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Subject: TELECOM Digest V23 #377

TELECOM Digest     Thu, 12 Aug 2004 15:24:00 EDT    Volume 23 : Issue 377

Inside This Issue:                             Editor: Patrick A. Townson

    Re: Wardriving Guilty Plea in Lowe's Wi-Fi Case (Jack)
    Re: Wardriving Guilty Plea in Lowe's Wi-Fi Case (Eric Friedebach)
    Re: Number Transportability for VOIP? (charlie3)
    Re: Number Transportability for VOIP? (John McHarry)
    Re: Strange Spoof E-Mails (Barry Margolin)
    Re: Any Experience With Verizon NJ Centrex? (Tony P.)
    Re: Vonage Traffic Clarification (John Levine)
    Re: NorVergence Having Popular Leasing Hound, Threaten Me (nospamwanted)
    US to Allow SBC, BellSouth to Buy Back Spectrum (Monty Solomon)
    Cisco Systems Ships Its Millionth Internet Protocol Telephone (Solomon)
    Check 21 (Marcus Didius Falco)
    Correction by Editor: was Re: Internet Connection (Gary Novosielski)

All contents here are copyrighted by Patrick Townson and the
individual writers/correspondents. Articles may be used in other
journals or newsgroups, provided the writer's name and the Digest are
included in the fair use quote.  By using -any name or email address-
included herein for -any- reason other than responding to an article
herein, you agree to pay a hundred dollars to the recipients of the
email.

               ===========================

Addresses herein are not to be added to any mailing list, nor to be
sold or given away without explicit written consent.  Chain letters,
viruses, porn, spam, and miscellaneous junk are definitely unwelcome.

We must fight spam for the same reason we fight crime: not because we
are naive enough to believe that we will ever stamp it out, but because
we do not want the kind of world that results when no one stands
against crime.   Geoffrey Welsh

               ===========================

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

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

Date: Thu, 12 Aug 2004 10:20:02 -0400
From: Jack <anonfwd774@withheld on request>
Subject: Re: Wardriving Guilty Plea in Lowe's Wi-Fi Case


Pat, please conceal my e-mail address.  

Before things get too far out of hand, I'd like to comment on some of
the comments that have been made by you and Mr. Paul Vader.  Both of
you seem to have missed an important paragraph in the original story
that Monty Solomon sent.  It clearly stated:

Paul Timmins, 23, pleaded guilty to a single count of unauthorized
access to a protected computer. HE WAS CLEARED OF MORE SERIOUS CHARGES
OF PARTICIPATING IN A SCHEME ORGANIZED BY HIS ROOMMATE AND ANOTHER MAN
TO LATER USE THE WIRELESS NETWORK TO HACK INTO LOWE'S COMPUTERS AND
SIPHON CREDIT CARD NUMBERS. (Emphasis added)

Now, I happen to know Paul Timmins' uncle (and have known him since he
was in high school), and I've also met Paul and have talked to him
directly on a few occasions, although not that much about this case.
However, what I've been able to deduce from various comments that have
been made over the past few months is that the only reason Mr. Timmins
was involved at all was due to a case of mistaken identity.

Paul definitely knew the two men who were in the car at the time the
crime was committed, but he was not personally present (in fact he was
in the process of leaving for a business trip to the west coast).  As
I understand the situation, when the attempt to steal the credit card
numbers occurred, there were two men in the car in the Lowes parking
lot.  One of the men, the passenger, was the one who allegedly
attempted to hack into Lowes system and steal credit card numbers. The
other, the driver, just happened to be Paul's roommate.  There were
FBI field agents present at the store and they managed to obtain a
description of the car (including the license plate number) and the
two occupants, but did not apprehend the perpetrators at the scene.
One of the occupants, the passenger (who was the one who actually
attempted the break-in) had long sideburns and this was noted in the
FBI's description.  Mr. Timmins has never had long sideburns.

The FBI then ran the license plate, and this led them to the apartment
complex in which the driver and Mr. Timmins lived.  They then
proceeded to run every license plate of every car parked in the
apartment complex.  Now, in Michigan, when you apply for a driver's
license they take a digital photograph, and that record is tied in the
database to the records of all the vehicles you own.  So apparently,
the FBI could pull up each plate and then display the driver's license
photo of the owner.  Unfortunately, when they ran the plate on Paul's
car, his photo somewhat matched the description of the passenger in
the car in the Lowes parking lot, and when they discovered that Paul
and the driver of the car at Lowes happened to be roommates, they just
assumed (incorrectly) that Paul had been the passenger.

