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Subject: TELECOM Digest V23 #333

TELECOM Digest     Thu, 15 Jul 2004 13:49:00 EDT    Volume 23 : Issue 333

Inside This Issue:                             Editor: Patrick A. Townson

    Newark Star-Ledger: Norvergence Service Could End Today (Isaiah Beard)
    Re: Getting out of Norvergence Contracts (Isaiah Beard)
    Re: Norvergence Question (Lisa Hancock)
    Re: Norvergence Question (William Van Hefner)
    Re: Long Distance; How to Figure Best Current Promotion (Joseph)
    Re: Long Distance; How to Figure Best Current Promotion (Lisa Hancock)
    How to Untangle a Curly Telephone Receiver Cord (Don Saklad)
    Re: Power of the Net in Next Election (Wesrock@aol.com)
    Re: Power of the Net in Next Election (Charles Cryderman)
    Re: Tap Into Neighbors' WiFi? Why Not, Some Say (Scott Dorsey)
    Frequency and Timeslot (Karthik)
    Diploma in Embedded Systems (Sagar Singh)
    Powell: FCC Forging Ahead on VOIP Rules (VOIP News)

All contents here are copyrighted by Patrick Townson and the
individual writers/correspondents. Articles may be used in other
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               ===========================

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We must fight spam for the same reason we fight crime: not because we
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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.  

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

From: Isaiah Beard <sacredpoet@sacredpoet.com>
Subject: Newark Star-Ledger: Norvergence Service Could End Today
Date: Thu, 15 Jul 2004 11:14:55 -0400


BY HENRY C. JACKSON
Star-Ledger Staff

Customers of NorVergence could be without telephone and Internet
services as early as 5 p.m. today after the company filed for Chapter
7 bankruptcy, which entails liquidation of the company.

The Newark-based company, which resold telecommunications services,
had been given until yesterday to show it had a plan in place to
address mounting debts, including more than $15 million owed to
Denver-based Qwest. NorVergence couldn't offer a plan for payment and
instead appealed to Judge Rosemary Gambardella of U.S. Bankruptcy
Court in Newark for more time to restructure.

Remainder of article can be found at: 
http://www.nj.com/business/ledger/index.ssf?/base/business-0/1089878219230891.xml 

e-mail address fudged to thwart spammers.
Transpose the c's and a's in my address in order to reply.

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

From: Isaiah Beard <sacredpoet@sacredpoet.com>
Subject: Re: Getting out of Norvergence Contracts
Date: Thu, 15 Jul 2004 11:10:09 -0400
Organization: Posted via Forte APN, http://www.forteinc.com/apn/index.php


Lisa Hancock wrote:

> 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?

Unless someone posts the actual language of one of those contracts or
reads to us from one, no one can really say.  But the impression I got
from the breakdown of charges from people in the past was the the box
alone was leased, and service charges accrued monthly in addition to
the leased box.

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

In many cases, it's both.  Much like when a car gets repossessed, if
the value of the equipment has depreciated such that the resale value
doesn't cover the balance of the lease or loan, you're on the hook for
the remaining balance.

Considering that the leases were made out for equipment that had a
value WAAAAY below the amount of the lease from the outset, the lessee
has a lot to be on the hook for.

> 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?

Again, we won't know unless someone is willing to divulge the details
of one of these contracts.

> 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?

Well, auto leases tend to be backed by the manufacturer's warranty.
If the engine blows up during the warranty period and it's through
defect, then the car gets a new engine gratis, courtesy of the
manufacturer.  If the lessee dumped Nitrous into the engine and drag
raced it, then the onus is on the lessee.

It's an apples and oranges comparison here, because there really is no
warranty against a company becoming insolvent.

Further, I'm surprised that no one has yet pursued fraud charges
against Norvergence.  Norvergence, as far as anyone can tell, led
customers (and possibly the banks, no one is sure) to believe that
this "matrix" they were peddling was worth many thousands of dollars,
when in fact it could be bought elsewhere for $500.  And some have
reported on here in the past that the box wasn't actually connected to
*anything*, it just sat there while their services (none of which
required a T1) were handled through other more pedestrian facilities.

>> The customers have plenty of defenses against Norvergence

> Why would they?  The company went broke.  

Yes, but why?  Norvergence was getting money UP FRONT for equipment
that cost them a tiny fraction of the income they were receiving, ON
TOP OF revenue for the services they were reselling.  Where did all of
this money go?  If it was squandered illegally, you can bet a case can
be had.

> 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.

