informis
/
textfiles
1
0
Fork 0
Code Issues Pull Requests Packages Projects Releases Wiki Activity
textfiles/law/finalmo.txt

478 lines
24 KiB
Plaintext
Raw Permalink Normal View History

Initial commit
2021-04-15 11:31:59 -07:00
Southwestern Bell Telephone
"The One to Call"
100 North Tucker Boulevard
St. Louis, MO 63101
Phone 314 247-2216
March 12, 1992
Mr. William Hirt
7205 North Rhode Av.
Kansas City, MO 64152
Dear Mr. Hirt:
The proposed Southwestern Bell Telephone Company (SWBT) tariff language regarding
Bulletin Board Systems operated at residence locations has been finalized and filed with
the Missouri Public Service Commission.
Attached for your information is a copy of the filing letter and pending tariff
language. As the letter indicates, this tariff change will be effective on April 10,
1992, provided there are no interventions or requested extensions. Once approved, BBS
customers effected (sic) by this tariff language change will be given the option of
changing to the proper class of service at no charge for a period of 60 days from the
effective date.
If you have any questions or comments regarding the attached, please give me a call on
314-247-2216.
William C. Bailey
March 5, 1992
Mr. Brent Stewart, Executive Secretary
Missouri Public Service Commission
Box 360
Jefferson City, MO
Dear Mr. Stewart:
Southwestern Bell Telephone Company proposes to revise the Missouri Local Exchange
Tariff, P.S.C. MO.-NO 24 and P.S.C MO.-NO 35, General Exchange Tariff, Section 17, Rules
and Regulations Applying to all Customers' Contracts.
Two distinct revisions are being proposed. The first would change Information Terminal
Service (ITS) to an optional offering. The second revision provides direction for the
appropriate classification of service--residence versus business--for Bulletin Board
Systems (BBS) operated at residence locations. We believe both of these revisions
result in greater equity to the customer.
The current tariff language requires the application of ITS when the communication link
between the customer and the central office utilizes data transmitting and receiving
equipment that processes data and/or performs calculations. However, in many cases,
successful data transmission is possible using a voice grade communications offering
such as single-line business. (ITS does not apply to residence customers, and those
residential customers using data transmitting and receiving equipment may subscribe to
a residential class of service as long as their use of the service is within the
parameters of the business/residence definition.)
The business office depends on the customer's description of how service will be used
when quoting appropriate rates for service. If the customer informs us the service will
be used for data transmission, he/she would be required to pay the applicable ITS rate.
However, if the customer does not disclose their intentions to transmit data, they may
order a lower-priced service which may provide completely satisfactory data
transmission. Therefore, the tariff is being revised to allow the business customer not
requiring ITS to subscribe to a lower priced flat-rate business offering.
The tariff revision also precludes the use of business message service with the
equipment described above. (The existing tariff language precludes the use of business
measured service with this equipment.)
Currently, the General Exchange Tariff, Section 17, Paragraph 17.3, Rules and
Regulations, provides direction for the application of residence or business service.
Our attempts to enforce this tariff have raised many concerns and questions within the
BBS community regarding the appropriate class of service--residence versus business--for
BBSs operated at residence locations. Meetings held with select BBS representatives
raised some questions related to the interpretation of our tariff language when
determining the service classification for BBS operators.
To address these questions and concerns, tariff language was proposed and concurred in
by the BBS representatives that clarifies the appropriate class of service. The
proposed revision allows BBS operators located at a residence to apply for residential
service if they do not solicit or require remuneration, do not use paid-for advertising
to promote their BBS and use four or fewer access lines. The tariff revision also
precludes the use of residence measured or message service as the local exchange access
service for the operation of these BBSs.
Message and measured service was designed as a lower-priced service option for customers
with low outgoing usage. It was not designed to accommodate customers with high volume
incoming calls as is the case when service is used with data transmitting and receiving
equipment (i.e. ITS and BBS customers).
In addition, we propose to provide language in the General Exchange Tariff which allows
the mixing of flat and message or measured rate service in those cases where a business
customer subscribes to a flat rate business offering for use with data transmitting and
receiving equipment and message or measured rate service is the customer's primary
service. The proposed tariff language will also allow the same mixing where a BBS
operator qualifying for residential service subscribes to a flat rate residence offering
for the operation of his BBS and message or measured service in his primary service
offering.
