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Subject: TELECOM Digest V23 #332

TELECOM Digest     Thu, 15 Jul 2004 01:53:00 EDT    Volume 23 : Issue 332

Inside This Issue:                             Editor: Patrick A. Townson

    Apple Ships New AirPort Express With AirTunes (Monty Solomon)
    Re: Getting out of Norvergence Contracts (Paul Vader)
    Re: Getting out of Norvergence Contracts (Lisa Hancock)
    Norvergence Question (Billy Wickline)
    Norvergence (Ron Hubbard)
    The Offline Wifi Hotspot Directory is Back (Riverwalk Mobile)
    Long Distance; How to Figure Out Best Current Promotion (Don Saklad)
    Re: Power of the Net in Next Election (ranck@vt.edu)
    Re: DECT - Telephony (Desk)
    Re: Death Penalty Applies to Top Posters? (Matt Ackeret)
    Virtual PBX competitors (John Bartley)
    Re: Tap Into Neighbors' WiFi? Why Not, Some Say (Hammond of Texas)
    Last Thoughts: Why Does it Make a Difference? (Lisa Minter)

All contents here are copyrighted by Patrick Townson and the
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               ===========================

See the bottom of this issue for subscription and archive details
and the name of our lawyer; other stuff of interest.  

----------------------------------------------------------------------

Date: Wed, 14 Jul 2004 09:25:50 -0400
From: Monty Solomon <monty@roscom.com>
Subject: Apple Ships New AirPort Express With AirTunes


Over 80,000 Pre-orders for World's First 802.11g Mobile Base Station

CUPERTINO, Calif., July 14 /PRNewswire-FirstCall/ -- Apple(R) today
announced it has begun shipping AirPort Express(TM), the world's first
802.11g mobile base station that features wireless Internet
connections and USB printing that can be used at home or on the road
to bring wireless freedom to hotel rooms with broadband
connections. AirPort Express also features both analog and digital
audio outputs that can be connected to a home stereo, and together
with AirTunes(TM) music networking software gives users a simple and
inexpensive way to wirelessly stream music from iTunes(R) on their
Mac(R) or PC to any room in the house. Apple has received more than
80,000 pre-orders for AirPort Express, which was introduced last
month.

     - http://finance.lycos.com/home/news/story.asp?story=42487099

------------------------------

From: pv+usenet@pobox.com (Paul Vader)
Subject: Re: Getting out of Norvergence Contracts
Date: Wed, 14 Jul 2004 15:22:39 -0000
Organization: Inline Software Creations


nrackeertu@cliornuwta.mailexpire.com (N. Rakeertu) writes:

> It seems to me that the key here is the relationship between the
> leasing companies and Norvergence.  If the leasing companies knew that

It's not a lease, at least no Norv customer has said it was. *

* PV   something like badgers--something like lizards--and something
       like corkscrews.

------------------------------

From: hancock4@bbs.cpcn.com (Jeff nor Lisa)
Subject: Re: Getting out of Norvergence Contracts
Date: 14 Jul 2004 13:34:19 -0700
Organization: http://groups.google.com


nrackeertu@cliornuwta.mailexpire.com (N. Rakeertu) wrote 

> It seems to me that the key here is the relationship between the
> leasing companies and Norvergence.  If the leasing companies knew that
> Norvergence was wildly inflating the value of the equipment (and it
> seems likely that they did) 

Playing devil's advocate here -- wasn't the customer not only
leasing a physical box, but also a service that was in essence
paid in advance?

Also, was the box and service the collateral for the lease, or
was it the customer's own credit?

I really think the issue hinges on the exit clauses, if any.  What
happens, for example, if a customer goes out of business (or business
is greatly reduced) and no longer needs the service?  Are they still
stuck with the full lease?

I would think a lease would also include performance clauses to
protect the customer.  If you lease a new car and three months into it
the engine blows up, are you still responsible for the terms of the
lease?

> The customers have plenty of defenses against Norvergence

Why would they?  The company went broke.  Companies do that all the
time and anyone who is owed money (customer or creditor) has to get in
line at bankruptcy court and file a claim.

