell claim something is
commercial, when the federal government strictly bans such
activity? Is Southwestern Bell's power greater than the federal
government?<
BBSs and amateur radio operators are not covered by the
regulations that apply to commercial rates. Also, even if they
were, Southwestern Bell did not allow the sysops and "hams" to
file comments with the PUC before putting this action into
effect.<
If the Public Utilities Commission allows Southwestern Bell
to charge these unwarranted rates, they will be giving a free hand
to 'baby' Bell to change their rates anytime they want, for any
reason they want.<
By strange coincidence, Nynex (another of the baby Bells) is
about to introduce a for-profit BBS. Could it be that this
unwarranted rate classification is an attempt to squash any
possible competition? After all, would you rather contact a free
BBS or one that charges you by the minute?<
I believe that this may be the beginnings of a conspiracy by
the Bell systems around the country to destroy an established
nation-wide hobby, so that they may introduce their own commercial
venture into this field.<
If they are not stopped now, they may next charge you the
commercial rate for having an answering machine in your home. Or
even charging you the commercial rate because you MAY call a
business from your house.<
Copyright 1988 HEART ATTACK PRODUCTS
10901 Meadowglen 142
Houston, TX 77042
(713) 785-3487
--
Judy Scheltema | uunet!nuchat!moray!judy
Houston, Texas | bellcore!texbell!moray!judyjudy@moray.UUCP (Judy Scheltema) (10/27/88)
>From ehopper Tue Oct 11 21:17 CDT 1988 remote from hounix
To: moray!judy
Subject: More SWBT
Here is an update from Reg Hirsh:
Date: 10-11-88 (17:11) Number: 7688
To: ALL Refer#: NONE
From: REGINALD HIRSCH Read: (N/A)
Subj: TARIFF UPDATE Status: PUBLIC MESSAGE
OCTOBER 11, 1988
RE: UPDATE OF ACTIVITY
FOR: IMMEDIATE DISTRIBUTION OF ALL SYSOP'S STATE OF TEXAS
ORIGIN: YE OLD BAILEY, HOUSTON, TEXAS
DATA: 1-713-520-1569
This is to advise all concerned individuals that on this date
there was a telephone communication with the Texas Public Utili-
ties Commission and was I informed that the Commission was aware
of Southwestern Bell's decision to reclassify all bulletin boards
in the State of Texas from a residential to a business rate. I
was further advised that an individual has the right to object to
said rate increase by the filing of a formal written complaint. I
have ordered by Federal Express today, copies of the various
regulations and statutes pertaining to the Texas Public Utilities
Commission complaint process. More information will be
forthcoming upon receipt of that information. In my conversations
with the Texas Public Utilities Commission spokesperson I deter-
mined that the single issue of an increase from residential to
business rates for bulletin boards in the State of Texas has not
been addressed by the Texas Public Utilities Commission before.
In addition I learned from the Texas Public Utilities Commission
spokesperson that Southwestern Bell may very well treat all
individuals who provide "services" as defined by Southwestern Bell
to include bulletin boards and amateur radio operators. This is
the first time to my knowledge that I had heard that Texas amateur
radio operators may also be the receipent of a rate increase made
by Southwestern Bell.
In addition, the Houston Chronicle has contacted me and other
individuals and a story will appear in Wednesday, October 12, 1988
Houston Chronicle newspaper concerning our plight.
Finally, a reminder that the notice of meeting is still scheduled
for October 27, 1988 at Noon at 1980 Post Oak Boulevard, Suite
1780, Houston, Texas 77056. Please call Sandy to confirm in
order that arrangements can be made as space is limited. Phone
No. (713) 961-7800. Your distribution to other sysops is appre-
ciated.
This memo is contained in file marked Tariff2.arc.
