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threecheese

join:2006-12-23
Babylon, NY

Obtaining an alternate ISP in a CLEC office building?

I have a client renting office space in a building that provides internet service as part of the package; the connection has turned out to be unsatisfactory (T1 shared between several dozens of offices!). The owners state that we are not permitted to provision our own internet through a third-party, with no further explanation. Research showed that they are a registered CLEC (Competitive local exchange carrier), does this mean that they have a legal right to deny us transit through their network, or might this mean that it couldn't be done even if we wanted to (i.e.l would require some sort of peering agreement)?

Thanks!



TeleServPro
Premium
join:2009-08-24

Is there a contract your client signed as part of the building lease that states this? Anything at all in writing? Usually CLECs are not also in the business of real estate.


threecheese

join:2006-12-23
Babylon, NY

I am not sure about the rental agreement; they are lawyers, I'm surprised they haven't mentioned this to me.
The site's web page (»huntington-atrium.com/services/) says:
Huntington Atrium Communications is an established CLEC (Competitive Local Exchange Carrier), authorized by Federal law and government regulation, with published tariffs listed with the FCC (Federal Communications Commission) and the NYSPSC (New York State Public Service Commission).

Thanks for your input. Do you know if the CLEC status complicates matters?



TeleServPro
Premium
join:2009-08-24

I would just have your client try and relocate if the owners won't beef up the Internet or allow them to use their own ISP. These days sufficient Internet access is a necessity. How many T1s are being shared among that entire building?



PhoenixDown
FIOS is Awesome
Premium
join:2003-06-08
Fresh Meadows, NY
kudos:1
Reviews:
·Verizon FiOS
reply to threecheese

I'm not fully versed on the matter - and I'm certainly not a lawyer - but

A) the building owner can deny a carrier power and space for the telecom equipment and/or deny them the user of the buildings riser cables -if- the risers are owned by the landlord and not the local telephone company.

B) I think the Local phone company has the right to provide service, at least up until the point of entry in the building. This would also apply to any carrier using the local phone company for the last mile of access.

As I said - I am not 100% familiar but search for tariff and building access in google to see of you come up with anything.
--
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solveforce
solveforce
Premium
join:2007-03-08
Yorba Linda, CA
Reviews:
·AT&T U-Verse
reply to threecheese

You may want to take a look at this attorney, his name is Ben Bronston, that is if you are still trying to figure this out »www.telecomlawyer.net

He is well known in the industry and may be able to answer some of your questions.
--
»www.solveforce.com has the Telecom Bits



Anon2w84

@comcast.net

If the landlord is providing the telecom services and are the only authorized provider of these services, and the services are inadequate, then maybe your client needs to consider documenting all the problems and demanding the landlord correct them (which they won't), and then moving and suing for breach of lease. Not a lawyer (but they are - ha!)

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