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Subject: TELECOM Digest V23 #539

TELECOM Digest     Wed, 10 Nov 2004 01:18:00 EST    Volume 23 : Issue 539

Inside This Issue:                             Editor: Patrick A. Townson

    Packet8 Service Provider 8x8, Inc. Issues Statement on FCC (Lisa Minter)
    VoicePulse Optimistic After Positive FCC Ruling (Lisa Minter)
    Ohio Consumers' Counsel Reacts to FCC's Decision (Lisa Minter)
    Global Crossing Statement on FCC Action (Lisa Minter)
    FCC Declares Vonage(R) VoIP Service Is Interstate (Lisa Minter)
    Panasonic KX-TD 500, Please Help (73553)
    Establishing Local Access Numbers in US (MK)
    Beheaded Trolls, etc (TELECOM Digest Editor)
    Re: Lost Caller ID Switching Local Service - Need Explanation (Dearing)
    Re: Lost Caller ID Switching Local Service - Need Explanation (I Beard)
    Re: Long Distance Service in California (Joseph)
    Re: Any News on the Feds v. Norvergence? (William Van Hefner)
    I Have VOIP2 and Experience Flawless Service (Frank Reynolds)

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.  

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

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 22:23:56 -0500
Subject: Packet8 Service Provider 8x8, Inc. Issues Statement on FCC


http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/11-09-2004/0002399969&EDATE=

Packet8 Service Provider 8x8, Inc. Issues Statement on FCC VoIP Ruling
http://www.8x8.com

SANTA CLARA, Calif., Nov. 9 /PRNewswire-FirstCall/ -- 8x8, Inc.
(Nasdaq: EGHT), the Packet8 broadband voice over internet protocol
(VoIP) and videophone communications service provider, issued the
following statement regarding today's Federal Communications
Commission decision that VoIP services like Packet8 are interstate in
nature, thereby preempting efforts by state and local authorities from
regulating such services.

Bryan R. Martin, Chairman and CEO of 8x8, Inc., stated: "The FCC made
a historic decision today for the future of Internet-based telephony
services like Packet8.  By declaring that these services are
interstate by their very nature, and asserting federal jurisdiction
over how such services are regulated, the FCC has taken a decisive
step towards ensuring that innovative new IP-based applications,
services and choices will be available to all consumers."

8x8 has been lobbying the FCC and other federal officials since
September 2003, when it began receiving letters from several state
regulatory agencies asserting jurisdiction over the Packet8 voice and
video telephony service.

Today's decision from the FCC enables VoIP service providers like 8x8
to avoid negotiating rates, rules and services with separate and
individual state governments and continue to offer new,
competitively-priced Internet phone services to residential and
business broadband subscribers.

About 8x8, Inc.

VoIP (voice over internet protocol) service provider 8x8, Inc. offers
internet-based telephony solutions (http://www.packet8.net) for
individual residential and business users as well as small to medium
sized business organizations. In addition to regular Packet8 VoIP
service plans, priced as low as $19.95 per month for unlimited anytime
calling to the U.S. and Canada, 8x8 now offers the Packet8 DV 326
VideoPhone, the industry's first stand alone broadband consumer
videophone. Packet8 Virtual Office, 8x8's VoIP system for small to
medium sized businesses, is a hosted PBX solution comprised of
powerful business class features.  For additional company information,
visit 8x8's web site at http://www.8x8.com.

NOTE:  8x8, the 8x8 logo, Packet8, the Packet8 logo and Packet8 Virtual
Office are trademarks of 8x8, Inc. All other trademarks are the property of
their respective owners.

SOURCE 8x8, Inc.
Web Site: http://www.8x8.com 

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

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 22:33:25 -0500
Subject: VoicePulse Optimistic After Positive FCC Ruling


http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/11-09-2004/0002399768&EDATE=

                   Commission Rules in Favor of Innovation

JAMESBURG, N.J., Nov. 9 /PRNewswire/ -- The FCC today ruled in favor
of choice, competition and innovation by preempting state regulation
of Voice-over-IP phone services provided by companies like VoicePulse.
Remaining consistent with the FCC's deregulatory policies, the order
lifts the burden of complying with 50 different regulatory bodies
which could have stifled the emerging technology.