The difference is that these customers bought a machine that they were
led to believe DID something for them, and cost a huge amount.  When
in fact, the machine sat idle in a number of cases, and even in the
instances where it did do something, the machine was nearly worthless
by comparison to the lease amount assigned to it.

Proving you were defrauded can definitely help in his matter.

>> 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?  

YES!  There's no denying it.  If someone walked into your office
promising grandiose things from this $15,000+ magic box that would
revolutionize your office communications, and made such a good sell
that you signed the papers, and then a week later someone dropped by,
said "here's the big magic box!" and dropped a $40 linksys broadband
router on your lap (and on top of that, NEVER HOOKED IT UP to
anything), wouldn't you consider that a swindle?


e-mail address fudged to thwart spammers.
Transpose the c's and a's in my address in order to reply.

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

From: hancock4@bbs.cpcn.com (Lisa Hancock)
Subject: Re: Norvergence Question
Date: 15 Jul 2004 06:55:23 -0700
Organization: http://groups.google.com


Billy Wickline <bwickline@aesduediligence.com> wrote 

> 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?

I am not a lawyer.  I suspect never have received the equipment puts
you in a somewhat better position.  But if your bank already paid
Norv. even if you hadn't received anything yet, your bank still wants
to be repaid for its loan/lease to you.

Unfortunately, in a bankruptcy, even customers such as yourself can
get screwed.

I would suggest you call your corporate lawyer ASAP and review your
contract with them.

> Should I tell the bank to stop automatic withdrawals from
> NorVergence?

Again, I'm not a lawyer, but I certainly would do that.

> Can they legally charge me for equipment NEVER received or used?
> Thanks for your time ...

IMHO, if your contract is direct with Norv they can't charge you.  But
if your contract is with a bank that loaned you the money, it's
another story.

Allow me to present another example:

When someone contracts to buy a house, they are actually buying the
land and everything attached to that land (which would be the house
and any other improvements).  If the house should burn down prior to
the actual sale, the buyer is still obligated to buy the property even
though there's no house on it.  That's why buyers should get fire
insurance on it as soon as they sign the contract.

Now for this topic, buying a future service is a slightly different
issue than buying a physical entity.  That's why I keep wondering what
the exit or non-performance clauses were on the contracts.  I find it
really hard to believe that the customers took on a contract without
any such clauses.

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

From: William Van Hefner <postmaster@thedigest.com>
Subject: Re: Norvergence Question
Date: Thu, 15 Jul 2004 04:35:53 -0700


> 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

As long as the box is not installed at your premises, you should be
free and clear. The Norvergence agreement that I have seen states,
"The Rental Agreement is non-binding until you are approved for
Unlimited Calling Facilities/Hardware and a MATRIX device is mounted
in your phone closet".

Unfortunately, the majority of Norvergence customers (the ones who
were unfortunate enough to have the "MATRIX" box actually installed)
are most likely stuck with their leases, as the contract they signed
states quite clearly that the lease is completely independent of any
services provided.  They were extremely careful in the wording of
their contract. There is no wiggle room.

A few other "gotchas" that I noticed in the Norvergence contract ...
Norvergence claims that the installation cost of Qwest's T-1 circuit
is $10,000.00! If a customer defaults, or wants out of the contract,
Norvergence is owed $10K.

Early termination of the contract also results in a $4,700.00 "Service
Platform Fee". This is in addition to owing them 100% of the cost of
service extended to the end of the contract. Of course, termination
still leaves you on the hook for the entire "MATRIX" box lease, as
well. Accounts are also deemed in default if not paid within 10 days
OF INVOICE. To put it mildly, the odds of being able to physically
receive and pay Norvergence's bill within 10 days of it being printed
are pitifully low, unless you happened to live extremely close to
where they mailed the bill from, and sent each payment in via Federal
Express.

My question is, who would be foolish enough to sign such a contract???
I had always suspected that Norvergence was a scam from the beginning,
as many of the readers of this newsgroup probably did. Anyone with due
diligence who took any time at all to check up on this company, or
even just examine the contract closely, should have known that this
was a deal that was just too good to be true. While I am generally
very sympathetic towards telecom consumers, this happens to be a case
where people just plain should have known better. If it sounds too
good to be true, it probably is.

As of today, the Norvergence case has been converted from Chapter 11
(reorganization) into a Chapter 7 (liquidation). Barring a last minute
stay, Qwest will most likely shut-off all Norvergence customers later
this afternoon, as will their wireless providers. So, there may be
approximately 10,000 small/medium business customers later today with
no dialtone, 800 service, long distance, internet access, or wireless
service and no hope of getting any of these services (except wireless)
restored for at least 3-4 weeks (average RBOC provisioning time). Good
luck ever getting your same local phone numbers, cellphone numbers, IP
addresses or toll-free numbers again, either. And have fun with your
"MATRIX device". I'm sure that it will make a fascinating conversation
piece some day, but it won't be much good for anything else anytime
soon. Look for tons of them coming to an eBay auction near you.

