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141 lines
5.1 KiB
Plaintext
141 lines
5.1 KiB
Plaintext
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Opposing the Telecommunications Act of 1991
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by Kaleb Axon
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1:280/77 @fidonet
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*
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* This is important reading for everyone. I strongly encourage
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* each sysop reading this article to make it available for your
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* users to read and/or download.
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*
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This article is concerning a bill brought before the Congress of
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the United States. People outside the United States need not be
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concerned about this bill... unless, of course, American politics
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interest you. :-)
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WHAT'S THE STORY?
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-----------------
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On October 8, 1991, a bill was brought before Congress which, if
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passed, will prevent the Bell companies and other local phone
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service carriers from monopolizing the information services.
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This is a well-intentioned bill, and it has potential. However,
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it was apparently written by ill-informed lawmakers. It does not
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address the needs of BBSs. Whoever wrote this bill apparently
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didn't even know that we exist, or else simply doesn't even begin
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to understand the issues.
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*************************
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If this bill is passed in its present form, the Bell companies
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will be free to charge BBSs whatever rates they see fit.
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*************************
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HOW CAN THEY GET AWAY WITH THIS?
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--------------------------------
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Section 201A(b)(1) of this bill's proposed ammendment to the
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Communications Act of 1934 states that...
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"Each local exchange carrier [ that is, local telephone
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service provider ] shall provide interconnection, on a
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reasonable and nondiscriminatory basis, to common carriers and
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other providers of telecommunications services and information
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services who request it."
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The phrase "on a reasonable and nondiscriminatory basis" is very
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vague. The word "reasonable" can mean a lot of things. What is
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clear is the word "nondiscriminatory." This means two things:
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1. The phone company cannot charge a competing information
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service a higher rate than it charges its own information
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service subsidiary. This is good.
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2. The phone company cannot charge different rates to
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different information services. Since a BBS is an
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information service, it must be charged the same rates as a
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for-profit service. This is not good.
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Section 201A(e) of this bill's proposed ammendment to the
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Communications Act of 1934 states that...
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"A local exchange carrier shall prepare and file tariffs in
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accordance with this Act with respect to the interconnection
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and network access services required under this section. The
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costs that a local exchange carrier incurs in providing such
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services shall be borne solely by the users of the features
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and functions comprising such services."
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What this basically means is that the phone company may add a
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surcharge onto the standard phone rate, to cover whatever costs
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it can dream up. Our government's regulatory commissions do not
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have a good track record as far as verifying the validity of such
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costs. Remember that we are already placed in the position of
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having to pay business rates by the "nondiscriminatory" clause.
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This section places on us the added burden of what would
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effectively be modem surcharges.
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WHAT CAN WE DO?
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---------------
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Write to your congressmen! Let them know that you are opposed to
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this bill in its present form. Let them know that if a section
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is added which guarantees that free BBSs will only be charged
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residential rates, then and only then you will support the bill.
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Be sure to tell your congressmen that the bill you are opposing
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is House bill HR 3515. The following points should also be
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brought up in your letter:
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1. BBSs are not-for-profit.
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2. BBSs are not typically used as heavily as larger,
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for-profit information services.
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3. BBS operators do not typically charge money for use of the
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system.
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4. The section of the proposed bill which concerns us is
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(quote this exactly):
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section 201A(e) of this bill's proposed ammendment to
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the Communications Act of 1934
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5. In the state of Texas, Southwester Bell Telephone
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attempted to charge business rates to all BBSs, and the
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Texas Public Utilities Commission unanimously agreed that
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this was unfair. In your letter, refer to Texas PUC
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docket 8387, Reginald A. Hirsch, et. al. vs Southwestern
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Bell Telephone Company.
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ADDITIONAL MATERIALS
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--------------------
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The following related files may be requested from
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1:280/77 @fidonet:
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HR-3515.ZIP Text of House bill HR 3515, and an article
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concerning its contents. This is not the
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article by James Bryant, but a brief summary
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of this article.
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TX-8387.ZIP A brief announcement of the decision in last
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year's Texas case, and a portion of the text of
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that decision.
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3515-LTR.ZIP A sample letter to be sent to your congressmen
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concerning HR 3515. Please do not copy this
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letter exactly; letter-writing campaigns are
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more effective if every letter is different,
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since that shows that you are concerned enough
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about the issue to take the time.
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