Of course, Paul didn't have the long sideburns, either on his drivers
license photo or at the time they apprehended him, and both he and his
roommate were able to give the FBI the correct identity of the
passenger in the car, and at least in Paul's case he did so without
hesitation. So you would think that once the FBI discovered the
mistake, they might apologize and release Mr. Timmins and that would
be the end of it, right?  Especially since Paul fully cooperated, and
without his assistance they probably would have not been able to
successfully prosecute the real offender (or at least would have had a
much more difficult time of it).

Well, except that I guess that would have been embarrassing, and the
FBI had already spent a considerable sum of money on the investigation
(some estimates put it at well over a million dollars), and besides,
somehow it came out that Paul had once loaned the perpetrator a
wireless network card -- not the one that was used at the scene of the
crime, mind you, but apparently that was sufficient to tie him to the
other two in some way, 
        ***********************************************

and thereby save the FBI the embarrassment of having to drop the
charges against Mr. Timmins completely.

In the final analysis, it appears that Paul may have agreed to a plea
bargain for a very minor charge, a misdemeanor, rather than going
through the trouble and expense of having to pay more than the legal
fees he had already spent (in excess of $35,000) trying to fight "the
man." The access mentioned in the article (where he checked e-mail)
had occurred months earlier, and had it not been for the events that
transpired later, would probably never have been noticed.

       **************************************************

      [Offset emphasis added by TELECOM Digest Editor.] 

Unfortunately, too many of the stories that have been published on
this incident have mentioned Mr. Timmins' name without mentioning that
he was nowhere near the scene of the crime, and that he probably had
no foreknowledge of what the perpetrator was planning (in fact, I'm
told that even the driver of the car really had no idea of what his
passenger was actually up to -- I don't say that to excuse them,
because I'm sure that both driver and passenger knew they were doing
something illegal; I'm just not sure that the driver was aware that
his companion was planning to heist credit card numbers.  Apparently
the courts felt that was the case because the driver only got a five
year sentence, whereas the actual perpetrator will probably spend a
good portion of his life in prison).

Mr. Vader's moralizing, where he says, "at worst, you're in jail like
Mr. Timmins" shows his total ignorance of the case.  My understanding
is that Mr. Timmins was in jail only long enough to be booked and
arrange bail, and if he somehow winds up spending any more time in
jail over this it will be a real travesty of justice, given that many
people (including writers for various magazines) have done exactly the
same thing that Mr. Timmins did, which is to take his laptop and see
if he could access any open networks.  If you were to do a Google
search, I'll bet you could find a lot of people who openly admit to
having done exactly the same thing that Paul did.

In fact, I'm told by Paul's uncle that the local FBI agents apparently
even expressed some interest in using Mr. Timmins as an expert
witness in future cases, because of the level of cooperation he gave
them in this case.  So it seems to me that the whole plea bargain
thing was a way for everyone to extract themselves from a bad
situation without "losing face", as they say in parts of Asia.
Mr. Timmins never should have been charged; had the driver of the car
not been his roommate, or if his physical appearance had been
significantly different from that of the perp, or if he'd never
loaned that wireless card (which as I understand it was a cheap,
low-grade card to begin with) to the perp at some point in the past,
he might never have been charged at all.  Had he been rich and able
to afford better legal representation, his case would probably never
have gone to trial (I'm not saying he had bad lawyers, but I can't
imagine a rich person being put through this under similar circumstances).

Something to think about -- if you sit in the parking lot outside a
business that offers a wi-fi "hotspot" and check your e-mail, have you
committed a crime?  Remember, if that access is provided for customers
of that business, and if you're just sitting in the parking lot,
you're technically not a customer.  Well, as best I can tell, that's
just about the extent of what Paul did all those months ago (granted
that Lowes doesn't advertise wireless access, but on the other hand
they don't put up signs saying "do not access our wireless network",
and apparently they didn't bother much with security either).

Now admittedly, what I have written above is partly my own speculation
based on hearsay.  For a long time Paul avoided discussing the case at
all, on the advice of his attorney. So a little bit of what is above I
heard from him directly, and some was from his uncle or someone else
familiar with the case, and some is probably me trying to fill in the
blanks.  Some of the above may even be wrong, but I'll bet it's a lot
more factual than some of the stories I've seen in the press.

