Date: Wed, 12 Feb 92 11:10:29 PDT

Date: Wed, 12 Feb 92 11:10:29 PDT
From: [email protected](Walter Scott)
Subject: Update Of Info. In 2/5/92 Newsbytes Article On BBS Phone Rates

If you do not recall, or are otherwise unaware, there is a
complaint (docket #UC-205) filed before the Oregon Public Utility
Commission intended to prevent US West from reclassifying BBS phone
lines to business rates. SysOp Tony Wagner filed the complaint back in
October. On 2/5/92, Dana Blankenhorn of Newsbytes Magazine released a
story, subsequently published in Newsbytes, that covered the Wagner
complaint. What follows is my own efforts to update Blankenhorn's
information. Herein, find corrections of some items reported by
Blankenhorn or simply left out of his article.

Over the weekend of 2/8/92, I managed to conduct a short interview
with Tony Wagner of Portland, Oregon and First Choice Communications
BBS. I learned that Wagner's BBS is still online. This is contrary to
my understanding of the 2/5/92 Newsbytes story by Dana Blankenhorn.
Wagner's BBS is available at:

503-297-0278
503-297-0279
503-297-0343 [RESTRICTED ACCESS]

Wagner mentions his dispute with US West in bulletin #1 on his
system. Here is full text of that bulletin.

======================= TEXT BEGINS ===============================
Well The U.S. West phone company has decided that ALL
Phone lines that have modems on them Should be classed
As Business Lines..

I have run a FREE Bulletin Board System for years out
of my own pocket with out ever asking users to help
pay the Cost of running the system..

This will have to change if U.S. West has their way
So please leave me mail as to how you feel about this
better yet Call the Phone Company and tell them how you
feel..

If this happens I will do something like a Pay system
that will cost around $1.00-3.00 Per hour depending
on what parts of the BBS you want to use The Advantage
to you will be unlimited Time on NO Time Limits If it
get to busy I will add more lines Wildcat can handle
250 Lines :-)

I may then even add a bunch of Doors with Games Etc.
========================== TEXT ENDS ==============================

Wagner's legal expenses were not dealt with in the manner implied
by Newsbytes on 2/5/92. Although an investigation of Wagner's
"Pacific Northwest Phone's" conference (the location on Wagner's system
of the FidoNet PNWBELL echo) would indicate that the subject of others
chipping in to pay for legal services was broached, Wagner informed me
that no group of SysOps or users ever paid for, or attempted to pay
Richard Samuels (Wagner's original attorney).

Richard Samuels withdrew from Wagner's complaint filing at the
Oregon Public Utility Commission shortly before a December 10 hearing
date. Wagner represented himself at that hearing.

The "Pacific Northwest Phone's" conference on First Choice
Communications additionally reveals an important item of interest. It
is apparent that US West and SouthWestern Bell are sharing information
about disputes with BBS operators in their respective operating
jurisdictions. Such is illustrated in the following message pulled from
the "Pacific Northwest Phone's" conference on First Choice Communications.

=========================== TEXT BEGINS ==============================
From : SCOTT LENT Number : 223 of 241
To : ALL Date : 01/10/92 11:56am
Subject : a note Reference : NONE
Read : [N/A] Private : NO
Conf : 505 - Pacific Northwest Phone's

That may or may not be of interest to those of you serviced by US West:

A group of sysops in Missouri met with representatives from Southwestern Bell
on 01/07/92 in St. Louis for the second in a series of negotiations. At the
meeting, William Bailey, District Manager-Rate Administration, divulged that
he had been in contact with "someone from US West," and that their
conversation included discussion of their respective telephone tariffs.
Specifically, he made reference to your (Oregon's) tariff wording that
refers to "domestic use."

This information is two-fold. First, you now know that your RBOC people are
in contact with others about tariff wording. Secondly, your RBOC people are
aware that other RBOCs are negotiating with their consumers over regulations
that affect the modeming community.

Scott

--- DB B1056/004017
* Origin: GKCSA-the ultimate bal...er...Bell buster (1:280/310)
=========================== TEXT ENDS =================================

Wagner has retained attorney Kevin Myles to represent him in his
complaint case at the Oregon Public Utility Commission. Myles has until
March 3, 1992 to file a brief. A round of reply briefs, from the
opposing parties in the complaint, is also possible.

Walter Scott
--
"Lightfinger" Rayek's Friendly Casino: 206/528-0948, Seattle, Washington.

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