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Anon

reply to Anon

Missing the point....

You're missing the point - we're not angry at Phoenix and Megapath because they aren't giving us the bargain of our lives, we're angry because they sold us one thing and are delivering us something else - nothing, in fact. You're probably right about the financial aspects - I don't deny I have my doubts about the business model most of these DSL providers are using. However, Phoenix made the decision to offer DSL at $39 a month to residential costumers AND touted itself as "A new breed of ISP" with excellent support, etc. Now they have failed to live up to that and that is why people are upset.

Oh, and for the record, I don't need support, I just need for the line to work!

yazdzik
Premium,MVM
join:2000-07-26
Honesdale, PA
kudos:1

Dear Friends,
Of course, if a contract is unreasonable, it may be considered void ab initio, and if what people here are saying were true,and that is a big "if," that no company can be expected, rationally, to provide tech support for the technically challenged, for the pittance of thirty-nine dollars a month, one could consider that unreasonable. However, if many, if not most ISPs provide service for thirty-nine to forty-nine dollars per month, it must, as a matter of law, be considered to be a reasonable assumption that it can be so provided. If the ILECs block competition, the dreadful service many of us may receive has another exegesis than fraud in the essence, or fraud in fact. And while the ISP or CLEC, may argue that they cannot meet their promises because of unforeseeable, or uncontrollable circumstances, that makes the contract voidable, on the part of the promisee. If ISP ABC, and CLEC DEF believed that they could survive, and offer service, &c, and discover that their unforeseen costs are far higher that a rational person would have anticipated, the end-user has the right to either enforcement, or redress. If enforcement were impossible, the contract is not, in my opinion, binding.
In short, the factors were far more complex than most could have foreseen, and, I am not sure which view of the law a court might take, but, unless proven otherwise, Megapath is obligated to provide service. Or pay the piper.
All good wishes,
Yazdzik



sadowski
I Am My Own Doppelganger
Premium,MVM
join:2000-04-14
Buffalo, NY

said by yazdzik:
Dear Friends,
Of course, if a contract is unreasonable, it may be considered void ab initio, and if what people here are saying were true,and that is a big "if," that no company can be expected, rationally, to provide tech support for the technically challenged, for the pittance of thirty-nine

Let me tell you about my contacts (or attempts at) with Phoenix:

1) Can you provide DNS for my domain
2) I'd like my 'free webspace'
3) Can't connect to the Cisco rack at the co.

1 - never answered.
2 - never answered.
3 - after 3 hours finally talked to someone. Next day they stopped all telephone communications including voice mail messages. Never answered email sent before and after phone call. Three days later still no service. I called the CLEC who said Phoenix canceled the trouble ticket on my problem. He says by contract he can't tell me more - he laughed and said, "Oh, Phoenix" as he read what they did, and said he sympathised with all of us residential customers. I then FAXed a complaint giving them a time limit and said if it's not fixed or I am not called by x date then the credit issuer will be advised to disallow all further charges from Phoenix. Only then did they call me and did a conference call with the CLEC who immediately found the line was open and arranged for repair. 9 days without service.

Please feel free to tell me where any of my contacts have been unreasonable or inappropriate and how the behaviour of Phoenix can be considered acceptable? 9 days of no service for a problem that took 2 minutes to diagnose. Certainly you agree that that they have an obligation to provide a minimal amount of support staff to handle foreseeable problems, both technical and administrative in nature. And that they must deal with such problems in a timely fashion. I can not imagine anyone arguing that an open line is my problem or responsibility beyond reporting a problem (pr attempting to since they have made damn near impossible) and that they are not obligated to repair such problems as arise through no fault of my own to their equipment whether leased or owned or otherwise under their control. They have, as I said, even prohibited the CLEC from acting on anything I tell them. They have required that all problems be sent in the first instance to them for any action to occur. This is not a legal complexity. They set this up this way. They are obligated to perform or to release us without penalty for their failure to perform.

I appreciate your opinion but I don't want to make this into a general discussion of the responsibilities of a business. This is focused on Phoenix and MegaPath and their current behaviours.Content-Disposition: form-data; name="follow"

on

yazdzik
Premium,MVM
join:2000-07-26
Honesdale, PA
kudos:1

Dear Sadowski,
You are illustrating exactly what I said. I apologise if I was unclear. They must provide what they said they would, unless no reasonable person would expect it. You have the right to enforce your contract. They have lost their right to enforce their early release penalty. Put way too simply, you are right and they are wrong. The question is how to enforce it. I wish I had an answer.
Sincere best wishes,
Martin



sadowski
I Am My Own Doppelganger
Premium,MVM
join:2000-04-14
Buffalo, NY

You weren't unclear, it's just that this discussion of the responsibility of Phoenix/MegaPath has been diminished by what I consider untrue statements about abuses and competencies of the residential user. I want simply to be very clear to others reading these posts that Phoenix/MegaPath business practices are the sole issue here. These practices are ack. in part by Phoenix/MegaPAth themselves. The introduction by another person here of the so-called incompotent and illiterate residential user is unfounded and distracting.


veloctTX

join:2000-04-01
Webster, TX

I happen to agree with Mr. Sadowski. I am a residential customer with 2 IDSL lines from Phoenix. I don't require any type of support and the only reason I have ever called Phoenix is when the line is not working. The assumption that every residential customer is some sort of gubber that can differentiate their hear from their butt is not true at all. I do computer tech support on-site and I'll tell you I've meet more ignorant folks at workplaces than I do at homes. The difference is that the business folks got to have it working and will pay whatever it takes to get things working.



sadowski
I Am My Own Doppelganger
Premium,MVM
join:2000-04-14
Buffalo, NY

Maybe for those posters who are trying to glorify the business user and denigrate the residential user, we should give them a dose of reality by referring them to the
Shark Tank at ComputerWorld.


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