If you'd like to see an example of the Norvergence contract, you can
browse through http://www.thedigest.com/docs/norvergence . I'd be more
likely to sign my own death warrant than sign a contract like this.

William Van Hefner
Editor - http://www.thedigest.com

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

From: Joseph <JoeOfSeattle@yahoo.com>
Subject: Re: Long Distance; How to Figure Best Current Promotion Offered
Date: Thu, 15 Jul 2004 05:13:23 -0700
Organization: Posted via Supernews, http://www.supernews.com
Reply-To: JoeOfSeattle@yahoo.com


On 15 Jul 2004 00:06:32 -0400, Don Saklad
<dsaklad@nestle.csail.mit.edu> wrote:

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

You should go to a comparison site.  A good site to go to for good
comparisons is http://abtolls.com 


           remove NONO from .NONOcom to reply

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

From: hancock4@bbs.cpcn.com (Lisa Hancock)
Subject: Re: Long Distance; How to Figure Best Current Promotion Offered
Date: 15 Jul 2004 08:01:48 -0700
Organization: http://groups.google.com


Don Saklad <dsaklad@nestle.csail.mit.edu> wrote 

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

That is an impossible question to answer for several reasons:

1) Offerings vary by community; there are regional carriers and plans.

2) Promotions are temporary.  Whatever is good today will expire in
   a few months and you'll have to find another plan to keep savings.

3) Plans vary.  Some plans have a $5 monthly fee ABOVE usage.

4) Your mileage, er calling, varies.  A plan good for you is
   terrible for your next door neighbor.

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

From: Don Saklad <dsaklad@nestle.csail.mit.edu>
Subject: How to untangle a curly telephone receiver cord.
Date: 15 Jul 2004 11:15:49 -0400
Organization: MIT Laboratory for Computer Science


What is the trick to untangling a curly cord from the telephone
receiver to the base? ...

There is a particular movement that does untangles when a telephone
receiver cord gets curled in upon itself.

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

From: Wesrock@aol.com
Date: Thu, 15 Jul 2004 09:45:02 EDT
Subject: Re: Power of the Net in Next Election


In a message dated Wed, 14 Jul 2004 12:56:14 UTC Bill Ranck
<ranck@vt.edu> writes:

> 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.

    As someone noted on another list, the Congress sets the dates for 
elections, not the Constitution, which says in Article II, Section  1:

       "The Congress may determine the time of
        chusing [sic] the Electors, and the Day
        on which they shall give their Votes;
        which Day shall be the same throughout
        the United States."

     Note that both the date of the election, and the date on which the 
Electoral College will meet, are designated by Congress.


Wes Leatherock
wesrock@aol.com

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

From: Charles Cryderman <Charles.Cryderman@globalcrossing.com>
Subject: Re: Power of the Net in Next Election
Date: Thu, 15 Jul 2004 09:35:20 -0400


Bill Ranck placed before us:

> "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."

I agree that politicians currently are to dense to figure out how to
use the net for anything other then getting money and disseminating
information. It is their supporters that are the concern. With the way
the Lemmings from all groups reading things on the net and believing
that what is posted is true.  So much garbage and lies are being
posted by the right and left. With the dummying down of the USA we
should all be concerned.

Case in point:

> [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)"

This is something that is being attributed to a "un-named
source". Well anyone could be a "un-named" source. It could have been
a janitor hoping to make some money from a over zealous report. But
then we all know that reports are very scrupulous and never would pay
for a story. This is exactly the kind of information that the net
permits.

Then Mr. Ranck replies:

> "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."

Well Bill I got bad news for you. The Constitution has nothing in it
about holding elections. There are laws made by Congress and which
Congress has the power to change or void. But a Constitutional
amendment is not necessary. The only thing the Constitution specifies
is that the "electors" cast their votes. Nothing about the people
voting.

Pat again:

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

Pat, the President isn't the only one that thinks this. Many experts
do so as well. I, in fact have no doubt that Al Qaeda has been
planning something ever since we started to blow them away in
Afghanistan for this years election. They know good and well that the
liberals do not have the courage to send young men to combat.

Bill replying to Pat:

> "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."

This is very true. Another attack on the USA would galvanize the Bush
camp as well as many that have no interest in politics but would be
angered by outside influence.


