Date: Mon, 6 Feb 1995 18:56:14 -0600 (CST)
From: Kevyn Jacobs <kevyn@ksu.edu>
Subject: NEWS-TELEGRAPH : SW BELL URGED TO CUT PHELPS PHONE


FROM THE NEWS TELEGRAPH
JANUARY 27, 1995
REPRINTED WITH PERMISSION
=========================


  TOPEKA-It is Southwestern Bell Telephone Company's civic duty
to pull the plug on Reverend Fred Phelps' telephone, according to
a prominent Topeka businessman. Topekans, as a group, are
suffering from Phelps' notoriety, partly due to his prolific use
of a facsimile, or fax machine, to send his vitriolic--and
usually anti-Gay--attacks.

  Kent Garlinghouse, chairman of M-C Industries Inc., has asked
the Kansas Corporation Commission (KCC) to expand its regulations
to include abusive fax communications about individuals, even
if they are not sent directly to that person.

Southwestern Bell argues that more regulations are not needed,
and claims the matter boils down to a First Amendment issue.
Instead, the phone company wants to use criminal prosecution
through the use of telephone "traps" to build a case against
Phelps. In order to do so, however, those who are targeted by
Phelps must request a trap on their telephone line which traces
the origin of the call. After three offensive calls have been
traced, the information is turned over to police and prosecutors.

 Palmer called Southwestern Bell's plan "absurd," saying Phelps
can send the faxes to anyone except the offended party. The phone
company, like the rest of the community, is afraid of Phelps'
propensity to engage in litigation, Palmer said.

Of fourteen customers who have complained to the phone company
about Phelps' faxes, none have agreed to have traps installed.

Regulators' measures are more effective, Palmer said, because the
fax messages would have to end when the telephone service is
disconnected.

KCC officials are investigating Palmer's complaint and are
researching whether other states offer third-party prosecution.