The Modem Tax surfaced on a local bboard here in Pittsburgh. An enterprising fellow in our

The Modem Tax surfaced on a local bboard here in Pittsburgh.   An
enterprising fellow in our department (David Eckhardt) followed up with
a definitive rebuttal from the FCC.   Clip-and-save!

(Incidentally, the person who posted the MT business and subsequently
received massive flames followed up with the observation:

  I've received mail since then accusing me of posting an urban legend. Well,
  I checked out the story with a folklorist, and it turns out that it
  *doesn't* qualify as a real urban legend, but merely an incorrect rumor.

So there!)

--Sean ``alt.incorrect.rumor'' Smith

******************************************************************************
                         sean.smith@cs.cmu.edu
                     carnegie mellon computer science

          posting from PITTSBURGH, the center of the AFUniverse!
******************************************************************************

****************************************************************************
                    FEDERAL COMMUNICATIONS COMMISSION
                          Common Carrier Bureau
                           Enforcement Division
            Informal Complaints and Public Inquiries Branch
                                Suite 6202
                         Washington, D.C. 20554
                          Phone: (202) 632-7553


                                                       In Reply Refer To:
January 1990                                                       63203
                                                              ICB-FS-036


              RUMORS REGARDING A COMPUTER MODEM SURCHARGE

The FCC has received letters from a number of computer modem users
expressing concern about an alleged "proposal" before the Federal
Communications Commission (FCC) that would result in a surcharge for
the use of computer modems on the telephone network.

There is _no_ proposal pending before the FCC that would result in the
application of a surcharge for the use of computer modems on the
telephone network.

The FCC has been informed that various computer bulletin board systems
are encouraging computer modem users to write to the FCC and to their
congressional representatives to oppose this alleged proposal.  The FCC's
Common Carrier Bureau (Bureau) staff has contacted several bulletin board
systems and requested those systems to advise their users that there is no
proposal before the FCC at this time regarding a computer modem surcharge.
Bureau staff is continuing to investigate possible sources of the surcharge
rumors and to distribute correct information to computer modem users.

                                 - FCC -
***************************************************************************
Following is another, unrelated, message on the same subject:

Date:   Fri Apr 30 1993  06:58:32
From:   Mike Riddle
To:     Whomever
Subj:   Re: MODEMTAX.ZIP
Attr:
BBSLAW                         -------------------------------

TO: whomever it was that was asking about a file called "modemtax.zip."

It finally showed up on my board, and has to be dismissed as an urban legend.
The brief history:  no tax is, or ever has been, considered.

The brief explanation:  In 1987, Docket 87-215, the FCC proposed to increase
something called the CALC, the Carrier Access Line Charge.  That's something
the carriers pay each month that is roughly equivalent to the "FCC Charge" you
see on your personal phone bill.  The economic effect was disputed, but enough
people were convinced that it would raise customer costs on packet-switched
networks by $6/hour that the public outrage killed it.

In 1989, the FCC proposed something called ONA: Open Network Architecture,
Docket 89-79.  The proposal seemed innocuous, but the Final Rule reimposed the
higher CALC by substituting a complex system of charges for ONA options.  Since
the earlier proposal had not particularly addressed this, and since in fact the
Congress had given rather explicit direction, the industry got off to a late
start and had to petition the FCC for a rehearing on the Final Rule in Docket
89-79.

The public comment period is long over, and no action has been taken to my
knowledge.

In the meantime, well-intended but sometimes inept people have kept circulating
unspecific files like MODEMTAX and the infamous KGO letter.

The "bottom line": without an identifying number and date, such as CC Docket
87-215 (rejected), CC Docket 89-79 (Final Rule Issue, Petition for
Reconsideration Pending), S xxx, HR xxx, etc., you don't have enough
information to make an informed comment.

And the FCC and most congressional offices will quickly discard anything with
the words "modem tax", since they've had their fill of uninformed letters,
calls, etc.

It's kind of like the fable about the sheperd who cried "wolf" once too often.
The next time we need to mobilize, not enough people on either side will
believe us.