Path: utzoo!utgpu!water!watmath!clyde!att!rutgers!mit-eddie!killer!vector!nobody From: judy@moray.UUCP (Judy Scheltema) Newsgroups: comp.dcom.telecom Subject: Houston vs SW Bell Message-ID: <618@vector.UUCP> Date: 27 Oct 88 15:40:28 GMT Sender: chip@vector.UUCP Lines: 201 Approved: telecom-request@vector.uucp The following are transcripts of letters on file with the PUC as of 10/19/88. My thanks to ESTEBAN for going down, copying them, and posting them on Flight: Mr. Coyle Kelly Executive Director Public Utility Commission of Texas 7800 Shoal Creek Boulevard Suite 400N Austin, Texas 78757 Re: Service Classification of Computer Bulletin Board Service Providers and Amateur Radio Autopatches Dear Mr. Kelly: This letter is to advise you that Southwestern Bell is making a concerted effort to uniformly enforce its interpretation of the residence/business service distinction related to local exchange access line service provided to Computer Bulletin Board Service ("BBS") providers and Amateur Radio Autopatches. Basically, any subscriber requesting local exchange access lines which will be used to provide, supply, and or disseminate, any data/information or any other "service" to or for others (not just themselves), will be considered a business class local exchange customer. This is not a change in Southwestern Bell's previous policy, but simply an interpretation which is consistent with the proper enforcement of Southwestern Bell's existing tarrifs. This interpretation will allow consistent treatment of accounts which have been misclassified by the business office. In this regard, it should be noted that not all BBS providers and Autopatches are currently receiving the service at business rates, but some are currently classified as and paying residential rates. Accordingly, this interpretation will result in uniform treatment for all such subscribers in the state. The rationale for this decision is that neither the BBS providers nor the Autopatches use their telephone service for personal, residential use. Instead, it is Southwestern Bell's understanding that the BBS providers and autopatches essential share their local exchange access lines with non-family members, who would not otherwise have access to such lines, in providing services. Specifically, Southwestern Bell understands that a BBS provider operates a computer database type service for other coputer operators in the exchange. The BBS system is programmed to answer incomming calls and provide whatever information services which the customer has elected to provide. The Autopatch works much like a cellular IMTS telephone and allows amateur radio operators in their automobiles and other locations to place local telephone calls via Southwestern Bell's network through the telephone service provided to the Autopatch. By transmitting an access code on a radio frequency, an amateur radio operator can access a repeater which essentially takes the telephone receiver off hook so that the repeater becomes a mobile telephone. The amateur radio operator in his automobile is then able to place telephone calls over the telephone line through the repeater. In both instances, the BBS providers and Autopatches are using their local exchange access lines to provide services to computer owners and amateur radio operators who are not the customer of Southwestern Bell's service. The fact that the BBS and the Autopatch may be a hobby of the customer or the group which has subscribed to Southwestern Bell's telephone service does not make the customer eligible for a residential rate. It is immaterial why the customer has requested the telephone service. The distinction of whether the service is residential or business depends on the "use of the service" and whether the service is primarily for personal, residential use. In the case of both the BBS provider and the Autopatch, the use of the telephone service is *not* primarily for personal, residential use, and should be considered as more of a business nature rather than of a residence nature. Southwestern Bell's interpretation *does not* affect the rates which individuals having a home computer attached to a telephone line with a modem will pay, when the use of such line is primarily for residential use. If, however, the home computer is attached to a telephone line is used for commercial purposes, then business rates would apply. Further Southwestern Bell's interpretation does not apply to amateur radio operators who are not operating an Auotpatch, but are operation from their residence and who do not allow the use of their line by others who would not normally have access to such line (i.e., persons other than members of their household or family). Amateur radio clubs or associations would be subject to business rates, as has always been the case. Sothwestern Bell is proceeding to reclassify the accounts of