Courtesy of TBE, The Big Experiment, Selkirk, NY

TBE [M]AGAZINE: SWBELL UPDATE: SETTLEMENT OFFER
=============================================================================
 
            OPEN LETTER TO TEXAS BBS SYSOPS AND USERS
 
Date:          August 10, 1989
Dissemination: All BBS Operators and Users
Meeting:       Hobby Hilton Saturday September 16,1989 1 pm.
 
    Almost one year ago, a meeting was held at the Houston Grand Hotel in
which over 200 sysops and users attended to discuss Southwestern Bell's
application of business rates to BBS operations in the State of Texas.  As a
result of the meeting in October, 1988, an organization was formed under the
name "COSUARD", standing for Coalitition of Sysops and Users Against Rate
Discrimination.
 
    This group has received broad support throughout the Texas community and
has established a voice phone line at (713) 686-2730 and established its own
BBS operation at (713) 997-1301.  As a result of COSUARD's involvement
numerous letters have been received at the Texas Public Utility Commission
from many users, concerned citizens and sysops throughout the United States.
At present many bulletin boards and networks carry the COSUARD and Fight Bell
conference.  Inquiries have been made from Oklahoma and affiliate status has
been granted to as organizational group in the State of Oklahoma.
 
    As a result of the October 1988 meeting, a formal complaint under Docket
No. 8387 was filed with the Texas Public Utility Commission against
Southwestern Bell.  After the original complaint was filed by Reginald A.
Hirsch, three parties, Glynne Tolar, Paul Hutmacher and Steve Conroy
intervened in this matter, called "Petitioner's Group".  Since that time a
number of hearings have taken place in Austin, Texas.  Southwestern Bell and
the Petitioner's Group have engaged in active discovery in preparation of
trial of this matter.
 
    After negotiations and discussions, Southwestern Bell has recently made a
proposal, which is as follows:
 
          "The Company would agree to allow a BBS
          operator to subscribe to residential class
          rates provided that there is not more than ONE
          telephone line connected to the BBS and the
          BBS operator does not request any compensation
          in connection with the BBS services."
 
    Because of the issues raised in this proposed settlement, a prehearing
conference before the Texas Public Utility Commission Friday, August 4, 1989
it was agreed that a community meeting would be held in Houston, Texas at
1:00 p.m. at the Houston Hobby Hilton, 8181 Airport Blvd., Ballrooms D and E,
Houston, Texas on September 16,1989 Saturday for the purposes of discussion
of this settlement proposal.
 
    Attending this meeting will be representatives of Southwestern Bell,
Petitioner's Group, and counsel from the General Counsel's Office of the
Texas Public Utility Commission.  Because the outcome and determination of
this complaint could effect all BBS operations in the State of Texas and
because of the widespread interest in this matter, this meeting is of extreme
importance.  This may be the only opportunity for sysops and users to voice
their thoughts regarding the aforementioned proposed settlement.
 
    Southwestern Bell has under consideration that in the event that this
complaint is resolved, that this agreement would apply to all BBS operations
in the State of Texas.  Because of limited seating capacity, I am requesting
that any individuals which intend to attend this meeting, please call my
office at (713) 961-7800.  Sysops and users from San Antonio and Austin,
Texas are making travel arrangements and intend to attend this important
meeting.
 
    Representatives of COSUARD will be in contact with members of the BBS
community throughout the State of Texas in order to alert them of this
meeting.  It is my sincere belief that this meeting is historic in nature and
extremely important to the continuation of BBS operations in the State of
Texas and every attempt by users and sysops should be made to attend this
meeting.  The outcome of this meeting could very likely affect continued BBS
operations in the State of Texas and I urge you to attend and to electronicly
disseminate this message and this notice to all BBS operations in the State
of Texas.
 
    For additional information, please feel free to contact any member of a
COSUARD or NYSSOA BBS.
 
 
                                   Sincerely yours,
                                   Reginald A. Hirsch
                                   President, COSUARD
 
-----------------------------------------------------------------------------
 
NOTE BY KEVIN MCALEAVEY, TBE BBS:
 
    While the settlement described above is a major step towards a reasonable
agreement on the protection of our hobby BBS's, I personally have concerns
about one of the provisions, namely the "single line" stipulation. The phone
companies have for a long time considered two telephone lines to a single
residence as a normal residential situation and I am a bit concerned about
allowing Southwestern Bell to obtain such a conditional "foothold" since the
Texas settlement will serve as a de-facto guideline for the remainder of the
United States. Texas has been considered a "test case" by many observers.
 
    Many hobbyist SysOps obtain a second line for voice and often use it for
calling out. Were the phone company in a routine check to encounter two "data
tones", would they make a good-faith effort to determine that the second line
is NOT being used with the BBS? Would this constitute "dual-line" useage and
thus result in SysOps being charged the "commercial rate" arbitrarily?
 
    What about the few hobbyists who run their systems with two nodes and do
not charge for their services? Clearly these systems would be singled-out as
"commercial" useage.  Is this fair and appropriate? Perhaps we might want to
attempt to persuade the parties in Texas to argue for SouthWestern Bell to
modify their settlement to permit TWO lines. This would then to my mind be a
reasonable settlement that would be applicable nationally with some degree of
fairness to everyone. What are YOUR thoughts?
 
    TBE BBS will be changing its name as of September 3, 1989 to Friends and
Lovers BBS in order to better identify itself to our members. The new BBS
will continue to keep track of this case as it has in the past.
 
                                    Kevin McAleavey,
                                    Friends & Lovers BBS (TBENET node 1)
                                    518-767-3316
 
                                         *TBENET1*SWB09*082789*