SAMPLE LETTER FOR CPUC MEETING ON INTERNET CHARGES

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Dan Drasin contributes this sample letter to send to legislators regarding the proposed charges for Internet access...Jean

May 30, 1999

Governor Gray Davis State of California Fax (916) 445-4633

Senator Debra Bowen Chair, Senate Energy, Utilities and Communications Committee

Assemblymember Roderick Wright Chair, the Assembly Utilities and Commerce Committee

Dear Gov. Davis, Senator Brown and Assemblymember Wright,

I understand that on June 3, 1999, the Calfornia Public Utilities Commission may vote to impose long distance charges for internet access, as a consequence of local toll-call deregulation and competition. (Re: http://www.cpuc.ca.gov).

Please be advised that such charges could have a severe and irreparable impact on electronic commerce and could be particularly devastating to the economy of Silicon Valley and the Bay Area. It would also stifle competition among Internet Service Providers and drive many smaller providers out of business. Should California's precedent justify similar actions in other states, the negative impact upon the economy, to say nothing of education and the freedoms of speech and association, would soon be felt nationally, if not globally.

Please note that the imposition of long-distance charges for internet access would constitute a form of double billing, since the "long distance" portion of every internet call is *already* billed by the telephone and telecommunications companies to the ISPs, who then pass their costs on to the individual subscriber.

In summary, imposing long-distance charges for local internet access calls would be shortsighted, economically counterproductive, socially irresponsible, and politically unpopular in the extreme. Surely the fact that such a critical issue has come as far as CPUC vote with no public awareness, scrutiny or debate will raise many questions.

Therefore I urge you to bring every possible remedy to bear in the event of a "yes" vote on June 3.

Thank you very much.

Sincerely,

(Full Name) (Full Mailing Address)

-- Jean Wasp (jean@sonic.net), June 01, 1999

Answers

I forward this additional material from Dan Drasin

It is everything you would ever want to know about the CPUC meeting....and ways to take action...Jean Wasp

Folks... I just checked the CPUC website (http://www.cpuc.ca.gov) and have found that his is *NOT* a hoax. California may act to impose long distance charges for internet access as of June 3. This could easily set a precedent in other states. Please act fast to help nip this one in the bud.

Please see a suggested sample letter in the following email.

Thank you

=Dan Drasin= =====================================

Subj: *** PLEASE EMAIL THIS TO YOUR ISP IMMEDIATELY *** Date: Sun, May 30, 1999 5:58 AM PDT From: johnnyk@primenet.com X-From: johnnyk@primenet.com (Johnny King) To: johnnyk@primenet.com

PLEASE EMAIL THIS TO YOUR CALIFORNIA INTERNET SERVICE PROVIDER IMMEDIATELY

*** ATTENTION CALIFORNIA INTERNET SERVICE PROVIDER !! *** [see See http://www.cpuc.ca.gov/]

ON JUNE 3 THE CALIFORNIA PUBLIC UTILITIES COMMISION IS LIKELY TO VOTE TOMAKE ALL TELEPHONE CALLS TO ISP'S IN CALIFORNIA LONG DISTANCE CALLS.

THE FIVE-MEMBER CALIFORNIA PUBLIC UTILITIES COMMISSION HAS TWO SEATS VACANT, AND NOT YET ASSIGNED BY THE GOVERNOR, AND ONLY THREE MEMBERS.

TWO OF THE PRESENT THREE MEMBERS OF THE CALIFORNIA PUBLIC UTILITIES COMMISSION HAVE PREVIOUSLY VOTED TO MAKE ALL TELEPHONE CALLS TO ISP'S INCALIFORNIA LONG DISTANCE CALLS.

UNLESS THERE IS IMMEDIATE MASSIVE PUBLIC RESPONSE, IT IS LIKELY THE CALIFORNIA PUBLIC UTILITIES COMMISSION WILL VOTE JUNE 3 TO MAKE ALL CALLS TO ISP'S IN CALIFORNIA LONG DISTANCE CALLS.