One reason I have an interest in this is that all of this had a ripple
effect that affected me personally.  A few years ago my friend (Paul's
uncle) had set up a web server that housed several web sites,
including (among other things) my "Resources for Michigan Telephone
Users" page and the associated MI-Telecom mailing list.  After some
time this server was moved to Paul's apartment, because he had better
connectivity there.  Well, the night all this happened, the FBI
apparently raided the apartment and carted off all the working
computers (I guess if a computer was powered up, they took it).  And
those computers have yet to be returned to Mr. Timmins. So my web site
and the mailing list went down for several weeks until I could get
them re-established elsewhere, and I suspect that several other people
were similarly inconvenienced -- including users of the telcodata.us
database, which was on a different computer at Paul's apartment that
was also seized.

Pat, imagine how you would feel if one night you tried to access the
Telecom Digest web site and archives and found that they were gone,
and your entire subscriber list was gone, and your mailing list
software was gone -- in short, everything that is the Telecom Digest
was gone through no fault of your own.  And then you found out that
the server was carted off in the middle of the night by the
authorities.  It is a real sickening feeling.  I had backups of the
web site but no place to put them.  I had a very stale list of
subscribers to the mailing list, and no way to contact anyone who'd
subscribed in the few months prior to the seizure.  I have to tell you
that I was pretty depressed for a few days.  Not only that, but since
Paul had been advised not to discuss the case with anyone, I couldn't
even explain to anyone why the site went down, because I didn't have
all the facts myself.

And beyond all that, I have a theory that some segments of the media
attempt to sensationalize stories of this type as much as possible,
because they realize that people who spend time on the Internet might
not feel the need to buy their newspapers or watch their television
news.  So any time they can say anything bad about the Internet or the
people who use it, they're right there and they don't tend to let
silly things like facts get in the way of their sensational story!  In
this case, there was some incorrect information released by the
authorities to the press early on, which implicated Mr. Timmins as one
of the actual perpetrators.  Most later stories have simply copied and
built upon the incorrect information in the earlier stories.  How
would you like it if any time someone did a Google search on your name
they'd pull up news stories saying that you were, for example, a major
car thief when all you had ever really been convicted of was a minor
traffic offense?

So maybe people should not be so quick to rush to judgment based on
what they read in a newspaper or on some wire service.  And that's all
I will say about it.

Jack

[TELECOM Digest Editor's Note: Jack, I know **exactly** what you speak
of; the observations I made in my note were based on the assumption 
that Paul *was* in the car; after all, the newspapers do not lie or
take short cuts on stories. They get their data from police, and
police do not lie or take short cuts in justice either. And I assumed
that if Paul pleaded guilty, he must have been guilty. With his
excellent legal representation (police are certain to give that to
everyone, the very finest in public pretenders -- oops, I meant
defenders -- in the system), I was certain the thought of pleading
guilty just to expedite the matter instead of being detained for
years on end and having an equal number of years of his life ruined
by prison, and spending many thousands of unavailable dollars on a
lawyer whose work would mainly consist of making a swap of one guy
for another with the prosecutor (plead that one guilty but let me
have this one be innocent) never occurred to him. If he pleaded
guilty, then By God, he must have been guilty, because police and
prosecutors do not lie about those things and neither do any citizens
who care about Truth, Justice and the American Way. Yes, Jack, please
excuse me for my asssumptions; I spend far too much time reading the
trash in the newspapers also, and believing in the honesty and
concern in newspaper reporters and their unimpeachable sources, the 
police.  PAT]

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

From: friedebach@yahoo.com (Eric Friedebach)
Subject: Re: Wardriving Guilty Plea in Lowe's Wi-Fi Case
Date: 11 Aug 2004 23:59:27 -0700
Organization: http://groups.google.com


PAT noted in TELECOM Digest V23 #374:

> [TELECOM Digest Editor's Note: I do not think in any shopping center
> parking lot his argument would be very convincing. Please correct me
> on this as needed, but I have been told that wireless routers only 
> have an optimal range of 200-300 feet. When I put mine in recently, I
> was told I could go outside my house and maybe the house on either
> side of me or the house across the street and still reach it. But the
> house on my west side is vacant, a large size double lot separates me
>  from the house on the east side, and I know the people directly 
> across the street from me are very unlikely to know about or care
> about computers at all, let alone wireless ones. When I go out on my
> own back porch with a laptop, depending exactly on how I sit in my 
> chair allows me to keep or lose the connection. And this is a very
> rural area; I would notice almost immediatly any car parked in front
> of my house or in the alley on my west side. Plus which I have told
> the router to only respond to the name given to the card, and I have
> told the card not to broadcast its name, plus I use some encryption,
> so I feel relatively safe. 

