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-
- Courtesy of Friends & Lovers BBS
- ------------------------------------
- SW BELL ISSUES ULTIMATIM!
- ------------------------------------
-
-
- Southwestern Bell Telephone
- 1616 Guadalupe, Room 600
- Austin, Texas 78701
- Phone (512) 870-5713
-
- L. Kirk Kridner
- Attorney
- November 16, 1989
-
-
-
- Mr. Reginald A. Hirsch
- Lipstet, Singer & Hirsch
- Two Post Oak Central
- 1980 Post Oak Blvd, Suit 1780
- Houston, Texas 77056
-
- VIA EXPRESS MAIL
-
- Re: Docket 8387: Petition of R. A. Hirsch Against Southwestern
- Bell Company; Pending before the Public
- Utility Commission of Texas
-
- Dear Mr. Hirsch:
-
- Pursuant to our recent telephone conversation, this is to
- provide you with information regarding Southwestern Bell's
- Interim Bulletin Board System (BBS) policy for you to convey to
- the membership of your BBS operators association. It is my
- understanding that this organization will vote on whether to
- proceed with the above referenced complaint. It is also my
- understanding that the outstanding issues are how the terms
- "gain" and "receive" in Southwestern Bell's definition of
- business are interpreted.
-
- For purposes of Southwestern Bell's interim definition, the
- term "gain" means any monetary or cash exchange. This includes
- any transaction where the BBS operator receives cash, or money
- from checks, credit cards, drafts or other negotiable
- instruments. It does not include trading, barter, non-negotiable
- items, software, paper, baskets of fruit, etc.
-
- My client is firm on the inclusion of the term "receive"
- within the definition. There are too many charitable
- organizations currently at business rates to now allow a special
- group to be receiving "donations" and be peremitted to pay
- residential rates. It would also be a violation of the non-
- discrimination requirements of the Public Utility Regulatory Act
- (PURA) to give BBS operators a preference in this regard.
-
- As we discussed, in the event that you elect to proceed with
- your complaint, then it is probable that my client will urge that
- the Commission accept its original position. Specifically, if
- the Commission is to consider an appropriate definition of
- business, then Southwestern Bell may seek to have the Commission
- declare that the use of a telephone line to provide any goods or
- services will require a business rate regardless of whether there
- is any exchange of consideration. This could result in all BBS
- operators being required to pay business rates. Further, in the
- event that the Commission does not allow such a position,
- Southwestern Bell could still file a tariff change at a later
- date seeking to redefine residence/business services.
-
- Finally, as to alternative rates to which BBS operators may
- be able to subscribe, I would suggest that you advise your
- membership to inquire of their Southwestern Bell service
- representative of the alternative rates which are available. The
- service representatives are familiar with the measured service
- alternatives and can advise the BBS operators of those rates and
- their requirements.
-
- Very truly yours,
-
- Kirk Kridner
-
-
-
- -------------------------------------------------------------------------------
- Addendum by Kevin McAleavey, Friends & lovers BBS, NYSSOA 010502:
-
- On November 11, 1989, Members of COSUARD voted against the
- proposed settlement offer, remanding the matter for a final
- decision by the Texas PUC. It is expected that the Texas PUC will
- hear the final arguments in mid-February. Reginald Hirsch has
- explained that the settlement offer made no distinction between
- those BBS's which "accepted donations" and regular free BBS's run
- by hobbyists without any charge, and that the proposed settlement
- offer made no differentiations in its "one line" rule. It is
- interesting to note that the above letter was written 5 days AFTER
- the vote. The public outcry must have SW Bell frightened indeed.
-
- In addition, a new force has entered the fray, none other than
- A.R.R.L (The American Radio Relay League which represents Amateur
- radio operators) after SW Bell announced that the same rates would
- now also apply to Amateur radio operators in Texas who operated
- "auto-patches" which would allow "ham" radio operators to access
- the telephone network from mobile radio transceivers (a custom in
- regular useage since the 1950's).
-
- Reggie intends to fight SW Bell to the end, and now with the
- additional support which A.R.R.L. and its membership is bringing to
- bear on the matter bodes well for the eventual outcome, since
- Amateur radio operators comprise the backbone of Texas' Emergency
- Preparedness system, and access to the phone network in an
- emergency situation is of great concern to all people of the State
- of Texas.
-
- The above letter should remind all modemers that a boycott of
- such services as U.S. VideoTel and other co-opted "Gateway
- Services" is in great order. I also recommend boycott of New York
- Telephone's "Infolook Gateway Services" in order to demonstrate to
- the Bell Operating Companies that we modemers take such threats
- very seriously, and that such attitudes are "bad for business."
-
- A nationwide boycott of "Gateway services" with an explanation
- from us to our respective telephone service providers would
- encourage OUR phone companies to bring pressure to bear on SW Bell
- and would likely resolve this issue far more quickly than waiting
- for the matter to be decided by the Texas PUC for all of us. As we
- have often reminded everyone, what happens in one State becomes a
- precedent for similar actions in all other States, and the "baby
- bells" are waiting with baited breath for this one to go THEIR way.
-
- We will continue to follow this story here as always, and will
- keep you informed of any developments in this, and any other issues
- which threaten the "quiet enjoyment" of modeming.
-
- Kevin J McAleavey, Sysop
- Friends & lovers BBS
- NYSSOA Member #010502
- 3/12/24 8N1 7PM - 9AM EST
- (518) 767-3316
- [New accepted 7-10 PM EST]
-
-
-