THIS IS NOT AN URBAN LEGEND THIS IS NOT A TEST THIS IS THE REAL THING [see See http://www.cpuc.ca.gov/]

*** JUNE 3 ***

******* THE VOICES OF INTERNET SERVICE PROVIDERS IN CALIFORNIA **** ***

NEED TO BE HEARD

* NOW! *

PLEASE FORWARD THIS MESSAGE APPROPRIATELY

********* INTERNET SERVICE PROVIDERS IN CALIFORNIA **********

NEED TO ALERT ALL USERS TO MAKE THEIR VOICES HEARD IMMEDIATELY

>If the net community really wants to get results, ISPs need to set up a fax server that goes directly into the Governor's office, then broadcast an action alert as widely as possible to email lists and newsgroups. ISPs themselves can email their own customers about the issue and point them to the web site where the fax service is located. There isn't any better way to reach people, and it's a legitimate issue for ISPs to contact their customers about.

THIS IS NOT AN URBAN LEGEND THIS IS NOT A TEST THIS IS THE REAL THING

====================================================================== ====

SUMMARY OF IMMEDIATE ACTION NEEDED EXCERPTED FROM FOLLOWING ARTICLE

write: Governor Gray Davis State Capitol Building Sacramento, CA 95814 Phone (916) 445-2841 Fax (916) 445-4633

Email: Senator Debra Bowen Chair, the Senate Energy, Utilities and Communications Committee

Assemblymember Roderick Wright < assemblymember.wright@assembly.ca.gov> Chair, the Assembly Utilities and Commerce Committee

or see:

http://WWW.sen.ca.gov/bowen/

and:

http://democrats.assembly.ca.gov/

====================================================================== ========

SUMMARY

[Jim Warren QUOTING "a VERY experienced and VERY *effective* long-time insider"]

>Contacting the California PUC is basically a waste of time. Historically, pressure from the public just delays their decisions for a while. > >People need to get their concerns to Gov. Davis rather than the PUC because Davis has two vacancies to fill on the PUC. If Davis gets enough pressure, he will be inclined to pressure the PUC to put off its decision until he fills the vacant seats, and if he's feeling heat on the issue his appointees will, also. Davis could even formally ask the PUC to delay a decision until he fills the vacant seats.

[Although the previous governor had an email address, our new governor's homepage begins with his bio and photos, but lists no email address on http://www.ca.gov/s/governor/ . All it says about contacting him is to write: Governor Gray Davis State Capitol Building Sacramento, CA 95814 Phone (916) 445-2841 Fax (916) 445-4633 --jim]

>The other key pressure points are the chairs of the Senate and Assembly committees with oversight responsibility for the PUC. Your old friend Debra Bowen chairs the Senate Energy, Utilities and Communications Committee, and Roderick Wright chairs the Assembly Utilities and Commerce Committee. > >I don't know anything about Wright, but Bowen is a strong legislator. These folks can literally order the PUC to appear before their committees. If Gov. Davis is feeling pressure, you can bet he's going to put some pressure on his Democratic committee chairs to look into it.

[Email to Senator.Bowen@sen.ca.gov and Assemblymember.Wright@assembly.ca.gov, or see http://WWW.sen.ca.gov/ bowen/ and http://democrats.assembly.ca.gov/ . --jim]

>Beyond sending faxes to Gov. Davis, ISPs should try to organize a press conference in Sacramento, (not SF), to complain about how the PUC is considering action that would put barriers up to expanding the use oftechnology. Given how important the tech industry is to Calif., this could become a political embarrassment. Especially if the ISPs could recruit support from other elements of the tech industry. (If the cost of Internet service is prohibitive, people might be less inclined to buy computers.)

END OF SUMMARY

================================== X-Sender: johnnyk@pop.primenet.com Mime-Version: 1.0 Date: Sun, 30 May 1999 05:03:06 -0700 From: johnnyk@primenet.com (Johnny King) Subject: *** URGENT IMMEDIATE ACTION PLEASE ***

This is *not* an urban legend. The California Public Utilities Commission is truly about to make *all* calls to internet service providers long_distance_!!