> Now my friend who got me the card and wireless router did say if I
> mounted a highly directional antenna out of my window I could probably
> go 'one mile or so' and still get the signal. Is that correct? So when
> a person parks in a parking lot at a shopping center, how likely is it
> they will receive signals from some store in the mall? My frame of
> reference is the only thing like it we have here in town, the Walmart
> Super Center on the west side of town, and I just cannot picture such
> a scene there, but maybe I am wrong.  PAT]

I would guess that the type of equipment that Lowe's uses are a bit
more robust than consumer grade stuff as far as signal range goes. A
friend of mine works for Lowe's, traveling to various stores doing
audits. I'll ask him just what the expected range he gets with his
company laptop.

Quite a few truck stops offer wireless connections, and they are
*huge*. They would need to have signal coverage bigger than a few
hundred feet.

Last month, I was sitting in the passenger seat of a car doing some
work on my own new laptop while driving through a metro interchange.
It amazed me how many spots kept popping up. Where they protected? Who
knows. Since then, I have disabled the connection. I have my own
PCMCIA card from Sprint, so I don't need to search for available spots
for reasons other folks have posted in response to the original
article.

Eric Friedebach
/Favorite OnStar commercial: crying woman drops keys in toilet/

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

From: charlie@cdsdetroit.com (charlie3)
Subject: Re: Number Transportability for VOIP?
Date: 11 Aug 2004 17:59:15 -0700
Organization: http://groups.google.com


I just got through a number porting glitch between SBC and Vonage.  I
did the paper work then went out of town.  I took my Vonage box along
and left the home phone forwarding to the Vonage box.  Then several
days went by without any incoming calls.  Turns out SBC disconnected
my home phone service but the home phone number was not immediately
connected to Vonage.  People who tried to call me got a busy signal.
I called Vonage when I noticed this and they got things fixed in 24
hours.

Appears to me the number porting process is a big headache for
everyone involved.  I'm glad I can keep my old SBC number.  I'm not
being hard on SBC or Vonage about this, it's over.

In the meantime if you port a number to a VOIP service be alert to
the possibility that the number doesn't port properly and no one can
call you on the ported number until you notice that and alert the new
carrier and they fix it.

Having said all that, on balance, I'm very satisfied with my Vonage
service despite a few glitches. (I would not rely on VOIP without a
backup, cell phone, land line, or nearby pay phone regardless of who
is the provider.) But, advantages like simultaneous ring and portabil-
ity of the Vonaage box more than compensate for the few glitches I've
seen so far.

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

From: John McHarry <mcharryj@bellsouth.net>
Subject: Re: Number Transportability for VOIP?
Date: Thu, 12 Aug 2004 01:48:34 GMT
Organization: EarthLink Inc. -- http://www.EarthLink.net


> What have people experienced with other transfers, to CLECs or wireless?

> [TELECOM Digest Editor's Note: Our local CLEC, Prairie Stream Communi-
> cations does it all the time. Existing customers who move away from
> SBC on our local 620-331 exchange keep the very same number. The
> transfer is transparent. 

Does Prairie Stream do their own switching, or are they a reseller? If the
latter, there would be no change in call routing, just in the billing
arrangements. Maybe I should have confined my enquiry to wireless. 

[TELECOM Digest Editor's Note: They have been a UNI-P type CLEC, which
is to say they lease *everything* (not just a few parts) from the
incumbent carrier, SBC. But they are now in the process of converting
to a full-fledged carrier in their own right. They are now in the
process of pulling fiber through the utility holes around town and 
constructing a central office directly across the alley from the SBC
central office at 6th and Maple. They hope to have the conversion 
finished at the end of this year or early in 2005. At the present time
they work out of a cage at the SBC switch, and SBC, in true fashion,
is making it extremely difficult and expensive for them to continue
the arrangement. 

New -- that is non-SBC or other telco customers -- who wish to go with
Prairie Stream were being assigned numbers in the 620-714 exchange.
Existing -- that is SBC Independence customers, all of whom are in the
local exchange (out of 6th and Maple) -- wishing to go with Prairie
Stream keep their existing 620-331 number. After all, 'EDison-1' (331)
is the only exchange here in town with a few exceptions for centrex
subscribers and cell phone customers who are '330' or '332', and
people want to keep their same number if possible.  