Assuming our proposed filing is approved, existing customers subscribing to Information
Terminal Service will be advised by letter of the change in status of this service to
an optional offering. These customers would be given the option of changing to flat
rate business service from Informational Terminal Service at no charge for a period of
60 days. The estimated negative revenue impact of this proposal ranges from $165,000
to $330,000. While we have no data available on how many customers may wish to change,
we have estimated that 50 to 100 percent of the lines will be changed to single-line
flat rate business service.
Since BBS customers are a self-reporting group and there is no way to specifically
identify them, it is not possible to calculate a revenue impact. It is anticipated that
we will have customers qualifying for residence rates that currently are classified as
business, as well as customers with residence classification that should be business.
These customers will also be given the opportunity to change to the appropriate class
of service at nor charge for a period of 60 days from the effective date
The proposed revisions are reflected on the attached tariff sheets. The issued and
requested effective dates are March 11, 1992 and April 10, 1992, respectively.
Please refer any questions regarding this matter to Rhonda Huser on 314 274-2510.
Very truly yours,
R. D. Barron
President-Missouri Division
/Certification included that the above was forwarded to Office of Public Counsel on
March 5th, 1992. /
P.S.C. Mo.-No. 35
No supplement to this General Exchange Tariff
tariff will be issued Section 17
except for the purpose 1st Revised Sheet 1
of canceling this tariff. Replacing Original Sheet 1
RULES AND REGULATIONS APPLYING TO ALL CUSTOMERS CONTRACTS
17.1 RULES AND REGULATIONS APPLYING TO ALL CUSTOMERS CONTRACTS
The regulations specified here in are in addition to the regulations contained
in other sections of this General Exchange Tariff and other tariffs. Failure on
the part of customers to observe these rules and regulations of the Company
automatically gives the Company the right to cancel the contract and discontinue
the furnishing of service.
The Telephone Company's obligation to furnish service or to continue to furnish
service is dependent on its ability to obtain, retain and maintain suitable
rights and facilities, and to provide for the installation of those facilities
required incident to the furnishing and maintenance of that service.
The regulations covering the connection of equipment, accessories or facilities
provided and maintained by the customer are contained in other sections of this
tariff.
17.2 APPLICATION FOR SERVICE
Applications for service, or requests from customers for additional service, and
changes in the grade or class of service become contracts when received by the
Company and are subject to the minimum contract term. The Telephone Company
reserves the right to require application for service to be made in writing on
forms supplied by it.
The terms and conditions of all contracts are subject to the rules and
regulations in this General Exchange Tariff and other tariffs for the particular
exchange for which service is to be furnished.
Any general change in rates, rules or regulations shall act as a modification of
the contract to that extent without further notice except that in case rates are
increased, the customer may cancel his contract upon reasonable written notice
and upon payment for all service, equipment and contractual liability.
Unless otherwise specified, the minimum term for which service will be furnished
is one month.
----------------------------------------------------------------------------------
Issued: Mar 11 1992 Effective: Apr 10 1992
By R.D. BARRON, President-Missouri Division
Southwestern Bell Telephone Company
St. Louis, Missouri
P.S.C. Mo.-No. 35
No supplement to this General Exchange Tariff
tariff will be issued Section 17
except for the purpose 1st Revised Sheet 2
of canceling this tariff. Replacing Original Sheet 2
RULES AND REGULATIONS APPLYING TO ALL CUSTOMERS CONTRACTS
17.3 APPLICATION OF BUSINESS AND RESIDENCE RATES
17.3.1 Business Rates Apply at the Following Locations(1):
In offices, stores, factories and all other places of a strictly business nature.
In offices of hotels, halls and offices of apartment buildings, quarters occupied
by clubs or lodges, public, private or parochial schools or colleges, hospitals,
libraries, churches and other similar institutions, except in churches and
boarding houses as specified below.
At residence locations when the customer has no regular business telephone and
the use of the service either by himself, members of his household, his guests
or parties calling him can be considered as more of a business than of a
residence nature, which fact might be indicated by advertising either by business
cards, newspapers, handbills, billboards, circulars, motion picture screens or
advertising matter such as on vehicles, etc., or when such business use is not
such as commonly arises and passes over residence telephones during the intervals
when, in compliance with the law or established custom, business places are
ordinarily closed.
(1) An electronic Bulletin Board System (BBS) is a data calculating and storage
device(s) utilized as a vehicle to facilitate the exchange of information through
the use of Southwestern Bell telephone Company services.