"We're pleased that the FCC recognizes the potential of VoIP and
welcome their continued support in bringing services like VoicePulse
to the consumer," said Ravi Sakaria, VoicePulse's President & CEO.
"The ruling is an important first step towards defining a new
framework to support and encourage the growth of the industry while
benefiting and protecting the consumer."

VoicePulse allows consumers to use their existing cable or DSL
Internet connection for phone service. The service includes
traditional features such as Caller ID, Call Waiting, Call Forward and
Voicemail as well as a host of advanced features such as Distinctive
Ring, Call Filters, Telemarketer Block and Anonymous Call Block.
Consumers need only a high-speed Internet connection and an ordinary
touch-tone telephone to use the service.  VoicePulse uses
Voice-over-IP technology to deliver broadband phone service.
VoicePulse's services include:

     * Unlimited local, regional and US long distance calling for $24.99
       per month
     * Unlimited local, regional and 200 US long distance minutes for
       $14.99 per month
     * Advanced features including Voicemail, Telemarketer Blocking, Do
       Not Disturb, Anonymous Call Rejection, Distinctive Ring
     * Voicemail with optional e-mail delivery of messages as sound
       attachments
     * Choose your own area code
     * Low international calling rates
     * http://www.voicepulse.com/

About VoicePulse

VoicePulse is a New Jersey based communications company that uses its
VoIP network to deliver advanced features and high-quality phone
service to residential and small-business consumers. The company leads
the industry in delivering innovative features and excellent customer
service. For more information about VoicePulse, please visit
http://www.voicepulse.com.  VoicePulse is a trademark of VoicePulse
Inc.

For more information about VoicePulse, please contact:
Rima Vaghasiya
732-339-5100
rima@voicepulse.com

SOURCE VoicePulse

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

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 22:29:47 -0500
Subject: Ohio Consumers' Counsel Reacts to FCC's Decision on


Jack Decker Comment: As you read this and similar statements by
"consumer groups", bear in mind that some of these organizations stand
to lose a lot of their influence, and perhaps their entire reason for
existence, if wireline telephony goes away.  You will know which ones
are possibly thinking of their own job security first, and what is
best for consumers second, if all they can do is knock today's FCC
decision.]

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/11-09-2004/0002399895&EDATE=

Ohio Consumers' Counsel Reacts to FCC's Decision on Internet-Based
Telephone Services http//www.pickocc.org

COLUMBUS, Ohio, Nov. 9 /PRNewswire/ -- Today, the Federal
Communications Commission (FCC) made a decision that limits the
authority of individual states over Internet-based telephone services
(called Voice over Internet Protocol, or VoIP). The Office of the Ohio
Consumers' Counsel (OCC) believes that it is important that states
have the ability to enact consumer protections and safeguards for this
fast-growing technology.

The following statement can be attributed to Janine Migden-Ostrander,
Consumers' Counsel:

"With traditional local telephone competition in jeopardy, the last
thing consumers need is for their new choices to lack any
safeguards. While there is still uncertainty about how much of a role
states will ultimately be able to play, the FCC took away any
authority for them to require VoIP companies to provide customers with
9-1-1 emergency services. When it comes to consumer protections and
public safety issues, states should be in the driver's seat and need
to act."

About the Office of the Ohio Consumers' Counsel

The Office of the Ohio Consumers' Counsel (OCC), the residential
utility advocate, represents the interests of 4.5 million households
in proceedings before state and federal regulators and in the
courts. The state agency also educates consumers about electric,
natural gas, telephone and water issues and resolves complaints from
individuals. To receive utility information, brochures, schedule a
presentation or file a utility complaint, residential consumers may
call 1-877-PICKOCC (1-877-742-5622) toll free in Ohio or visit the OCC
website at http//www.pickocc.org .

