
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


 
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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]
 