I know when I switched to Prairie Stream now more than a year ago, SBC
made a terrible stink about it: They told Duane (PS owner) "you can't
have him since he is a DSL customer".  I told SBC in that case just
pull the DSL out. Mike Flood over at CableOne put me on internet the
same day by tapping a few keys on his computer, and when SBC finally
got around to 'allowing it', Duane cut me onto Prairie Stream with a
few taps on his keyboard. Never a minute of downtime on phone or
internet. Prairie Stream 'mirrors' my entire phone account on their
system for $24.95 per month, not the hundred dollars plus per month
that SBC wanted. Would you believe I still, now a year later, keep
getting 'we want you back' letters in the mail from SBC with one kind
of outrageous offer and another?  PAT]

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

From: Barry Margolin <barmar@alum.mit.edu>
Subject: Re: Strange Spoof E-Mails
Organization: Symantec
Date: Wed, 11 Aug 2004 22:14:09 -0400


In article <telecom23.375.7@telecom-digest.org>, Neal McLain
<nmclain@annsgarden.com> wrote:

> Within the past week, I've received two spoof e-mails, one purporting
> to be from CityBank and one from USbank (and I'm not even a USbank
> customer).  They're obviously fake attempts to get me to enter
> confidential information.  But they differ from previous spoofs I've
> received in two curious respects:

>  - They include a couple lines of random words that
>    aren't visible in the message (white text on white
>    background, I assume).  Example (from the USbank 
>    spoof): "in 1842 Geena Davis Not bad. Leonardo Di
>    Caprio in 1814 in 1969 Download in 1900 Nascar
>    Personals Tool Atkins Diet NY Yankees Harley Davidson."

>  - The actual message is a .gif image, not text.
>    Furthermore, it isn't even a link, so I couldn't
>    click on it even if I wanted to!

These are both attempts to get past spam filters.  If the filter looks
for words in text, it won't be able to find them in the GIF image
(unless spam filters start using OCR technology).  And the random
white-on-white sentences are presumably intended to make Bayesian
filters screw up.

Barry Margolin, barmar@alum.mit.edu
Arlington, MA
*** PLEASE post questions in newsgroups, not directly to me ***

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

From: "Tony P." <kd1s@nospamplease.verizon.reallynospam.net>
Subject: Re: Any Experience With Verizon NJ Centrex?
Organization: ATCC
Date: Wed, 11 Aug 2004 21:39:35 GMT


In article <telecom23.375.13@telecom-digest.org>, a_user2000@yahoo.com 
says:

> Tony P. <kd1s@nospamplease.verizon.reallynospam.net> wrote in message
> news:<telecom23.370.7@telecom-digest.org>:

>> In article <telecom23.369.6@telecom-digest.org>, chrispchang@yahoo.com 
>> says:

>>> Hi, I'm new to this group but seems like there are a number of
>>> knowledgeable telecom folks here.  I am opening a small office (6
>>> people with potential to expand to max of 15).  In looking at phone
>>> systems, we want basic voicemail functionality, caller id and call
>>> waiting caller id.

>>> I am thinking about using Centrex offered by Verizon NJ instead of
>>> purchasing a phone system.  Was wondering if anyone had any opinions
>>> from experience with using this?  We intend to get Centrex compatible
>>> display phones so users don't have to deal with switchook/flash button
>>> stuff.

>>> Appreciate any responses.

>> From an accounting perspective, the Centrex is a month to month expense, 
>> while buying a system gives you the depreciation over time plus the cost 
>> of the loops as a monthly expense. 

>> I don't like Centrex because you're on the hook to Verizon until you
>> decide to put your own system in.

>> Right now you can get systems that will expand to what you need for
>> < $1000. 

>> You don't mention how many CO lines you'll be using. There is a
>> difference. WIth Centrex, every phone is a CO line that you'll pay
>> for.  With you own system, you only pay for those CO lines you tie
>> into the KSU or PBX.

>> Let's say you have 6 extensions with 4 CO loops at $30 a month using a
>> KSU or PBX.

>> Your initial cost going in is $1000, with a recurring monthly expense
>> of $120, or $1,440 a year. So your cost in the first year is $2,440.

>> Subsequent years would be $1,440. At year three you fully staff to 15 
>> people and add 5 CO lines. Perhaps you'll spend $800 or so to upgrade 
>> the switch. Monthly your cost would now be $300 a month, $3,600 a year. 

