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- >C O M P U T E R U N D E R G R O U N D<
- >D I G E S T<
- *** Volume 2, Issue #2.19 (December 31, 1990) **
- ****************************************************************************
-
- MODERATORS: Jim Thomas / Gordon Meyer (TK0JUT2@NIU.bitnet)
- ARCHIVISTS: Bob Krause / Alex Smith / Bob Kusumoto
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- ------------------------------
-
- From: Ed Hopper <ehopper@ehpcb.wlk.com>
- Subject: Michigan Bell vs BBSs
- Date: Mon, 31 Dec 90 23:49:03 CST
- Organization: Ed Hopper's BBS - Houston, Texas 713-997-7575
-
- ********************************************************************
- *** CuD #2.19: File 4 of 7: Michigan Bell vs. BBSs ***
- ********************************************************************
-
- From: TELECOM Digest Tue, 1 Jan 91 03:46:40 CST Volume 11 : Issue 1
-
- (Note: I am sending this on behalf of Bruce Wilson.)
-
- From the FACTS BBS in Flint, Michigan, by way of the Vehicle City BBS in
- Davison, Michigan:
-
- On January 15, 1991, an administrative hearing will be held before the
- Michigan Public Service Commission to discuss a complaint filed against
- Michigan Bell Telephone Company.
-
- Early this year, a private bulletin board in Grosse Point, called the
- Variety and Spice BBS, was ordered to pay an increased charge for phone
- service because it was discovered he was accepting donations for use of his
- BBS.
-
- This BBS ran on an IBM, and supports sixteen separate lines. Although a
- portion of the BBS was open to the public, most of the BBS (including an
- "adult file" area, were restricted to those who sent a donation to the BBS.
- The money collected didn't even come close to the actual cost of running
- such a BBS.
-
- Michigan Bell claims that placing any condition on the use of a BBS
- constitutes a business, and that the sysop must pay a business rate for his
- phone line, plus pay a $100 deposit for EACH LINE in use. This means the
- Variety and Spice sysop would have to pay a $1600 deposit, plus about $50
- additional each month if he wanted to continue his BBS.
-
- The sysop refused to pay this fee, so Michigan Bell disconnect his lines.
- The sysop filed a complaint with the MPSC. Until this case was heard, he
- decided to re-install the phone lines (at a considerable cost to himself).
-
- If Michigan Bell wins this case, they will require every BBS sysop to pay
- business rates for each of their lines, if it is determined that the BBS is
- accepting fees or donations. The Variety and Spice sysop claims that MBT
- considers requiring users to upload files or post messages (ie
- upload/download ratios) the same as a donation, and will require the sysop
- to upgrade his line to a business line whether money was exchanged or not.
- However, in an interview I did in March, I talked to the chief spokesman of
- MBT, who claimed that this was not the case. Only if money is accepted
- will MBT demand the sysop pay business rate.
-
- The important thing here is that AT THIS TIME, these are the rules that MBT
- believes is in the tariff. If Variety and Spice loses this case, it is
- conceivable that MBT can request further restrictions to be placed.
-
- At this hearing, the public will be allowed to voice their opinions and
- comments. This applies to both sysops and users. If MBT wins this case it
- can cause serious restrictions to be place on BBS's, and will set a
- precedence for other phone companies around the country to follow.
-
- Your help is urgently needed!! Please try to attend this hearing. It will
- be held at the Public Service Building, 6545 Merchant Way, Lansing,
- Michigan. The date is January 15. I do not have the exact time but I
- assume this hearing will last most of the day. You do not have to testify,
- but it would really be helpful if you can attend as a show of support. The
- MPSC does not think the Michigan public even cares about BBS's. But we can
- certainly jar their thinking if we can pack the room with sysops and users!
-
- For more information, please contact Jerry Cross at 313-736-4544 (voice) or
- 313-736-3920 (bbs). You can also contact the sysop of the Variety & Spice
- BBS at 313-885-8377.
-
- Please! We need your support.
-
- Notes from Ed Hopper:
-
- In our case against Southwestern Bell, the same cockeyed logic was applied.
- For a brief period, Southwestern Bell also maintained that the requirement
- of file uploads was, in and of itself, cause for them to declare a BBS to
- be a business because it required something "of value" for access. We were
- able to force Southwestern Bell to see things in a more moderate tone.
-
- Recently, I had the opportunity to testify before the Texas PUC regarding
- the Texas BBS case. In that testimony, I stated that the telcos draw all
- sorts of extreme scenarios in which the provision of residential service to
- BBS systems is against the public good. Their argument goes: "If we allow
- them to have residential service, it will upset the equations and raise the
- cost of telecommunications services to everyone." However, there is not a
- BBS on every block, or even one in every subdivision, and no rational
- observer would ever expect that to be the case. There is, however, cause
- for most rational observers to believe that the increased cost of business
- service, including it's increased burden in the area of deposits and
- installation charges, could cause the closing of many BBS outlets. This,
- truly, would not be in the public good.
-
- Ed Hopper
-
- President
- The Coalition of Sysops and Users Against Rate Discrimination
-
- BBS: 713-997-7575 ehopper@attmail.com ehopper@ehpcb.wlk.com
-
- ****************************
-
- [%Telecom Digest% Moderator's Note: The problem of course is that the
- telephone company only has two basic rates: a rate for residence/personal
- communications and a rate for all else, which they term 'business phones'.
- Where Ed's counter-argument fails is that while there are not BBS's on
- every block, neither are there churches and charities on every block -- yet
- they pay full business rates, as do social service hotline, information and
- referral services. Are BBS information providers to be treated differently
- than dial-a-prayer lines which run on business phones, or the proverbial
- "Battered Women's Shelter outgoing phone line where the calls can't be
- traced" which also pays business rates?
-
- Here are some questions you may wish to give response to: Should there be a
- third rate category made available, covering charitable and religious
- organizations? Should this third rate category be available to all
- not-for-profit phone services such as BBS lines and social service referral
- numbers or hotlines? If BBS operators who charge money got such a rate,
- should Compuserve or GEnie also be allowed to use the same rate? Should
- telco be the one to audit the revenues and decide which computer sites
- should be treated as 'business' and which should be 'charitable
- organization'? Is it the fault of telco if the BBS operator does not
- charge enough money to make a profit? Where is the line to be drawn?
- Answers? PAT]
-
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