-------
Ed
--
Judy Scheltema | uunet!nuchat!moray!judy
Houston, Texas | bellcore!texbell!moray!judyjudy@moray.UUCP (Judy Scheltema) (10/27/88)
COMPUTER 'BULLETIN' OPERATORS SAY PHONE HIKE WILL CLOSE THEM HOUSTON CHRONICLE OCTOBER 12, 1988 BY RAD SALLEE Some operators of computer "bulletin boards" here, most of whom offer their services for free, say a recent phone company decision to charge them business rates, instead of the residential ones they've paid since 1985, will force many boards to shut down. Most bulletin board operators, or sysops (system operators), are computer hobbyists who offer message exchanges along with helpful advice and free software to members, who use their computers to "talk" over the phone with the sysop's computer. Southwestern Bell Telephone Co. decided to charge bulletin board operators in Texas the business rate of $32.85 a month instead of the $13.35 residential rate after the operator of a for-profit board, who paid the higher rates, complained to the state Public Utility Commission that boards paying residential rates were unfair competition. Spokesman Ken Brasel said Bell is simply rectifying its own error. "We shouldn't have connected these (bulletin boards) at the residential rate to begin with", he said. "When the lines are used to provide a service to others, it is business. Whether for profit or not isn't germane." Brasel noted that churches, government charities and other nonprofit organizations also pay the business rates. Attorney Reginald Hirsch, who runs a board called Ye Old Bailey, says business rates for the above types of user are specified in state regulations, which do not mention bulletin boards. Also, Hirsch says, bulletin board operations and users should have been allowed to file comments with the PUC before the change took effect. Bell is also notifying users of "auto-patch" devices that they must pay business rates. These users typically buy an electronic device called a repeater that provides a link (or "patch") between two-way radios in vehicles and the phone network. Brasel said Bell is not charging commercial rates to persons who simply use a computer to contact other computers by phone or to amateur "ham" radio operators who patch radio messages to their home phone - so long as these calls do not go to outsiders who would not normally use the phone. Brasel said he doubts that business rates would be charged to ham radio operators who patch long-distance radio callers through to their loved ones during disasters such as hurricanes or earthquakes. Brasel said Bell's March 15, 1985, tariff, the PUC document that governs what Bell can charge, says business rates apply "at residences when the customer has no regular business telephone, and the use of the (phone) service can be construed as more of a business than a residence nature." Some local sysops are writing protest letters to Bell and the PUC and are querying fellow operators in other states about phone company policies there. Hirsch says sysops in New York and Wisconsin told him they are charged residential rates. Interest persons will meet at noon October 27 in Hirsch's office, 1980 Post Oak Blvd., Suite 1780, to plan strategy against the change. He estimates Houston may have 800 to 1,000 bulletin boards, with perhaps 10 percent to 15 percent charging a fee and fewer than 5 percent being profitable. Several local operators said that if all boards must pay the higher rates, they will have to charge membership fees and start keeping records, and some will decide it is just too much trouble. Hirsch estimates he would lose 75 percent to 80 percent of his board's users if forced to cover costs with a fee. Greg Joplin, a field service engineer who runs a Commodore 64 board called The Hip Pocket as a hobby, says he would probably lose 90 percent of his. Joplin says most board users are probably under 18 and could not afford to belong to may fee charging boards. -- Judy Scheltema | uunet!nuchat!moray!judy Houston, Texas | bellcore!texbell!moray!judy
judy@moray.UUCP (Judy Scheltema) (10/27/88)
October 13: Update October 13,1988
Well we have spent the last two days talking to alot of you intereseted
folks, PUC, sysops, and users. I believe we are having some success
and your help is appreciated. Right now I'm reading the rules, regulations
and complaint procedure for the PUC.More information will be coming your
way regarding my examination.
If you would like a copy of these materials write :
Central Library
c/o PUC
7800 Shoal Creek Blvd. suite 400n
Austin,Texas 78757
I recommend you order the "Substantive Rules" $25.00,
and "Rules of Practice and Procedure"4th edition $7.50 and for those
zealots the"Public Utility Regulatory Act" amended 9/1/87 $7.50.Cost
$42.80 for the three with tax.
There are some real tidbits.We will try to get some of this information
to you as quickly as my time allows.