If you were to buy a new machine and the manufacturer goes broke, you
as the customer are stuck if you need warranty repairs -- the
manufacturer is gone and there is no one around to fix it for you.

It is for these reasons that certain critical financial companies are
protected by the government or insurace (including insurance companies
themselves).  Bank despositors are insured by the FDIC.  Pensions are
covered (in the past, if your employer went broke, your pension was
gone).  Sometimes industries cover for each other, such as honoring of
airline tickets.

But everyday business transactions are not so protected.  You often
hear sad tales of people who pay a big deposit and book a wedding hall
only for the hall to go broke, leaving them no place to have their
wedding and out all the money.

It is for all these reasons that people must be careful with whom they
do business with, especially when it involves a lot of money or a
critical service (and telephones are a critical service).

Sometimes even reputable long standing companies go broke.  But
usually such companies do so honorably with at least enough cash so
that employees are paid and prepaid accounts are covered.  When the
Penn Central railroad went broke, employees continued to be paid and
the trains never stopped running.  It was primarily the investors who
got burned (though some suppliers did as well.)

Other troubled companies sell out on their own, selling their
customer assets and obligations to a competitor so the customers
continue to get served.

> I think that at some point in the proceedings the leasing companies
> HAD TO KNOW that Norvergence was selling the customers a pig in a
> poke. 

But was it really doing that?  Maybe the business model just failed.
Maybe the company stole the money.  In either case, the leasing
companies wouldn't know that until too late.
 
> Yet the leasing companies must have known that the true value of the
> equipment was in most cases less than $5,000. Thus I think it might
> be argued that the leasing companies were guilty of attempted
> insurance fraud by requiring greatly excess insurance on equipment
> that they knew (or should have known) wasn't worth anywhere near
> what they leased it for.

That is questionable.  Insurance companies do not pay more than the
actual value (either depreciated or replacement depending on your
policy) regardless of how much you insure it for.  If you buy a beat
up old car for $500 and insure it as worth $100,000, you'll still only
get $500 regardless of what you paid in premiums.  Insurance companies
always warn not to overinsure.

> What needs to happen here, in my view, is that the customers of the
> various leasing companies ... need to band together and file class
> action lawsuits against them.

It depends on the amount of individual losses.  For some, the time,
effort, aggravation, and legal fees wouldn't be worth it.  For others,
it might be a good idea, although there is a burden of proof.  One
must know the general leasing law to define the duties of the leasing
companies as well as obviously the contract with the customer.

In the event that actual fraud (intentional deception) is found, then
the district attorney should be brought in.

------------------------------

Reply-To: <bwickline@aesduediligence.com>
From: Billy Wickline <bwickline@aesduediligence.com>
Subject: Norvergence Question
Date: Wed, 14 Jul 2004 10:02:33 -0700


Hello,

	I run the Accounting Department for a small business in San
Diego. I realize the forum has been flooded with questions on this
issue, but I have not seen this specific situation posted yet, and was
wondering if anyone could offer their input.

We signed the contract for ECD and whatnot on 6/23/04. Due to
vacations and whatnot, the matrix box was not going to be installed
until 7/7/04. Obviously, on the 5th we received a call stating that
all "Unlimited Calling Circuitry was on hold for an indeterminable
amount of time". Obviously, with the bankruptcy I don't feel like
waiting around to figure out how long.

Anyways, the equipment was never delivered, and from what I can tell
they did not begin pulling our long distance carriers. I have advised
the receiving people not to accept any shipments that look like they
could be telephones, or coming from NorVergence. My thought process is
that if we never accept the technology, we cannot rent it per the
terms of the contract. Since we have not received any of the
technology, are we "safer" than most companies already into the term?
Any thoughtful input would be much appreciated. Should I tell the bank
to stop automatic withdrawals from NorVergence? Can they legally
charge me for equipment NEVER received or used? Thanks for your
time ...