>> Six Centrex loops at $25 a month, plus a rental fee on the phones of
>> roughly $10 each per month comes out to $210 a month, or $2,520 a
>> year.  All subsequent years would cost approximately the same.

>> When you fully staff, the cost now comes to $525 a month, or $6,300 a 
>> year. 

>> So you can see that in the long term, Centrex is a losing bet. Unless of 
>> course you want to increase your expenses.

> What you have failed to account for in your business case is the cost
> of maintenance on the PBX unit.  Service calls on your PBX will cost
> you an hourly rate that will vary depending on the local area and the
> vendor providing the service.  If you opt for a maintenance contract,
> then it is an annual charge that may be billed on a monthly basis.
> Costs for maintenance contracts vary depending on the type of coverage
> required, but average, at least in our market, around $180 per port.

Ah, that's my experience showing through. Haven't met a PBX or KSU
that I couldn't fix yet. That's without the vendor. Usually having the
vendor docs is all you need.

Allocate what, a couple hundred a year for broken phones etc. Otherwise 
it's less expensive over time. 

$180 per port is ridiculous. At my last job we had a Definity G3i --
and Avaya was raping us on maintenance, charging pretty much what you
state for 280 port system.

Thing was, another agency got rid of their G3i and we took it. Had all
the line cards, station cards, tone clocks, CPU's etc. that we'd ever
need. And we had the craft password for the system so we could reset
alarms. In the end we cut our maintenance from almost $4000 a month to
$800 a month. All we covered were the CPU, tape drive and power
supplies.

Still excessive as far as I'm concerned but a heck of a savings. 

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

Date: 11 Aug 2004 22:11:10 -0000
From: John Levine <johnl@iecc.com>
Subject: Re: Vonage Traffic Clarification
Organization: I.E.C.C., Trumansburg NY USA


In article <telecom23.375.9@telecom-digest.org> you write:

> In one of the posts PAT had mentioned that Vonage to Vonage traffic
> goes completely over Vonage network. Vonage claims that they do not
> have any network infrastructure. Is my understanding of Voange's claim
> wrong or Vonage's traffic is carried over public IP network?

All of Vonage's traffic is carried over the public IP network.  If you
call a normal phone, it goes from your terminal adapter box over the
net to Vonage's servers in New Jersey, where it hops onto the regular
phone network.  If someone calls you, the call goes to the CLEC switch
that handles your phone number, which (as far as I can tell) then
sends the call to your TA over the net.  In my case, for example, I
have an Ithaca, NY number and the switch is in Syracuse, in the same
building as all the other toll switches for this LATA.

But if one Vonage customer calls another, Vonage tells the two TAs to
talk directly to each other over the net, without routing the call
through Vonage's servers at all.

This is nice and efficient, but makes calls hard to tap since there's
no central switch where one could make a copy of the data.

Regards,

John Levine johnl@iecc.com Primary Perpetrator of The Internet for Dummies,
Information Superhighwayman wanna-be, http://www.johnlevine.com, Mayor
"I dropped the toothpaste", said Tom, crestfallenly.

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

From: nospamwanted <nothere@notthere.net>
Subject: Re: NorVergence is Having Popular Leasing Hound and Threaten Me
Date: Wed, 11 Aug 2004 21:52:02 -0400
Organization: NETPLEX Internet Services - http://www.ntplx.net/

On Wed, 11 Aug 2004 18:58:17 GMT, L
<lisaanne_quilts@hothatesspammail.com> wrote:

> Pelco Sales & Service <pelco@neteze.com> wrote in message
> news:telecom23.374.10@telecom-digest.org:

> Do you have any consumer rights? NOPE. The contract you signed for the
> equipment lease specifically states you are a BUSINESS and WILL NOT be
> using it for personal use. Businesses don't have consumer protection
> laws.

In theory, a business owner should be a bit more (intelligent?
knowledgeable?) than the small percentage of consumers who are at the
lower end of the IQ scale.  Certainly, business owners should have
insisted on an escape clause, and rejected many of the (alleged) terms
of the lease.  

> Firstly, you need insurance for that equipment. The sales spiel was
> that you were not obligated to purchase from the leaseholder, you
> could research getting your own. As you have most likely found out,
> your insurance company could not provide insurance for 10-60 times
> actual value. Your leaseholder does. That smacks of insurance fraud to
> me ... and wouldn't it be the civic thing to provide your state's
> insurance board with copies of your insurance policy and lease
> agreements for that equipment? Some properly worded letters, CC'd to
> the leaseholder of course, might raise some state agency eyebrows.