This will drastically increase the cost of internet access for *all* users, including YOU, and many ISP's will simply go out of business. IF YOU ARE IN A RURAL AREA, YOU MAY NO LONGER HAVE *ANY* internet access if this passes!

Please read carefully, and contact those listed below immediately (before JUNE 3)

-Johnny 29.5.99 12:45 PDT

The following is compiled of 2 separate posts authored by Jim Warren ====================================================================== === 1st post

Date: Fri, 28 May 1999 16:14:51 -0700 Reply-To: Jim Warren Sender: State and Local Freedom of Information Issues From: Jim Warren Subject: details on Cal PUC plan to make *all* calls to ISPs "long distance" X-To: CAL-FOI@rosebud.berkeley.edu, Public-Access Computer Systems Forum X-cc: "Tom Newton, Gen.Counsel, CNPA" To: FOI-L@LISTSERV.SYR.EDU

This is NOT an "urban legend"! And the cartel of telco local monopolies (RBOCs, regional Bell operating companies) are pushing this in almost all states; not just before California's Public Utilities Commission.

--jim, Jim Warren, jwarren@well.com, GovAccess list-owner/[im]moderator/janitor 345 Swett Rd, Woodside CA 94062; 650-851-7075; fax-for-the-quaint/650- 851-2814 -

>> > http://www.saber.net/sabernet/cpucdocs.html

CPUC ruling on Local vs. Long Distance access in California CPUC Issues on Local vs. Long Distance Internet Access in California

This information was updated 5/27/99 at 4:30pm

The consideration of matters scheduled for May 27 has been postponed at the request of the Commissioners of the CPUC.

The matter involving Pac West and Pacific Bell will be considered on June 3. The decision to rehear will be considered on June 10.

The California PUC (Public Utilities Commission) is considering a ruling that would affect California customers' access to the Internet. Basically, as part of an arbitration proceeding between Pacific Bell and Pac-West Telecomm, Pacific Bell has asked the PUC to rule that calls to the Internet are long distance calls instead of local calls! This web page documents information concerning this issue, and gives information on contacting public officials to express your opinions.

Summary:

In October, 1998, the California PUC ruled that calls to Internet Service Providers (ISP's) should be considered local, rather than long distance. Two commissioners dissented and 3 concurred. Pacific Bell appealed the ruling to an arbitrator, who concurred with the original ruling. Pacific Bell now has appealed the arbitrator's decision back to the PUC. The PUC will rule on this appeal on May 27, 1999. The PUC now has three commissioners, and commissioners Neeper and Duque dissented from the October decision, arguing that ISP access should be considered long distance.

On one agenda for the May 27th meeting are two possible responses to the arbitrator's decision (Items 5 and 5a under "Orders"). Under another agenda, the request to rehear the previous decisions is covered under item EX-4 under "Orders". Please see the links near the bottom of this page for the text of these two agendas.

The PUC could:

Uphold the arbitrator's decision, thus maintaining the status quo. This is item 5 on the 5/27/99 agenda, and this is the item that the ISP's would like to see passed.

Modify the arbitrator's decision by removing "reciprocal compensation" from it. This modification would stop payments by Pacific Bell to PacWest Telecomm, thus forcing PacWest to increase its charges to the ISP's which are PacWest's customers. These increased costs would be passed on to ISP customers in the form of rate increases. This is item 5a on the PUC agenda. The ISP'S recommend NOT passing item 5a.

Contact Information

[Note from Johnny King : further reading below this says the PUC is *not* the most important contact, but the Governor, and certain members of the Legislature. Please read on.]

