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From: ehopper@ehpcb.wlk.com (Ed Hopper)
Newsgroups: comp.dcom.telecom
Subject: BBS Decision in Texas
Message-ID: <72204@bu.edu.bu.edu>
Date: 13 Jan 91 20:09:30 GMT
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Organization: Ed Hopper's BBS - Houston, Texas 713-997-7575
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X-Telecom-Digest: Volume 11, Issue 33, Message 2 of 6


On January 9, 1991, the Texas Public Utilities Commission, on a vote
of 3 to 0 approved a negotiated settlement in Texas PUC docket 8387.
This is the case of Reginald A. Hirsch, et. al. vs Southwestern Bell
Telephone Company.  This case grew from Southwestern Bell's attempt to
assess business rates to all known BBSs.

The negotiated settlement provides for the following provision to be
added to the Southwestern Bell tariffs:

   ----- Begin quotation from proposed stipulation ------

          2.  Southwestern Bell agrees to amend Section 23, Paragraph
3.1 of its General Exchange Tariff defining business service to
include the following footnote:

As a result of a Stipulation in Docket No. 8387 approved by the
Commission on ______, Southwestern Bell agrees that all Bulletin Board
Systems ("BBS") that are located at residence locations that do not
solicit, require, or receive monetary compensation and that use three
or fewer local exchange access lines shall be permitted to subscribe
to local exchange access service at the approved residential rates.
BBSs that are eligible to subscribe to local exchange access service
at residential rates may publish their name, telephone number and
technical information in a listing of BBSs by location or subject
matter.  Such listings must be purely informational to advise readers
of the BBS's name, telephone number, location, subject matter, hours,
baud rates, and other technical information.  BBSs that do not meet
these conditions will be considered businesses, and approved business
rates will apply for all local exchange access lines used by such BBS.

     ------------------- End Quotation -----------------

The stipulation also provides that Southwestern Bell will provide a
single point of contact for BBS operators and that for a period of 90
days after the PUC decision, they will waive service charges on orders
to change service from one class of service to another in order to
comply with settlement.

This has been a long fight.  The settlement is not what any of the
parties would consider perfect.  It does give BBS operators in Texas a
firm set of guidelines in which to operate.  They no longer have to
play "Russian Roulette", hoping that they reach a SWBT business office
that understands the rules.


Ed Hopper
President - COSUARD
 BBS: 713-997-7575  ehopper@attmail.com  ehopper@ehpcb.wlk.com