BBSs located at a residence location that do not solicit or require any
renumeration, directly or indirectly, in exchange for access, and that use four
of fewer local exchange access lines shall be permitted to subscribe to a flat
rate residential offering. Measured or message rate service may not be used as
the local exchange access service for the operation of BBSs. BBSs eligible for
residential rates may not use paid-for advertising to promote or advertise their
BBS. Those BBSs that do not meet these conditions will be considered businesses,
and shall subscribe to the appropriate business rate service for all exchange
lines used by the BBS.
----------------------------------------------------------------------------------
Issued: Mar 11 1992 Effective: Apr 10 1992
By R.D. BARRON, President-Missouri Division
Southwestern Bell Telephone Company
St. Louis, Missouri
P.S.C. Mo.-No. 35
No supplement to this General Exchange Tariff
tariff will be issued Section 17
except for the purpose 1st Revised Sheet 10
of canceling this tariff. Replacing Original Sheet 10
RULES AND REGULATIONS APPLYING TO ALL CUSTOMERS CONTRACTS
17.5 USE OF SERVICE AND FACILITIES-(Continued)
17.5.1 Use of Customer Service-(Continued)
Business Local Exchange Service may be used in the provision of interstate
enhanced service consistent with the FCC-mandated enhanced services exemption.
Such interstate enhanced services use is limited to the period for which the FCC
enhanced services exemption is in force.
Except as specifically provided for in this or other Telephone Company tariffs,
Local Exchange Service may not be used to extend the local calling scope of the
subscribing customer.
When a customer utilizes both Local Exchange Service for intraexchange purposes
or FCC-exempted interstate enhanced services purposes and Access Services for
interexchange telecommunications purposes, these services must be provided over
separate facilities, i.e., the services may not be intermixed.
In the event a customer's service is discovered to be in violation of the
aforementioned provisions, the Telephone Company shall backbill to recover the
undercharge. To determine the amount of undercharge, the Telephone Company shall
first review its service records to determine the period of undercharge. Should
the customer dispute the period determined by the Telephone Company, the customer
has the burden of demonstrating a shorter period of undercharge. In cases where
the Telephone Company service records do not indicate a probable period of
undercharge, a period of 12 months shall be used and the burden of demonstrating
a shorter period shall be upon the customer. The undercharge shall be assessed
based upon Switched Access Service charges.
The Telephone Company, upon failure of the customer to pay the amount backbilled,
shall suspend service to the customer until such time as the backbilled amount
plus late payment penalty, if any, are paid in full.
17.5.2 Paralleling Service
When flat, measured or message rates (including semi-public) are quoted in an
exchange for business or residence main station or commercial Private Branch
Exchange Service, an applicant may, at his option, select service under one
method of rate treatment, but the entire service furnished at the same premises
including additional and auxiliary service must be uniformly on the same rate
----------------------------------------------------------------------------------
Issued: Mar 11 1992 Effective: Apr 10 1992
By R.D. BARRON, President-Missouri Division
Southwestern Bell Telephone Company
St. Louis, Missouri
P.S.C. Mo.-No. 35
No supplement to this General Exchange Tariff
tariff will be issued Section 17
except for the purpose 1st Revised Sheet 11
of canceling this tariff. Replacing Original Sheet 11
RULES AND REGULATIONS APPLYING TO ALL CUSTOMERS CONTRACTS
17.5 USE OF SERVICE AND FACILITIES-(Continued)
17.5.2 Paralleling Service-(Continued)
basis and not on a combination of rate methods. The foregoing does not apply to:
1. The premises of a provider of Enhanced Service where the measured service
is being used to provide one service to its patrons (Voice Messaging) and
flat rate for another (Telephone Answering Service);
2. Furnishing message or measured rate business service with Semi-Public
Service;
3. Customer-Owned Pay Telephone Service;
4. Business customers subscribing to flat rate business offerings for use with
data transmitting and receiving equipment and message or measured rate
service is the customer's primary service.
5. Residence customers subscribing to flat rate residence offerings for
purposes of operating Bulletin Board Systems and message or measured rate
service is the customer's primary service.
Where there is sufficient public and customer need to warrant furnishing
combinations of these services, Semi-Public Telephone Service may be furnished
as paralleling service to any other business service and at locations chosen by
the customer and agreed to by the Telephone Company.