Please do NOT send e-mail to the Commission. It is recommended that persons interested in contacting the PUC concerning this issue write "snail-mail" letters to: California Public Utilities Commission Telecommunications Division, Issue 98-11-024 505 Van Ness Ave. San Francisco, CA 94102 Or you may FAX your letter to: (415) 703-1158 or (415) 703-1910

Your letter should include: Your Name Your Address Your Phone Number Reference to issue 98-11-024 Your Comments Your Signature

Since the commission now contains only three commissioners (out of five seats), it would be a good idea to also write to the governor: Governor Gray Davis State Capitol, 1st Floor Sacramento, CA 95814 (916) 445-2841 (Voice) (916) 445-4633 (FAX) (No E-mail address given) And you may wish to contact your California representatives: http://www.ca.gov/s/govt/legisca.html

An analysis of the situation is as follows:

Pacific Bell was required by the PUC to allow competing companies to offer local telephone service in the state of California.

Pacific Bell implemented "reciprocal compensation". This meant that if a customer of a competing local telephone company made a call which terminated in Pacific Bell, the competing company would pay Pacific Bell a nominal fee for completing the call. Likewise, if a Pacific Bell customer made a call which terminated to a competing company's customer, Pacific Bell would pay the competing company a nominal fee for completing the call. This normally would favor Pacific Bell, since more calls would go toward Pacific Bell, since it has the most customers. PacWest Telecomm registered as a local telephone company, and began providing local telephone services. PacWest targeted ISP's, and provided attractive competitive rates to the ISP companies. Thus, many ISP's began using PacWest's services, and their customers, who were Pacific Bell customers, began placing calls from Pacific Bell telephones to the ISP's which were on PacWest. Therefore, Pacific Bell began having to pay PacWest Telecomm to complete these calls.

Pacific Bell, wishing to preserve the original model of reciprocal compensation, asked the PUC to re-classify calls to ISP's as long distance. That way, such calls would result in PacWest paying Pacific Bell MUCH more than Pacific Bell is now required to pay PacWest (since long distance access charges are much higher than reciprocal compensation).

The PUC ruled against Pacific Bell's request in October, 1998. Pacific Bell then appealed, and the arbitrator ruled against Pacific Bell in April, 1999. Pacific Bell is now appealing the arbitrator's ruling back to the PUC at a time when the original rulings might be overturned. The PUC agenda at this point lists two possible rulings. The first, item 5, would preserve the status quo. The second, item 5a, would most likely result in increased rates to Internet users throughout California. On May 27th, the commissioners will adopt one of these agenda items. The California ISP's and their customers need to let their voices be heard before May 27th, 1999, or Internet access in the state of California may be drastically altered! Rates will rise for customers and many rural areas may lose local Internet access altogether!

----------------------------------------------------------------------

SaberNet's position in this matter is as follows:

The Commission should not modify its October decision or the arbitrator's decision without obtaining input from the ISP's and their customers.

The Commission should wait until five commissioners are seated before considering this issue, especially if the commissioners favor item 5a.

----------------------------------------------------------------------

The following links give background information on the issue: Agenda for 5/27/99 meeting.See Items 5 and 5a under the "Orders" section. Item 5, if approved, would keep the status quo. Item 5a, if approved, would raise the base rates being charged to ISP's by companies like Pac-West Telecomm, since those companies would stop receiving reciprocal compensation from Pacific Bell, and would have to raise their rates to compensate. Fortunately, no item is proposed to overturn the arbitrated agreement.

Another agenda for the May 27th meeting - see item EX-4 under "Orders".

Links: PUC's write-up on the original ruling on 10/5/98 Commissioner Knight's memo concurring with the decision (Note: Commissioner Knight is no longer with the PUC) Commissioner Duque's dissent memo Commissioner Neeper's dissent memo

This page was last updated 5/21/99 at 1pm

====================================================================== === This message is compiled of 2 separate posts authored by Jim Warren ====================================================================== === 2nd post

Date: Fri, 28 May 1999 19:55:07 -0700 Reply-To: Jim Warren Sender: State and Local Freedom of Information Issues From: Jim Warren Subject: Fighting the PUC -- re hearing to make *all* ISP calls "long dist" X-To: CAL-FOI@rosebud.berkeley.edu, Public-Access Computer Systems Forum X-cc: "Tom Newton, Gen.Coun., CNPA" , Senator.Bowen@sen.ca.gov, Assemblymember.Wright@assembly.ca.gov To: FOI-L@LISTSERV.SYR.EDU

More regarding the local telcos' plan to make all [local] phone calls to ISP numbers into "long distance" calls, and thus, billable. [BCC'ed to others; please pass it along. The CalPUC hearing on this is now set for JUNE 3rd!]

