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Joined: Dec 2004
Posts: 40
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Joined: Dec 2004
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OK, here is my situation. Two years ago we upgraded our phone system and had an integrated (voice & data) T1 installed. Signed a 3 year contract with a 3rd party that has to contract with Verizon for last mile.
In the last 2 years we have had at least 4 times where the circuit has been down for more than 24 hours and 2 of those times the circuit was down for four or more days while Verizon tried to find good pairs. This T1 comes in over really old cable and every time we have bad weather the circuit drops in and out. They have not been able to fix it.
Now we are able to get fiber directly into our building from another provider.
I want to cancel the contract on the T1 even though I have a year left. Do you guys know of a reference to a regulation about expected service levels that would help me in cancelling this contract without paying a penalty.
I don't think they are going to give me a hard time, but just in case.
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Joined: Jan 2007
Posts: 202
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See if there is an SLA in your contract. Most providers have Service Level Agreements, and failure to meet them may be a way out.
Be prepared to argue/fight with them.
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Joined: Dec 2005
Posts: 818
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Depends. I have seen some customers in similar instances where the CLEC did absolutely nothing when they canceled...and I have seen others where the CLEC fights to the end and the customer ends up paying their Min. Monthly Commitment for the term. It also seems to depend on the amount that you are paying per month. If you are on the lower end it seems to be easier to get out.
Remember, unfortunately it is not the CLEC's issue (well it is, but in the end it is Verizon) so they are not the "bad" guys here. Be nice, point out your issues and see where it goes. It would help if you have documentation from the previous instances where you contacted their service department, the time it took to restore service, etc.
Steve
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Joined: Mar 2002
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Most SLA's do not cover the local loop because of cases like this.
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Joined: Dec 2004
Posts: 40
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Joined: Dec 2004
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I understand that this is really not the CLEC's issue because they do not maintain the plant, but they contract with Verizon for it. I can't call Verizon directly, I have to call the CLEC when things go down, then they call Verizon, and it usually takes 8 hours before Verizon sends someone out, and as soon as they look at it they say oh this is cable and leave. Another 8 hours before cable comes out and then the circuit is down for hours or days while they hunt for pairs on cable the is deteriorating. Even the Verizon tech who was here last from Cable said because of our location, this is not going to be fixed, we are in a residential location and the cable is of good enough quality for regular service.
But, I would think, since they are not able to provide a stable circuit for which I am paying, that I should be able to terminate the contract.
There really is not anything that I can find in the Master Agreement about Service, specifically.
Oh well, will have to wait and see how they react to my termination letter.
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Joined: Feb 2009
Posts: 664
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VZ can fix the issue; they are just not interested in doing so. I used to see these types of issues prior to Fairpoint buying out VZ in our area (and still see these types of issues to some extent). It might be worth while if the CLEC has a hissy fit about canceling the contract early, to call a lawyer and look over the paperwork. There might be a loophole or some vague wording that will let you out of the contract. I hate "legaleeze" and sneaky tactics like that, but sometimes you don't have a choice.
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Joined: Dec 2005
Posts: 9,181 Likes: 9
Spam Hunter
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Spam Hunter
Joined: Dec 2005
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Verizon wants to do away with much copper as possible and migrate traffic onto fiber. The company won't replace the copper unless they're forced to do so.
Having said that, even in cities/towns where FiOS is available, Verzion will often skip over areas they deem unprofitable.
Even cable companies will pick & choose where they install their conduit.
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