SOURCE Office of the Ohio Consumers' Counsel
Web Site: http//www.pickocc.org 

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

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 22:31:43 -0500
Subject: Global Crossing Statement on FCC Action


http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/11-09-2004/0002399891&EDATE=

http://www.globalcrossing.com

FLORHAM PARK, N.J., Nov. 9 /PRNewswire-FirstCall/ -- Global Crossing
(Nasdaq: GLBC) issued the following statement, which should be
attributed to John Legere, CEO, on the Federal Communications
Commission's declaratory ruling today.

"We are pleased that the FCC is continuing its efforts to regulate
VoIP services with a 'light touch.'  We believe this approach will
foster continued innovation and investment in IP networks and
services.

"The ever-quickening acceleration of technological change in the
telecommunications industry demands a regulatory process that is
swift, efficient and final."

As the industry evolves towards an IP environment, Global Crossing
recommends its REFORM agenda to begin adapting today's regulatory
tools to tomorrow's regulatory challenges. Global Crossing's REFORM
agenda is comprised of six pillars:

     * Rationalizing inter-carrier compensation.
     * Establishing a swift and efficient dispute resolution forum.
     * Formulating clear and simple rules and regulations.
     * Overhauling universal service.
     * Redefining public interest obligations.
     * Maintaining authority over essential bottleneck facilities

The company believes that the few simple rules and safeguards outlined
by REFORM will provide for a largely deregulated environment that will
benefit both consumers and the telecommunications industry as a whole.

ABOUT GLOBAL CROSSING

Global Crossing (Nasdaq: GLBC) provides telecommunications solutions
over the world's first integrated global IP-based network.  Its core
network connects more than 300 cities and 30 countries worldwide, and
delivers services to more than 500 major cities, 50 countries and 6
continents around the globe.  The company's global sales and support
model matches the network footprint and, like the network, delivers a
consistent customer experience worldwide.

    Global Crossing IP services are global in scale, linking the
world's enterprises, governments and carriers with customers,
employees and partners worldwide in a secure environment that is
ideally suited for IP-based business applications, allowing e-commerce
to thrive.  The company offers a full range of managed data and voice
products including Global Crossing IP VPN Service, Global Crossing
Managed Services and Global Crossing VoIP services, to more than 40
percent of the Fortune 500, as well as 700 carriers, mobile operators
and ISPs.  Please visit http://www.globalcrossing.com for more
information about Global Crossing.

     CONTACT GLOBAL CROSSING:
     Press Contact
     Becky Yeamans
     + 1 973-937-0155
     PR@globalcrossing.com

     Analysts/Investors Contact
     Laurinda Pang
     + 1 800-836-0342
     glbc@globalcrossing.com

SOURCE Global Crossing
Web Site: http://www.globalcrossing.com 

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

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 22:35:13 -0500
Subject: FCC Declares Vonage(R) VoIP Service Is Interstate, Preempts


http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/11-09-2004/0002399599&EDATE=

FCC Declares Vonage(R) VoIP Service Is Interstate, Preempts States From Regulating VoIP
http://www.vonage.com

Vonage CEO Jeffrey A. Citron Says Increased Clarity in the Broadband
Telephone Marketplace Means Subscribers Will Enjoy More Innovation,
Greater Savings

WASHINGTON, Nov. 9 /PRNewswire/ -- Today the Federal Communications
Commission (FCC) found that Vonage's Voice over Internet Protocol
(VoIP) phone service is "interstate" in nature, meaning that
individual states cannot regulate Vonage as it would a traditional
telephone company, nor regulate the rates, terms and conditions of
Vonage's service.

Vonage CEO Jeffrey A. Citron responded to the news. "This
forward-thinking decision from the FCC assures that competition from
VoIP is here to stay.  Now we can focus our resources exclusively on
building an even better service- rolling out E-911 for all our
subscribers, innovating new features and new devices for VoIP, and
expanding aggressively around the globe.  Because the FCC has
acknowledged the reality of the Internet-which knows no state
boundaries and no borders-more people will enjoy the benefits of
Internet phone service."

