[misc.handicap] The Battle of Michigan Bell rages on...

34AEJ7D@CMUVM.BITNET (Bill Gorman) (02/09/91)

Index Number: 13592

The following message is forwarded for those who may be
following this whole affair. Your BBS is probably next!

W. K. (Bill) Gorman
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|From: ehopper@ehpcb.wlk.com (Ed Hopper)
|Subject: Michigan BBS Results (Round 1)
|Date: 3 Feb 91 16:35:23 GMT
|Organization: Ed Hopper's BBS - Houston, Texas 713-997-7575
|
|I am posting the following, verbatim, from a message passed on to me
|by Bruce Wilson at his request.  Anyone who wishes to engage in flames
|over the completeness of this report should direct their comments via US
|Mail to the address given.
|
|                        ----------
|
|GRID News. vol 2 nu 4. January 29, 1991.
|World GRID Association, P. O. Box 15061, Lansing, MI  48901 USA
|
|Michigan Bell Fends off BBS Complainant
|by Michael E. Marotta
|
|James R. Imhoff is the sysop of Variety and Spice BBS.  In January of
|1990, Michigan Bell began assessing him business rates.  He filed a
|complaint with the Michigan Public Service Commission.  MBT filed for
|and was granted a motion hearing.  On January 18, 1991 at 10:00 am, a
|hearing was conducted by telephone.  Judge Daniel Nickerson presided.
|Two MPSC staffers were present in person.  Michigan Bell's Craig
|Anderson and Char Hoffman were connected and James R. Imhoff was
|connected.
|
|At that time, Michigan Bell asked for several "discoveries".  As the
|defendants, they had a right to know what proofs and witnesses Imhoff
|intended to rely on.  Judge Nickerson granted most of the eight
|requests.
|
|Docket U9725, James Imhoff vs Michigan Bell Telephone was heard on
|January 29, 1991.  Present were Bruce Rainey, Tomasin Garcia, and Sam
|Khattar of the MPSC staff.  Craig Anderson, Charlene Hoffman, Nancy M.
|Rhoads, and Amy Edwards of Michigan Bell.  James Robert Imhoff
|appeared, also.  Daniel Nickerson was the administrative law judge.
|
|We met in a pre-hearing at 9:00 am.  The judge announced that the
|purpose of the pre-hearing was to define the issues of discovery.
|Craig Anderson, speaking for Bell, said that discovery was not
|resolved.  The MPSC staff said that it did not see the complaintant's
|reponses to the request for discovery until this morning.  Craig
|Anderson said he had a motion. The judge said he would continue
|presently.
|
|Anderson's motion was heard.  "I spoke to Imhoff and reminded him of
|the deadline," he said. That deadline was Friday, January 25, 1991 at
|5:00 pm.  According to Anderson, Imhoff delivered the responses to
|Bell on Monday at 12:10 pm. Speaking for the MPSC staff, Tomasin
|Garcia said she did not receive the response.  Anderson said that
|Imhoff did not provide addresses or other materials as directed by the
|judge.  MBT asked that Imhoff be precluded from calling witnesses as
|they did not have adequate time to prepare a defense or response.
|
|James Imhoff said that he delivered the materials to Bell's Michigan
|Avenue Detroit office at 4 pm on Friday, January 25, 1991, but that
|the guard was unconcerned.  The guard did not know Craig Anderson.
|Imhoff said that three guards were present, two men chatting with
|women, a third woman chatting with another woman.  Imhoff also said
|that he did not know he was to give materials to the MPSC staff, he
|thought he was to deliver them to MBT staff.  Further, he does not
|know the addresses of his witnesses because they are all computer
|people whom he knows online only.  He did not know who could and could
|not appear.  Judge Nickerson asked Imhoff if he received a letter
|outlining is responsibilities.  Imhoff replied that he did not know if
|he got the letter because he gets a lot of mail, some of it redundant.
|
|Some discussion transpired on the state of readiness of security at
|MBT and whether and when every package delivered is logged.
|
|After a recess to consider the arguments, Daniel Nickerson ruled.
|"Discovery is allowed," he said, calling it an important aspect of an
|efficient and fair hearing. "Therefore," he said,"I find that my order
|was not complied with.  Both staff and respondant are prejudiced for
|not receiving the answers ... The matter is dismissed without
|prejudice."
|
|James Imhoff said he would file again and take it up later.
|
|After the hearing, I spoke with the principals and the audience.
|Craig Anderson said that Michigan Bell is not interested in going
|after every BBS.  He would not comment on two hypothetical cases.  He
|would not say whether he would consider file uploads to be a value
|rendered and he did not feel he could say what this might mean in an
|information society.  Anderson and his colleagues all agreed that
|these issues would have to be addressed in the future as we continue
|to wire our network nation.
|
|I also spoke with James Imhoff.  "I do charge for access," Imhoff
|said.  When a user sends him money, "they get time on my system...
|they get into the library."  Imhoff feels he should not be charged
|business rates.  "The last seven years I have run this system I have
|not made dime one on this system. I actually lose between $100 and
|$150 a month. It is a hobby for this reason. If I were charging by the
|minute like a Prodigy or a CompuServe, it would be a business.  I just
|want to get close to break-even.  According to the IRS, anytime you
|lose money on a business for three years, that is a hobby.  I make
|anywhere from $1000 to $1200 a year and it costs me about $800 a
|month.  The cost of a man's toys do not determine whether his hobby is
|a business or a residence.
|
|                          -----------
|
|BBS: 713-997-7575  ehopper@attmail.com  ehopper@ehpcb.wlk.com