**************************************************************************** >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 RESIDENT RAPMASTER: Brendan Kehoe USENET readers can currently receive CuD as alt.society.cu-digest. COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing information among computerists and to the presentation and debate of diverse views. CuD material may be reprinted as long as the source is cited. Some authors, however, do copyright their material, and those authors should be contacted for reprint permission. It is assumed that non-personal mail to the moderators may be reprinted unless otherwise specified. Readers are encouraged to submit reasoned articles relating to the Computer Underground. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Contributors assume all responsibility for assuring that articles submitted do not violate copyright protections. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ------------------------------ From: "Michael H. Riddle" Subject: Telecoms Ripping off BBSs? Date: Thu, 27 Dec 90 05:59:11 cst ******************************************************************** *** CuD #2.19: File 3 of 7: Telecoms Ripping off BBSs? *** ******************************************************************** %Moderators' note: A number of states have already begun charging BBSs with business rates. In some states, this may be a nuisance but not prohibitive. In Illinois, for example, our own base rate in DeKalb of $24.02 would increase to $34 were we to run a BBS. In other states (see following file), the charges could be prohibitive if multi-line charges required deposits and other fees. A representative from GTE in Indiana indicated that they had no formal means of enforcing the charges other than to investigate if they received reports of an unregistered BBS operating in their jurisdiction. We have heard of no hobbyist in the U.S. paying for a business line to run a non-commercial BBS, but the implications, if the practice is allowed to spread unchecked, are serious. Enforced charges could be the end of the local or regional Bulletin Board as they currently exist. The issue, according to the Indiana spokesperson, is alleged to be one of fairness and equity in billing. Why, they, ask, should someone whose phone is in constant use pay the same as somebody who uses their phone only a fraction of the time? Our response is that there is little, if any, added expense to telecom operations whether a phone is used for 20 minutes or 20 hours during a given day. Further, the user is already paying an added charge simply for the receipt of calls. If one adds in toll charges for the hundreds of thousands of those who call long distance, BBSs generate considerable revenue for telecom companies. Classifying BBSs as business lines and increasing the charges strikes us as unabashed greed. Why not *REDUCE* the rates for BBS lines, which only receive calls and generate considerable revenue in long distance charges? This is not a trivial concern. Telephone rates, like all utilities, tend to rise. The policies identified in the following two files should motivate all of us to become involved by 1) Writing letters to local telecom companies 2) Writing to elected officials 3) Introducing these campaigns in local and regional elections 4) Writing to state utililty commissions 5) Attending and participating in hearings ************************************************ --- original post on alt.cosuard as reposted on comp.dcom.telecom--- The following cross-posted information is extracted from alt.cosuard. Can anyone in Indiana or a closely neighboring state provide any details on this? >From: BILL BLOMGREN - Sysop: St. Pete Programmers Exchange RIME: PETEX Well ... thought I would pass this tidbit of bad news along ... GTE Indiana prevailed against the BBS systems there ... ALL BBS's in GTE's area there are now at BUSINESS RATES. Which means $50 per month base rates, plus MUCH higher long distance charges. Indiana Bell ... has filed the same tariff with the PUC (Public Utilities Commission) there, making it state wide. Needless to say, GTE has a history of going after the little guy, so you can expect it here in the REAL near future! I expect it nation- wide in the near future. In Indiana, they decided that THE PHONE COMPANY can decide that your residence is a business, and charge high rates to all service incoming. Unfortunately, the courts agreed with them. Ain't Monopolies Nice??? ----- Not a nice situation huh? We didn't need a precedent to be set like this ... now this paves the way for other companies to follow suit. It'll be interesting to watch the nodelist to see if the nets in Indiana (201 in Lafayette, 227 in South Bend, 230 in the Gary Area, 231 in Indy, 236 in Ft. Wayne/NE IN and 2230 in Terre Haute and 11/15 in Evansville) start shrinking. Paul UUCP: crash!pro-lep!shiva ARPA: crash!pro-lep!shiva@nosc.mil INET: shiva@pro-lep.cts.com --- End of Cross Posting --- <<<< insert standard disclaimer here >>>> riddle@hoss.unl.edu | University of Nebraska postmaster%inns@iugate.unomaha.edu | College of Law mike.riddle@f27.n285.z1.fidonet.org | Lincoln, Nebraska, USA ---- my own responses to comments in the Omaha Sysops echo ---- In a message to M. RIDDLE, JACK WINSLADE writes as of 25-DEC-90 14:30:26 >Since you are the closest to being a real lawyer of any of us, and since >you were the one who 'broke' the story to Tel_Dig, would you be willing to >give an educated opinion on specifically what, when, and how much the >Indiana decision will affect us here in Omaha. See the previous response to Joan for what news there is. >I'm sure that this will result in Yet Another round of 'The Sky Is >Falling' messages in every sysops' conference just as soon as it hits >Arfnews, etc. and enters the distortion-prone person-to-person-to-person >chain of communication. The only thing faster than the speed of light is the manner is which disinformation about BBS law propagates across the net. >Is this decision effective immediately, or will a higher court (or >something else) intervene ?? How might this affect the situation in >Nebraska (where Clink is about to buy the farm) and in the other states >such as Texas ?? Since the limited information we have suggests this is a PUC decision, it is still appealable to the courts. If appealed, it will probably not go into effect until final judgment. It's direct effect would only be in Indiana. The Nebraska PUC might not care a great deal what Indiana did, or it might give them some value as "persuasive precedent." The arguments GTE used might have some value. They might not. It all depends on how the Indiana statutes are worded. My guess is the fight is over "what is a business for the purpose of telephone rates?", which will in turn include "why do businesses pay higher rates than residences?" The answer to the second is generally "because they use the phone more." The answer to the first has usually been "some kind of organization that either makes a profit or has formal nonprofit status." We all know that successful BBSes use telephone resources more than a residence, perhaps more than many businesses. That supports GTEs position. The fact that they are hobby operations is what complicates the picture, and the PUC reaction is difficult to predict. >Comments, suggestions ?? Keep calm and wait for a better report on what happened. >Good (??) Day! JSW G'Day back to you, mate! MHR --- end of quoted messages --- ******************************************************************** >> END OF THIS FILE << ***************************************************************************  Downloaded From P-80 International Information Systems 304-744-2253 12yrs+