both the BBS providers and Autopatches consistent with the foregoing interpretation. Very truly yours, John R. Loehman cc: Mr. John Costello, Telephone Division, PUC (Hand Delivered) Mr. Bruce Penny (U. S. Mail) Mr. David Featherston, Telephone Division, PUC (Hand Delivered) Mr. Don Laub, Telephone Division, PUC (Hand Delivered) Mr. Martin Schell, Telephone Division, PUC (Hand Delivered) Ms. Betty Suthard, Information Specialist, PUC (Hand Delivered) Ms. Martha Hinojosa-Nadler Division Staff Manager Revenue Requirements SOUTHWESTERN BELL TELEPHONE COMPANY 1610 Guadalupe, Room 310 Austin, Texas 78701 RE: Increase in Rates for BBS Operators and Amateur Radio Autopatches Dear Ms. Hinojosa-Nadler: As a result of information provided to this office (copy of letter to Mr. Coyle Kelly from Mr. John Loehman) that Southwestern Bell planned to uniformly enforce its tarrif concerning proper classification of service for Bulletin Board Service providers and Amateur Radio Autopatches and individual notices that have been sent to these customers that their rates would increase, I feel the need to exercise extreme caution. I am aware that Mr. Jim Lydon of your organization put out a news release that a change in classification *would not affext all the customers*. However, I am fully aware of the confusion that can be encounterd with correct information reaching the appropriate personnel in knowing whether or not to apply the "new rate". Consequently, I am asking Southwestern Bell to notify this office of any customer who incurrs a change in his/her rates beginning with the first billing cycle where this change was anticipated. Additionally, I am asking that any customer account that reflects an increase in rates, that Southwestern Bell investigate the matter as if was a normal complain filed through this office. The response to this office with the results of the investigation needs to include information on how the service is being used that would support the company's position that a change in rate classification is warranted. I have spoken with a number of customers about this matter as a result of the newspaper articles and subsequent calls into Southwestern Bell's business office and my information to them has been---if your bill reflects a change in rates *pay the old rate only at this time*, dispute the increase and to provide this office with a copy of the bill and a letter so that a complaint can be filed with the company. Thank you for your assistance in this matter. If I need to clarify my concerns further, please let me know. Sincerely, Betty A. Suthard Information Specialist bas cc: Mr. Bill Dunn 143: More Information By: ESTEBAN [335] Date: 16:42 10/19/88 Today I went to personally talk to Ms. Suthard at PUC. She was very kind in giving me a photocopy of the above letters. She said that she has received a few letters and phone calls on this, but I was only the second person to mention that SWB was planning to put up their own Pay BBS System and the rumor that this was the reason for the rate hike on all of us, to knock out the competition. That statement warranted a sizable chunk of her calendar as she noted this information and promised that she will soon be sending SWB another letter concerning this (their Pay BBS System). To paraphrase, she was giving the idea that the motivation behind the rate hike and the correlation of their Pay BBS serious thought. She also stated that if anyone out there gets a change in billing, she wants the bill to be paid at the old rate, a letter stating that the bill was being paid as is `in protest' and a copy of it sent to her desk. It would appear that we have a symathetic defender out there. But that is no reason to sit back and relax. Rev up them Printers and compose those Letters. If you want to submit your `beef' in person, here are directions to PUC. Andrson Lane to Shoal Creek. Turn South onto Shoal Creek. The offices of PUC are in the Office Block on the West side of Shoal Creek, right behind the Co Co's on the corner. The office block is arranged in a right-angle fasion. Park in the parking lot between the Block and Co Co's. Walk to the courtyard in the angle of the right angle. In the courtyard is a fountain. From the fountain, enter the building at the entrance on the NW side of the Courtyard. Inside will be a staircase leading up and the door to the Offices of PUC will be on your immediate left before the staircase. Inside, go through the doorway on the left, Betty Suthard's office is the second one on the opposite wall beside a floor to ceiling map of Texas. Other than that, all I have to say is... ... copy this information people and spread it as far and wide as possible. It's not just Houston and Austin that are targets, but the whole state of Texas. Esteban -- Judy Scheltema | uunet!nuchat!moray!judy Houston, Texas | bellcore!texbell!moray!judy