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1990-12-30
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142 lines
Courtesy of Friends & Lovers BBS
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SW BELL ISSUES ULTIMATIM!
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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]