Many people ask who what can I do.I recommend you do whatever you
can,letters are effective and calling is best.The key person for the
Public Utility Commission is Ms.Betty Suthard , 1 512 458 0100 at
the above address.She is helpful but will suggest you write a
complaint.The complaint process has been recieved and the alternatives
will be discussed at our October 27,1988 meeting.
Ed Hopper is opening a Texas Conference which we will co host and carry
here .This conference will be to disseminate additional information and
news through out Texas.It has been my hope to get various sysops
regardless of software board affiliation to have a joint conference.This
may be the beginning of that goal.There are so many issues confronting us
we need to subscribe to the philosophy "One for all -- all for one".
Ed number is
Also I'll be speaking to an Opus/Fido conference of sysops Saturday
morning and then head over to Greenspoint mall for a computer show
about 11 A.M. if you are in the area I sure be glad to see and talk to
you.I'm the skinny Willard Scott look a like for all those who saw the
picture in the paper you will get the drift.<<Smile>>.
Well I've got some reading to do so stay tuned and again thanks to every
one who has called and left messages.
Download Tariff4.arc for this and previous messages.
October 9: Update on Activity
As you know we are sponsoring a meeting concerning SW Bell intent to
charge Business rates to all BBS systems in the State of Texas.Tariff.arc
and the main message bases have the details.The net effect is to double
rates from residential to business for all BBS's regardless of whether
they charge, make a profit,etc.Please upload Tariff.arc to all Texas
BBS's, and read files and leave a message regarding smae on your favorite
BBS. I have obtained a copy of the actual tariff and you can see that to
include BBS's as a business is really stretching it.The meeting will be
October 27,1988 Thursday at 1980 Post Oak Blvd.#1780,Houston,Texas at
noon, please call Sandy at 713 961 7800 to confirm.The response has been
really great and we only released word October 6,1988.Bring your lunch
we will provide soft drinks.Stay tuned for later news,right here at
Ye Olde Bailey.
Second the doors are up and the conferences are up to 29, echoing
internationally through Smartnet.Leave a message a receive a response
from all over the globe.We need to support these conferences , these
message areas need your support.Please note again we have instituted
upload/download ratios of 15 to 1, that's downloads to uploads.If you
get a note that you can't download that's because you have exceeded
the ratio!
Finally a special thanks to the following sysop's and Please Support
these fine boards:
Board Number
Sound of Music 1-516-536-8723
ED Hopper 1-713-782-5454
Innovator 1-713-977-1419
Dog House 1-713-422-3146
Abend 1-713-771-2802
Big Boy 1-713-324-3416
Thank you , getting better all the time! <<Sys Op>>
--
Judy Scheltema | uunet!nuchat!moray!judy
Houston, Texas | bellcore!texbell!moray!judypaulr@psuvax1.cs.psu.edu (Paul Raulerson) (10/29/88)
Possibly I should get a pair of fitted abestos underware for this but here goes: As I understand it, SWB is going to charge on the order of $40 per month for BBS lines instead of $16. This rate increase does seem excessive, but instead of trying to keep BBS lines as residential, which they truely are not, why not try for a compromise? Most folks could afford a $10 per month increase, and for that increase you could get the phone company to give you business class service on the lines. Commercial systems, like pay-for-play BBS's, can and should pay the full commercial rate. After all, the owner is going to use the phone line as a business expense on his taxes .... You might find several advantages to this: Business class service can help you deal with noisy lines: THe phone company(s) maintain special operators to help business class customers. If you decide to go commercial, most regional operating companies will provide you with free (or nearly so) advice, which is a BIG help sometimes. This is just a suggestion, as they haven't hit up here yet, why should they? Noral residential phone service up here costs over $40 per month to have unlimited dialing area. (*sigh*). Take care, and remember, that those folks at the phone company are people too, and would probaly like to come to a reasonable conclusion without hard feelings or other such stuff. Good Luck! -- Paul Raulerson & Paul Raulerson & Associates +---------------------------+ Data/Voice: 1+215-275-2429 / 1+215-275-5983 | Always Aim To Please ... | Cis: 71560,2016 Bix: paulr | Always Aim High ... | UUCP: ...!rutgers!lgnp1!prapc2!paulr +---------------------------+