"Clarity for the VoIP industry benefits not only the U.S. economy, but
will also drive broadband penetration.  The value proposition is
clear-our customers pay less for the combination of high-speed
Internet and Vonage phone service than they do for traditional phone
service plus clunky dial-up Internet.  It's an upgrade that saves
consumers money, simplifies their lives and gives them features they
can't get from traditional phone service.  The FCC has ensured that
more consumers will enjoy the benefits of this upgrade by providing
clarity in the marketplace," added Citron.

The vote was 3 in favor, with 2 concurring votes, leading to a
unanimous declaration that that Vonage's form of IP-to-PSTN
communications is an interstate service, asserting their sole
jurisdiction over its Internet-based service. The ruling is the third
in a series of IP-enabled services petitions, which establish the role
of the FCC in the regulation of the changing telecommunications
landscape. The order is expected to be issued in two to three
weeks. Please visit http://www.fcc.gov for more information about this
landmark ruling.

About Vonage(R)

Vonage is redefining communications by offering consumers and small
businesses an affordable alternative to traditional telephone
service. The fastest growing telephony company in North America,
Vonage is sold directly through http://www.vonage.com and retail
partners such as Amazon.com, RadioShack, Best Buy, Circuit City,
Staples, Fry's Electronics and Office Depot. With more than 300,000
lines in service, over 5 million calls per week are made using Vonage,
the easy-to-use, feature-rich, flat rate phone service.

Vonage is headquartered in Edison, New Jersey. For more information
about Vonage's products and services, please visit
http://www.vonage.com or call 1-VONAGE-HELP.

SOURCE Vonage
Web Site: http://www.vonage.com

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

From: 73553 <gtgonsulting@gmail.com>
Subject: Panasonic KX-TD 500, Please Help
Organization: SBC http://yahoo.sbc.com
Date: Wed, 10 Nov 2004 04:11:46 GMT


Hi, Does anyone know how to change the ring type for incoming trunk
lines on a kx-td500 phone system. My company HATES the default ring
and I do not see where to change it. Thanks

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

From: meshko@gmail.com (MK)
Subject: Establishing Local Access Numbers in US
Date: 9 Nov 2004 20:41:11 -0800
Organization: http://groups.google.com


Hi,

How do comapnies like ISPs roll out hundreds of local access numbers
all over the country? Do they really have local points of presence all
over the US? I talked to our phone company but they claim that the
only option is to do call forwarding but that sounds very, very
expensive. What is the right way of doing this?

TIA

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

Date: Tue, 9 Nov 2004 20:00:36 EST
From: TELECOM Digest Editor <ptownson@telecom-digest.org>
Subject: Beheaded Trolls, etc


In a message in issue 537, palee@riteaid.com on  Tue, 9 Nov 2004 
10:51:44 -0500 responded to Editor Re: Who Sends This Around? 

>> In TELECOM Digest V23 #536, our Esteemed Editor wrote (in part):

>> Anyone else know anything about this guy?

palee responded:

> All you need to know about this guy can be found at 

> http://members.aol.com/intwg/trolls.htm

I noted in response to palee:

> [TELECOM Digest Editor's Note: I've a hard time accepting that fellow
> (at AOL) definition of 'trolling' or even if it is a valid thing. It
> seems to me that what many people call 'trolling' is nothing more
> than their explanation of why something they personally disagree with
> should not appear on the net. I've been called a 'troll' a few times
> and all I can say is that some of us speak and write the way we do
> because it is our personality. Some of us (most of us, I would hope!)
> write and express ourselves from our personal experiences, the fact
> that sometimes what we have to say offends the virgin ears, eyes and
> brains of some readers is an unfortunate by-product of that. The fact
> that some people are offensive in this way should not mean we should
> always dismiss them as a 'troll' rather than read what they have to
> say (or not). I am still curious to know if anyone has ever met this
> person or has some idea of his background, etc, other than just 
> dismissing him as a 'troll'.   PAT]

and Charles Cryderman <Charles.Cryderman@withheld at request>
responded in the same issue (537):

> Pat,

> First off, the way things are going, please remove my return
> e-mailaddress.