The following is from a close friend who is VERY knowledgable about how the Calif PUC works, and how to be effective in dealing with them. I trust this advice *completely*!

(Also, I know that the California Newspaper Publishers' Association chief counsel [lobbyist] has shown some interest in this -- since it is a potential disaster for every newspaper, and every other California business, that is now developing an online presence to reach consumers.)

--jim, Jim Warren, jwarren@well.com, GovAccess list-owner/[im]moderator/janitor 345 Swett Rd, Woodside CA 94062; 650-851-7075; fax-for-the-quaint/650- 851-2814

=== from a VERY experienced and VERY *effective* long-time insider ===

>If the net community really wants to get results, ISPs need to set up a fax server that goes directly into the Governor's office, then broadcast an action alert as widely as possible to email lists and newsgroups. ISPs themselves can email their own customers about the issue and point them to the web site where the fax service is located. There isn't any better way to reach people, and it's a legitimate issue for ISPs to contact their customers about. > >Contacting the California PUC is basically a waste of time. Historically, pressure from the public just delays their decisions for a while. > >People need to get their concerns to Gov. Davis rather than the PUC because Davis has two vacancies to fill on the PUC. If Davis gets enough pressure, he will be inclined to pressure the PUC to put off its decision until he fills the vacant seats, and if he's feeling heat on the issue his appointees will, also. Davis could even formally ask the PUC to delay a decision until he fills the vacant seats.

[Although the previous governor had an email address, our new governor's homepage begins with his bio and photos, but lists no email address on http://www.ca.gov/s/governor/ . All it says about contacting him is to write: Governor Gray Davis State Capitol Building Sacramento, CA 95814 Phone (916) 445-2841 Fax (916) 445-4633 --jim]

>The other key pressure points are the chairs of the Senate and Assembly >committees with oversight responsibility for the PUC. Your old friend >Debra Bowen chairs the Senate Energy, Utilities and Communications >Committee, and Roderick Wright chairs the Assembly Utilities and Commerce >Committee. > >I don't know anything about Wright, but Bowen is a strong legislator. These folks can literally order the PUC to appear before their committees. If Gov. Davis is feeling pressure, you can bet he's going to put some pressure on his Democratic committee chairs to look into it.

[Email to Senator.Bowen@sen.ca.gov and Assemblymember.Wright@assembly.ca.gov, or see http://WWW.sen.ca.gov/ bowen/ and http://democrats.assembly.ca.gov/ . --jim]

>Beyond sending faxes to Gov. Davis, ISPs should try to organize a press conference in Sacramento, (not SF), to complain about how the PUC is considering action that would put barriers up to expanding the use of technology. Given how important the tech industry is to Calif., this could become a political embarrassment. Especially if the ISPs could recruit support from other elements of the tech industry. (If the cost of Internet service is prohibitive, people might be less inclined to buy computers.) > >Anyway, that's two-cents' worth of advice from some who has been there.

====================================================================== ===== END OF 2 separate posts authored by Jim Warren

END OF

message from Johnny King

PLEASE FORWARD TO YOUR CALIFORNIA ISP IMMEDIATELY

====================================================================== =====

-- Jean Wasp (jean@sonic.net), June 02, 1999.


Why are you perpetuating this myth about internet charges? Notice of this has been passed around for several years now. There are several web sites that describe urban myths and hoaxes, and this is one of the rumors that continue to be spread.

-- Michael Marangio (shagtime@aol.com), June 01, 1999.

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