Sounds like a sure-fire proposition ;->

> And what about the fact that the equipment is leased at different
> amounts to different businesses. Doesn't that point to some complicity
> on the part of the lending agencies? Of course, the banking commission
> might be interested in a lease that is so overvalued ... what happens
> if you default and the bank has to repo the equipment? Banks usually
> have strict guidelines as to how much risk they can take.

The fact that the equipment is leased at different amounts is not
really an issue.  Telecom equipment may often be leased at different
amounts because it has different capabilities.  e.g. a PBX may have 4
or 400 lines.  Plus, the down payments may differ.

Norvergence made a lot of noise about "patented technology" and having
a unique solution.  So how was the bank supposed to know the fair
market value of the equipment?  Norvergence was the only distributor,
and Adtran's name was not mentioned.  The banks and leasing companies
probably just used the values other people paid for the equipment.
Thus, the people who signed the leases put the value on the equipment
for themselves, and for each other.    

> [TELECOM Digest Editor's Note: That is why I suggested the small
> business owner *freeze all accounts payable to Norvergence and Scam
> Associates* and mitigate their own losses by paying **nothing** until
> instructed to do so by a court or their attorney.  PAT]

Pat, 

Occasionally, someone would find my name in the archives and call me
to ask about Norvergence.  I've kept my eye on Norvergence from the
beginning, although at first their proposition seemed reasonable --
they claimed to use VoATM to save 20% on your phone bill.  (However,
I'll bet many small businesses can save 20% just by changing
carriers.)  

As the questionable practices started to become public, a few people
called.  I mentioned the lease, and they were not concerned by it,
they were only concerned with saving money.  One guy was more
concerned by the fact that he had to act within the week or he'd have
to wait another three months.

I don't have as much sympathy for the guys who signed the leases as
you do.  These people should have read the leases, and should have
been able to understand them.  If they rejected Norvergence's offer
entirely, the worst that would have happened would have been that they
continued to pay for telecom services at their existing rate.  Instead
the customers were also motivated by greed.

Norvergence is not without blame, but then neither is the customer. 

Is there anyone who did a proper contract review, and asked "what
happens if the service is so lousy I can't use it, or Norvergence goes
out of business" and then still signed up with Norvergence?

[TELECOM Digest Editor's Note: But I tend to support the little guy.  PAT]

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

Date: Wed, 11 Aug 2004 17:21:23 -0400
From: Monty Solomon <monty@roscom.com>
Subject: US to Allow SBC, BellSouth to Buy Back Spectrum


WASHINGTON, Aug 11 (Reuters) - U.S. antitrust authorities said on
Wednesday they would allow SBC Communications Inc.  (NYSE:SBC) and
BellSouth Corp. (NYSE:BLS) to buy back some of the wireless licenses
they were forced to divest when forming Cingular Wireless four years
ago.

The Justice Department said it had agreed to modify a 2000 agreement
with the companies that had barred them from reacquiring spectrum
licenses in California and Indiana, removing a potential obstacle to
the deal.

The Justice Department and the Federal Communications Commission are
still reviewing Cingular's $41 billion cash bid for AT&T Wireless
Services Inc.(NYSE:AWE) The department's antitrust division is
studying whether it would hobble competition in the wireless business.

Without the modification, Cingular's proposed acquisition of AT&T
Wireless would put SBC and BellSouth in violation of the earlier
agreement, the department said.

The change is subject to the condition that the companies not buy
control of some other spectrum currently being used by AT&T Wireless
in parts of Indiana, the department said.

     - http://finance.lycos.com/home/news/story.asp?story=43051683

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

Date: Wed, 11 Aug 2004 17:20:08 -0400
From: Monty Solomon <monty@roscom.com>
Subject: Cisco Systems Ships Its Millionth Internet Protocol Telephone


     Cisco Systems Ships Its Millionth Internet Protocol Telephone in
     Europe to BEC Denmark
     - Aug 11, 2004 02:44 PM (BusinessWire)

COPENHAGEN, Denmark--(BUSINESS WIRE)--Aug. 11, 2004--

       Danish Customer Bankernes EDB Central (BEC) to Deploy IP
  Communications in 78 Banks; Largest Project of its kind in Denmark

Cisco Systems today announced that it has shipped its one millionth
Internet Protocol (IP) telephone in Europe. The recipient is Bankernes
EDB Central (BEC), a leading Danish technology provider to 78 banks in
the country. The millionth IP phone is part of a shipment of 6,000 IP
phones being installed over the next three years, making this the
single largest IP telephony project in Denmark to date.

