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