17.5.3 Party Line Service
Customers with party line service will so use the service as not to interfere
with an equitable proportionate use of the service by the other customers on the
same line. When the duration or number of local message sent or received by a
party line customer is so great as to prevent an equitable proportionate use of
the line by other customers on the line, the Telephone Company shall have the
right to require the customer to contract for a higher grade of service or to
discontinue the service of the customer in question. The Telephone Company
reserves the right to limit the continuous use of a party line for local
messages.
17.5.4 Transmitting Messages
The Telephone Company does not transmit messages but offers the use of its
facilities for communications between its customers.
----------------------------------------------------------------------------------
Issued: Mar 11 1992 Effective: Apr 10 1992
By R.D. BARRON, President-Missouri Division
Southwestern Bell Telephone Company
St. Louis, Missouri
Three pages of rates attached.
P.S.C. Mo.-No. 24
No supplement to this LOCAL EXCHANGE TARIFF
tariff will be issued 2nd Revised Sheet 5.06
except for the purpose Replacing 1st Revised Sheet 5.06
of canceling this tariff.
LOCAL EXCHANGE TARIFF
1.2 RATES-(Continued)
1.2.15 Connections with data Transmitting and Receiving Equipment that Process Data
and/or Perform Calculations-Information Terminal Service(1)
A. General
1. Data transmitting and receiving equipment that process data and/or perform
calculations and which requires line conditioning on the access line in
order to operate effectively, will be connected to the exchange netowrk of
the Telephone Company through the provisions of Information Terminal
Service. Business customers not needing Information Terminal Service for
successful transmission of data may subscribe to a flat rate business
offering when their use of the service is within the parameters of that
described under the application of business rates in the General Exchnage
Tariff, Section 17, Paragraph 17.3.1. Message or measured rate service may
not be used with the equipment described above. Examples of data
transmitting and receiving equipment would include computers, associated
buffering devices and/or concentrating devices with store and forward
capabilities located on the same premises and shall include equipment used
in the provision of Composite data Service. Teletypewriter machines and
similar input terminal devices are not within the provisions of this
service.
2. Information Terminal Service working in conjunction with an aprropriate
modem is the communications link between data transmitting and receiving
equipment and the Telephone Company central office. Information Terminal
Service is a business exchnage service and, as such, is assigned a telephone
number and has incoming and outgoing call capabilities.
(1) Information terminal Service is not a residential class of service.
Residential customers using data transmitting and receiving equipment as
described above may subscribe to a residential class of service for this
purpose when their use of the service is with the parameters of that
described under the application of residence rates in the General Exchnage
Tariff, Section 17, Paragraph 17.3.
----------------------------------------------------------------------------------
Issued: Mar 11 1992 Effective: Apr 10 1992
By R.D. BARRON, President-Missouri Division
Southwestern Bell Telephone Company
St. Louis, Missouri
P.S.C. MO.-NO.24
No supplement to this Local Exchange Tariff
tariff will be issued 3rd Revised Sheet 5.08
except for the purpose Replacing 2nd revised 5.08
of cancelling this tariff
LOCAL EXCHANGE TARIFF -- PENDING
1.2 Rates (continued)
1.2.15 Connections with Data Transmitting and Receiving
Equipment that process Data and/or perform calculations--Information
Terminal Service (3)--continued
B. Regulations -(continued)
1. (Continued)
c. For private line charge on Information Terminal Service extending
outside the same building or beyond the premises, refer to Section 2
of the Private Line Service Tariff. For urban mileage charges for
circuits extending beyond the base rate area, see Section 12 of the
General Exchange Tariff.
C. Charges
1. The following charges apply for Information Terminal
Service:
Monthly Nonrecurring
Rate Charge
(C) Information Terminal See Sheet 2.01 (2)
Service, each termi- preceding (1)
nation (1FA)
2. The minimum contract period for service is one
month.
-----footnotes-----
(1) When associated with a C.O. Centrex, the appropriate on-premises (RJ+NTX or NXA)
or off-premises (RKA+NTXOP) station line rate also applies.
(2) The regulations and appropriate charges for service connections apply as set
forth in the Service Connection Charges section of the General Exchange Tariff. In
addition, a $52.25 Service and Equipment Charge applies for each termination provided.
(3) Information Terminal Service does not apply to residence exchange service
----------------------------------------------------------------------------------
Issued: Mar 11 1992 Effective: Apr 10 1992
By R.D. BARRON, President-Missouri Division
Southwestern Bell Telephone Company
St. Louis, Missouri