To mark this milestone, Tim Stone, Head of IP Communications Marketing
for EMEA, Cisco Systems, awarded Leo Svendsen, Director, BEC, with a
commemorative phone at a special ceremony at BEC headquarters in
Roskilde, Denmark on 9th August.

With the majority of BEC's customers being small- to medium-sized
banks in Denmark, it is important the solutions provided to them are
cost effective and installed with minimum disruption to business. In a
close alliance with Cisco Systems and NetDesign, a leading Danish IT
and telephony systems integrator, BEC now has the full capability to
deliver IP enabled solutions including data centres, PCs, routers and
operational systems, which Danish banks of any size can take advantage
of.

     - http://finance.lycos.com/home/news/story.asp?story=43047145

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

Date: Wed, 11 Aug 2004 19:40:44 -0400
From: Marcus Didius Falco <falco_marcus_didius@yahoo.co.uk>
Subject: Check 21


Consumer's Union recommends that you have your bank send you
"substitute checks" for all your checks, and that you find a bank that
will do this for free. They say that legally, a photocopy of a check
isn't actual proof, but a substitute check will be.

* Original: FROM..... Dave Farber

Begin forwarded message:

From: Monty Solomon < >
Date: August 11, 2004 1:31:33 AM EDT
Subject: Check 21

Questions and Answers About the Check Clearing for the 21st Century
Act, "Check 21"

http://www.consumersunion.org/finance/ckclear1002.htm

Banks No Longer Will Return Original Cancelled Checks
http://www.consumerlaw.org/initiatives/check21.shtml

NCR Check 21 Resource Center
http://www.ncr.com/solutions/payment_solutions/check21.htm

Federal Reserve
http://www.frbservices.org/Retail/check21About.html
http://www.frbservices.org/Retail/Check21.html

ABA
http://www.aba.com/About+ABA/CheckTruncationAct.htm

Electronic-Check.org
http://electronic-check.org/

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

From: Gary Novosielski <gpn@suespammers.org>
Subject: Correction From Editor: was Re: Internet Connection
Date: Wed, 11 Aug 2004 21:00:54 GMT


> [TELECOM Digest Editor's Note: Where did you get that one? I saw it
> also, but you did NOT get it from TELECOM Digest. I did not pass it.
> PAT]

Well, it sure as heck LOOKS like I got it from Telecom Digest.  Here 
are the headers:

Path:nwrddc04.gnilink.net!cyclone2.gnilink.net!cyclone1.gnilink.net!gnilink.net!wn14feed!worldnet.att.net!128.230.129.106!news.maxwell.syr.edu!newsswitch.lcs.mit.edu!telecom-digest.org!ptownson
Date: 9 Aug 2004 09:19:19 -0700
From: codemonkey74@yahoo.com (CodeMonkey74)
Newsgroups: comp.dcom.telecom
Subject: Internet Connection
Message-ID: <telecom23.371.20@telecom-digest.org>
Organization: http://groups.google.com
Sender: editor@telecom-digest.org
Approved: [comp.dcom.telecom/e29e4a8fbb9059c4356072c008715cf1]
X-URL: http://telecom-digest.org/
X-Submissions-To: editor@telecom-digest.org
X-Administrivia-To: telecom-request@telecom-digest.org
X-Telecom-Digest: Volume 23, Issue 371, Message 20 of 21
Lines: 11
Xref: cyclone1.gnilink.net comp.dcom.telecom:21469
X-Received-Date: Mon, 09 Aug 2004 14:13:56 EDT (nwrddc04.gnilink.net)

Just thought I'd drop by and say thanks to all the people who tried to
help me with my internet problems.  AAARGH!!!!  I almost missed
turning in my HUGE psych paper, and Kenna was suffering from
nickjr.com withdrawals ;).  I finally just gave up and switched (in
case you were wondering, it's Comcast  19.99 for 6 months, 75 bucks
cash back and a free modem  http://specials.comcastoffers.com).  The
guy I talked to said the online place was the only way to get the free
modem.  Anyway, it's fast!!!!  I downloaded a coloring book for Kenna
in like 2 secs.  Thanks again, time to study. KM

[TELECOM Digest Editor's Note: You are correct; I stand corrected and
apologize. Now and again spam does get through.   PAT]

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

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