Billy Wickline
IT / Accounting Associate
AES Due Diligence, Inc.
4909 Murphy Canyon Rd. Suite 301
San Diego, CA 92123
Phone: 858-569-0211
Fax: 858-569-0275

------------------------------

From: Ron Hubbard <ron@southwesternintegrators.com>
Subject: Norvergence
Date: Wed, 14 Jul 2004 16:21:29 -0500


Patrick,

I saw your thread on-line and I am interested in seeing the article
you spoke of. We are an Agency for SBC and have many customers locked
into the scam that Norvergence was pulling off. We can take care of
their dial tone, LD and wireless but I'm assisting several owners that
are trying to piece together as much on them as possible to get out of
the bank note. If you could forward the link (the one on the thread
timed out) I would appreciate it.
 
And if you have any other information that could help these small
business owners we would appreciate it.
 
Thanks,
 
Ron Hubbard
Southwestern Integrators
CEO

210) 564-0022 Voice
210) 590-4676 Fax
ron@southwesternintegrators.com

------------------------------

From: asnicholasjr@comcast.net (Riverwalk Mobile)
Subject: The Offline Wifi Hotspot Directory is Back
Date: 14 Jul 2004 20:44:45 -0700
Organization: http://groups.google.com


We've updated it and will begin delivering at no charge to registered
subscribers (we don't sell or rent our list!) monthly again.

Thousands of locations throughout North America listed ... able to
access on your PC, laptop, Palm OS or PocketPC device.

www.riverwalkmobile.com

------------------------------

From: Don Saklad <dsaklad@nestle.csail.mit.edu>
Subject: Long Distance; How to Figure Best Current Promotion Offered
Date: 15 Jul 2004 00:06:32 -0400
Organization: MIT Laboratory for Computer Science


For your Cambridge Massachusetts residential wall wired telephone
line, what is the best current promotion offered for a long distance
carrier?

------------------------------

From: ranck@vt.edu
Subject: Re: Power of the Net in Next Election
Date: Wed, 14 Jul 2004 12:56:14 UTC
Organization: Virginia Tech, Blacksburg, Virginia, USA


Nick Landsberg <SPAMhukolauTRAP@spamworldnettrap.att.net> wrote:

> - No. I would not like this forum turned into a political forum (other
> than possibly the politics of stuff such as VOIP)

And, I agree.  I get enough of that in other non-political fora.

> How the various campaigns will use the net will definitely affect the
> outcome.  But isn't that synonymous about how they use the media in
> general to affect the outcome?  I would guess that they think of the
> net as yet another media outlet.

For most practical purposes of a politician the net *is* just
another media outlet.  It's a lot less controlable in some ways,
but with experience the pols will learn to use it for their
own agendas.

> [TELECOM Digest Editor's Note: US Department of Homeland Security
> officials are giving very strong consideration to either *postponing
> or indefinitly cancelling the presidential election in November*

They have no legal standing to do so.  I know they are asking to have
a law passed to enable them, but they would need a Constitutional
amendment to actually be able to do this.  That certainly isn't going
to happen.  I doubt that Congress will even consider the idea in a
serious way.

> Bush has come to the conclusion that al Qaeda terrorists are planning
> a large scale attack 'intended to disrupt the democratic process.'

While I don't think Bush would exactly welcome such an attack close to
the election, I do think something like that would almost guarantee
his re-election.  Al Qaeda don't seem to be the brightest bulbs on the
tree, so they might actually believe that another upset like in Spain
would occur.  They would be wrong to believe that.

Bill Ranck
Blacksburg, Va.

------------------------------

From: desk.exp@skynet.be (Desk)
Subject: Re: DECT - Telephony
Date: 14 Jul 2004 10:27:47 -0700
Organization: http://groups.google.com


desk.exp@skynet.be (Desk) wrote in message
news:<telecom23.307.5@telecom-digest.org>:

> Situation:

> I have a PABX connected to the telephone network. This PABX is sending
> the incoming calls to my DECT's on my desk.

> Problem:

> When somebody calls we most of the time the handsets are ringing, but
> sometimes when I pick up the handset the conversation is disconnected
> immediately when I pick up the phone.

> We changed every component, but the problem is still there.
> What can be the reason for this disconnect? What do I need to
> investigate?

