Date: Thu, 19 Dec 1996 11:08:53 -0800 (PST) From: Michael Dillon <michael@memra.com> To: isp-marketing@sparknet.net Subject: Re: New Telco Charges? Message-ID: <Pine.BSI.3.93.961218201053.9863G-100000@sidhe.memra.com> In-Reply-To: <199612181937.NAA25356@mail.gte.net>
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> > You've got it backwards Martin. *YOU* are the one who is propogating the > > ignorance by refusing to tell people publicly why they deserve the > > exemption and how to get it. I have been helping publicize this whole > > affair and I have been pulling together the information that many other > > ISP's have managed to dig up. > > Michael, where can we find this information? The FCC's Common Carrier Bureau would be a good start. A telecommunications lawyer would also be able to help if you know of one. One thing you can be sure of; it will be a total waste of time phoning your phone company until you have collected the facts on precisely how to claim this exemption. Here's what I know so far: Basically, ISP's are classified as Enhanced Service Providers by the FCC under the terms of the FCC's Computer Inquiry III also known as CI III or Computer III. ESP's are exempt from access charges. A few years back the FCC was considering removing this exemption. This was the well-known "modem tax" incident and the "tax" was the access charge that online services did not pay at that time. Some background on the ESP exemption and modem tax is available at http://www.silcom.com/~lars/editorial/telecom.html There is also some discussion here http://itu.rdg.ac.uk/misc/mailing_lists/rre/00000036.htm The FCC regulatory framework is discussed in here http://itp-www.colorado.edu/TSO/Access/S88/Open_Netwrk_mod.html Go to the library and look up 47 CFR Section 69.115(e)(4) and (e)(6) or ask your lawyer about this. As you can tell I still have not gotten a definitive statement from any ISP that they have been able to claim an exemption nor has any ISP told me of filing for the ESP exemption. I am somewhat limited in my ability to research this since I am not in the USA. I am hoping that someone in the USA will track this down further with the FCC based on the info I have been able to dig up so far. Michael Dillon - Internet & ISP Consulting Memra Software Inc. - Fax: +1-604-546-3049 http://www.memra.com - E-mail: michael@memra.com
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