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Maryland orders investigation into BA ISDN costs



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INFO-POLICY-NOTES - Subscriptions from listproc@essential.org
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ISDN PRICING IN MARYLAND
July 3, 1996

-       New lower ISDN tariffs now in effect in MD

-       MD PSC orders expedited investigations to Bell Atlantic 
        ISDN costs, and is expected to further lower rates.

        James Love, Director, CPT

July 3, 1996

Today the MD Public Service Commission (PSC) overruled its 
Bell Atlantic friendly staff, and ordered an expedited 
investigation into Bell Atlantic's costs of providing ISDN 
service.  CPT and others asked the Maryland PSC for such an 
investigation last fall, but the order for the investigation 
didn't come until today, when the Commission met to consider 
the Bell Atlantic (BA) new ISDN rate proposal.

The MD PSC staff was represented by Ann Dean (voice: 410-
333-6086), who tried to make the Bell Atlantic tariffs seem 
as good as she could by comparing BA's highest in the 
country flat rate offering of $249 per month to the cost of 
nailed up lines (24 hrs x 7 days per week) in states with 
per-minute only tariffs, such as Nynex and some US West 
states, like Minnesota.  Ann neglected to tell the 
commission that in all states with a flat rate tariff, BA 
was the most expensive, or that in many other US West states 
the flat rate offererings are a fraction of the BA proposal 
($40.86 was recently ordered in New Mexico, but is under 
appeal, the Washington State flat rate is still $63 per 
month).  Nor did Ms Dean voluntarily mention the fact that 
four Ameritech states have flat rates (tariffs with no per-
minute charges) in the $28 to $35 per month range.  When 
pressed on this point, Ms Dean singled out and then tried to 
dismiss the Illinois tariff, by noting the surcharge for 
calls beyond an 8 mile calling area.  She needed to be 
pushed by the Commission to explain that a 128 Kpbs (2B) 
ISDN connection would count double under the "call pack" 
usage options, meaning that the 20 hour option, for example, 
would only provide 10 hours of usage at 2B.  Ms Dean said 
that most users would only need 60 hours of B channel use 
(30 at 2b)

Ms Dean's recommended tariffs were slightly lower than BA's 
and the Commission ordered them put into effect as of July 
3, 1996,  but following a spirited public hearing, which 
featured a great deal of opposition to the BA filing by MD 
Internet service providers, individual consumers, ISDN 
experts, the Maryland Office of People's Counsel, and CPT, 
the Commission ordered an investigation into BA ISDN costs, 
on an expedited basis, which will likely lead to significant 
reductions in the tariffs.  Here were the Ann Dean proposed 
tariffs, which are now in effect in Maryland:

Basic Usage rates:  
Peak (7 am to 7 pm)  - 2 cents per minute per channel
Off-Peak (7 pm to 7 am) 1 cent per minute per channel
 

Call Pack Options  (Pre-Paid Usage Options)

Hours of single B channel
before per minute charges 
apply (cut in half for 2B)            Price

0                                     $25
20                                    $28
60                                    $35
140                                   $48
300                                   $74
500                                   $106
unlimited                             $236


Commentary

Bell Atlantic's new tariff filings were far lower than its 
existing tariffs, which were priced by the 2 to 1 cent per 
minute.  Because of the high price (most users reportedly 
spent about $100 per month) for the old tariffs, BA had only 
sold about 450 residential ISDN lines, in a state which huge 
potential demand.  No one wanted to keep the old tariffs, so 
it was never a question of keeping the old rates.

The Md Office of People's Counsel (OPC) had asked for full 
Commission evidentiary hearings on BA's costs.  Ann Dean, a 
regulatory economist for the MD PSC Telecommunications 
division,  to me that she opposed such hearings, because she 
had already studied the BA cost study (which has never been 
available to the public, even under non-disclosure rules), 
and was prepared to offer her recommendation (see above).

As a practical matter, most Commissions follow staff 
recommendations very closely, largely because the 
Commission's don't want to develop alternative proposals on 
their own, so it was a major disappointment when Ms Dean 
appeared out of here depth on the price comparisons (for 
example, comparing BA's flat rate prices with nailed up 
costs for states without flat rates, and total ignoring the 
much lower ISDN voice/Centrex tariffs used even by the PSC 
staff itself), and poorly informed on important demand and 
usage issues (Did not factor in the double counting for 2B 
connections, did not appreciate the types of new 
applications that consumers are focusing on).  At the very 
least, however, her recommendations seem to make two 
feasible packages much more attractive to some consumers 
(the 60 hour option is now $35, and the 140 hour option is 
now $48.)

More significant, however, the Commission overruled Dean, 
and ordered a full scale PSC investigation into the Bell 
Atlantic ISDN tariffs, on an expedited basis.  In this new 
proceeding, consumers may intervene, and present alternative 
cost evidence.  CPT plans to file a motion to intervene in 
the proceeding later this month.  The MD OPC is also expected
to intervene. One would hope that MD technology firms would
be represented in this proceeding as well.


  james love (202-387-8030; love@tap.org)
  Consumer Project on Technology

  updates will be posted to:

      http://www.essential.org/cpt/isdn/bellnews.html

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James Love / love@tap.org / P.O. Box 19367, Washington, DC 20036
Voice: 202/387-8030; Fax 202/234-5176
Center for Study of Responsive Law
   Consumer Project on Technology; http://www.essential.org/cpt
   Taxpayer Assets Project; http://www.tap.org
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