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