> [TELECOM Digest Editor's Note: I wonder if your two problems described
> above, (1) phone 'rings' but you get no audible signal and (2) pick up
> a phone and the conversation in progress gets disconnected are somehow
> related. Are the two problems both on the same installation? Did you 
> swap out the components after (1), or (2) or both?  PAT]

Indeed the problems are on the same installation. The components are
swapped on both situations.

------------------------------

From: mattack@vax.hanford.org (Matt Ackeret)
Subject: Re: Death Penalty Applies to Top Posters?
Date: Wed, 14 Jul 2004 20:46:10 UTC
Organization: Apple Computer, Inc


In article <telecom23.327.11@telecom-digest.org>, Jack Decker
<anonfwd774@withheld> wrote:

> Pardon me for being clueless, but what the heck is a "top-poster"?  I
> hope I'm not the only one who didn't get that.

> Jack

> [TELECOM Digest Editor's Note: A 'top poster' is someone who reprints
> the entire message (to which he is replying) at the top then prints
> his reply below that rather than putting his reply first and then
> follows up with a few pertinent tidbits of the message being replied
> to. 

You have it backwards.  Top-posting is when someone puts their *reply*
at the top, and quotes the entire message below.  It makes replies
much harder to read, because we read English top-down, and it just
makes more sense to read the edited quotes for context, then the new
content afterwards.

If most people who insist on top-posting would simply _remove_ the
original message, the problem would largely be solved, because most
people who top-post are not directly responding to specific points in
the original message anyway.

top-posting: It's just a bad idea.

------------------------------

From: John Bartley <johnbartley@email.com>
Date: Wed, 14 Jul 2004 07:36:38 -0800
Subject: Virtual PBX Competitors


Who are the major competitors to Virtual PBX, for folks who don't want
to maintain their own phone switch?

Anyone here have experience with the Virtual PBX service?

Thank you kindly.

John Bartley K7AAY

Talk More, Pay Less with Net2Phone Direct(R), up to 1500 minutes free! 
http://www.net2phone.com/cgi-bin/link.cgi?143 

------------------------------

Date: Wed, 14 Jul 2004 08:43:04 -0700
From: Hammond of Texas <spambait@spamcop.net>
Subject: Re: Tap Into Neighbors' WiFi? Why Not, Some Say


William Warren wrote:

> And, since you choose to self-annoint yourself the expert, just which
> network is yours? Please, email me off-list and supply the details of
> your annual budget, the number of IT staff, the number of stations,
> and the number of nodes. (Starbucks and your mother's house don't
> count, sorry).

I'll summarize by saying that my resume includes the titles CIO and
VP, which means that a big part of my job was convincing "real world
businessmen" like you that security was a very real concern and that
they ignored it at their peril. I've heard your mindless rationale
before, ad nauseum. It still defies logic, and bespeaks a dangerous
ignorance and/or a greed unique that of the compulsive gambler.

------------------------------

From: Lisa Minter <lisa_minter2001@yahoo.com>
Subject: Last Thought: Why Does it Matter?
Date: Wed, 14 Jul 2004 22:39:58 -0500


I wanted to share with you one of my favorite stories of the boy on
the beach with starfish. This comes from today's issue of Meridian
Magazine, an online journal for LDS people and their friends.

        A well-known author was vacationing on a beautiful coast. One
morning, very early, he was walking along the beach. In the distance
he saw a lone figure dancing. Fascinated by this celebration of the
dawn, he moved closer.

        It was then he realized that the young man was not dancing,
but was picking objects up from the beach and tossing them out into
the sea with a graceful movement.

        As he approached the young man, he saw that he was throwing
starfish. "Why in the world are you throwing starfish into the water?"
he asked.

        "If the starfish are still on the beach when the tide goes out
and the sun rises higher in the sky, they will die," replied the young
man as he continued tossing them out to sea.

        "That's ridiculous! There are thousands of miles of beach and
millions of starfish. You can't really believe that what you're doing
could possibly make a difference?" the observer countered.

        The young man picked up another starfish, paused thoughtfully,
and remarked as he tossed it out into the waves, "It makes a
difference to this one."


*** FAIR USE NOTICE. This message contains copyrighted material the
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------------------------------

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