home *** CD-ROM | disk | FTP | other *** search
- ------------------------------
-
- Subject: Michigan Bell Fends off BBS Complainant
- From: "Michael E. Marotta" <MERCURY@LCC.EDU> Subject: News from Michigan
- Date: Tue, 29 Jan 91 15:24 EST
-
- ********************************************************************
- *** CuD #3.05: File 8 of 8: The CU in the News ***
- ********************************************************************
-
- From: 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 complainant'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 delivery 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 his
- 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 respondent are prejudiced for not
- receiving the answers... The matter of 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, any time 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.
-
- Kevin Craft, sysop of Beam Rider noted that Imhoff seemed "not well
- prepared." Rick Wisckol, former sysop of Northern Point said that when
- faced with Michigan Bell, you "shouldn't wing it. ...Get someone who can
- work the ropes on the same level as Michigan Bell."
-
- Imhoff said that he was a target in a larger conspiracy. He said that
- there are 50 million registered home modems in American. If Bell can
- collect an extra $3 per month, he said, that will be an extra $150 million
- per month in income. "Going after me is just the first step."
-
- ********************************************************************
-
- ------------------------------
-
- **END OF CuD #3.05**
- ********************************************************************
-
-