Chip Cryderman

[TELECOM Digest Editor's Note: Well, the 'possibility of cancelling
the election' report and the 'Bush thinks that terrorists will ...'
report did not originate with me. Presumably 'good' sources (one more
or less right wing [US News and World Report] and one more or less
left wing [CNN]) came up with those in this week's issue and Monday's
reports. I guess those two are the unnnamed sources this Lemming was
referring to. You might want to ask CNN (which followed up on the
reports in US News and World Report) about their 'unnamed sources' who
was most recently identified as Pastor Soires, a Baptist minister who
advises President Bush. PAT] 
 
------------------------------

From: kludge@panix.com (Scott Dorsey)
Subject: Re: Tap Into Neighbors' WiFi? Why Not, Some Say
Date: 15 Jul 2004 08:58:30 -0400
Organization: Former users of Netcom shell (1989-2000)


Hammond of Texas  <spambait@spamcop.net> wrote:

> 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.

As someone who is no CTO, but merely an admin running some mail
servers, I can say that I have seen substantial amounts of spam
traffic injected by bad guys, through open WiFi hubs.

With the explosion in zombified Windows machines, though, it is
getting hard to trace the original source of spam messages, so this
may be increasing or decreasing in popularity.  I can't tell.

--scott

"C'est un Nagra.  C'est suisse, et tres, tres precis."

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

From: karthikveceee@softhome.net (Karthik)
Subject: Frequency and Timeslot
Date: 15 Jul 2004 07:14:37 -0700
Organization: http://groups.google.com


We say that each Frequency Channel is separated by 200KHz. So this is
the effective Bandwidth.So 1/200KHz = 5 Microsec.

This channel is divided into 8 Timeslots.

So this 5 Microseconds must be equally  divided for getting 8
Timeslots in that particular Frequency Channel.

But if you see that 8 Timeslots constitutes one Frequency Channel,
then as far as calculations go:

1 Timeslot = 0.577ms.
Which means 8 Timeslots = 4.16ms.

Can you justify how 5 Microsec can be divided so that we get a total
time of 4.16ms? 

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

Date: Thu, 15 Jul 2004 06:22:48 PDT
From: Sagar Singh <singhsagarsk@yahoo.com>
Subject: Diploma in Embedded Systems


Diploma in Embedded Systems in Bangalore

The Embedded Technology Sector is currently amongst the fastest
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Course OverviewPreliminary Level (46 days)Introduction to Embedded and
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Interfacing Requirement Analysis and Semiconductor Memories

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Communication

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CAN, Firewire/IEEE 1394

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IEEE 802.3 Ethernet Interface with Comparison of DP8390 and

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Introduction to CMX, Scheduler and Task Manager

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Sagar

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

From: VOIP News <voip news>
Date: Thu, 15 Jul 2004 01:10:39 -0400
Subject: Powell: FCC Forging Ahead on VOIP Rules
Reply-To: VoIPnews@yahoogroups.com


http://www.infoworld.com/article/04/07/14/HNpowellvoip_1.html

Tax issues among those waiting attention
 
By Stephen Lawson, IDG News Service July 14, 2004   
 
STANFORD, California - Bills to clarify the regulation of VOIP (voice
over Internet Protocol) in the U.S. Senate and House of Representatives
probably won't go up for consideration in Congress' current session,
but the Federal Communications Commission (FCC) hopes to make progress
on the issue by the end of this year, FCC Chairman Michael Powell told
Silicon Valley entrepreneurs and venture capitalists on Tuesday
evening.
 
The question whether VOIP should be treated as a telephone service or
an information service has implications for taxation as well as issues
such as 911 emergency call services and wiretapping. Senator John
Sununu, [cq] a New Hampshire Republican, has introduced a bill in the
Senate that would exempt VOIP from most regulation. A House bill
sponsored by Representative Charles "Chip" Pickering Jr., a
Mississippi Republican, has a similar aim.

An FCC public comment period on VOIP closed Wednesday. The agency
expects to look at the comments and make some decisions on the issue
by the end of this year, though some aspects of VOIP regulation, such
as how much a carrier must pay to terminate a call, may not be settled
for years, FCC policy chief Robert Pepper said in an interview
Wednesday.

Full story at:

http://www.infoworld.com/article/04/07/14/HNpowellvoip_1.html

How to Distribute VoIP Throughout a Home:
http://michigantelephone.mi.org/distribute.html

If you live in Michigan, subscribe to the MI-Telecom group:
http://groups.yahoo.com/group/MI-Telecom/
 
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End of TELECOM Digest V23 #333
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