> Now on to my remarks. This guy is just plan nuts. I went and did a
> google on this and found his entire rant. Near the beginning he
> states:

> "PERVERTED FBI agents RAPED, TORTURED, SEXUALLY ABUSED ME for THREE
> YEARS and BEHEADED ME which is 10000 times worse than the SEXUAL ABUSE
> of prisoners by Lyndie England."

> Now I am no doctor or an expert on how the mind works but for some
> reason I have a hard time believing anything this joker had to
> say. This is because of this one paragraph. How many people do you
> know that can live to tell about themselves being "beheaded" Not many
> is my guess.  Well to tell the truth, none.

> Chip Cryderman

Now my problem today is this: that phrase "and BEHEADED ME" did *not*
appear in the original text sent by what palee referred to as the
'troll'. The _original text_ as seen in mid-October and early November
versions of the message (and Google has a million copies of it on line
in their archives, it would seem) read like this " ...ABUSED ME for
THREE YEARS, which is 10000 tunes worse than the ..."

The first instance I found of the altered version of the message to
include ... and BEHEADED ME ... was November 6, in a message posted
to alt.hackers from 'eworly@vanadoo.fr' which altered the original
message posted by this user when they were known as 'vicky' on 
the net and became 'keith'. In an update to the original diatribe
posted that day or earlier by 'keith' he explained why he changed his
email name from 'vicky' to 'keith'. It was because, he alleged, the
FBI had forced one or two ISPs to cancel his email password to 'get
even with him'. That copy of the updated (but still same old message)
I saw at the end of October did not have the 'beheaded me' comment in
it. The first reference I saw to 'beheaded' was in a reply/rebuttal
added to the thread in alt. hackers by eworly@vanadoo.fr where it 
had been clevery edited in to the original sentence by *someone*,
and eworly@vanadoo.fr was the first person I could find who used
that altered phrase in quoting the message. 

What you wish to make of the message (he is/is not a troll) (he is/ is
not a crazy person) is everyone's own judgement call. But, if you will
pardon me, it is just too damn bad when a person goes and sits in the
filthy, stinky toilet stall called "Usenet", and not content with what
someone else has scribbled on the wall has to cleverly edit it to make
it appear ridiculous, as it it were not ridiculous on its own merit,
prior to alteration. So if you wish to go read the message again,
please ignore that 'and BEHEADED ME' addition, which the original
author did *not* include.

PAT
 
------------------------------

From: John P. Dearing <John.Dearing@VerYOURPANTSizon.NET>
Subject: Re: Lost Caller ID Switching Local Service - Need Explanation
Date: Wed, 10 Nov 2004 01:24:11 GMT


Adam Harbour wrote:

> Hi,

> I switched from Verizon to Ztel local service last year and in the
> process lost my caller id service. I am the only person in my street
> that does not have it but ZTel told me that it is not available in my
> area. Here is the explanation from the ZTel engineer. Can somebody
> read and understand it and tell me if it is BS or true and what I
> would have to do to get caller id service back. I really need it for
> both my business and home use.

>                     -----------------------

> "Attempt to add any form of caller id to this ani not available ;
> spoke to repair/ not in switch, not on service order that migrated
> them to ztel/ spoke to business office and verified that no form of
> caller id is available in this switch/ npa nxx/ spoke to customer to
> try to explain there are only a certain # of cid spots in each switch
> and per Verizon this is no longer available in this switch/ cannot add
> cid closing ticket - have called and advised customer.  "

I'm wondering if Ztel is a "reseller" that is simply just repackaging 
Verizon dialtone and is then selling that to you at a discount.

There are several ways for CLECs to provide service. One is to lease the 
"loop" from the ILEC (Verizon) and put *their* dialtone from *their* 
switch and then port your number over to their switch. This is an 
unbundled loop.

Another way for the CLEC (ZTel) to enter into a relationship with the 
ILEC (Verizon) to unbundle the entire service (VZ switch, services, and 
loop) and resell that to you. I believe this is called UNE-P (Unbundled 
Network Element -- Platform). There are things that can and can't be done 
with UNE-P. It may be that Caller-ID is considered by Verizon to be an 
advanced feature and isn't offered to the CLEC to be resold. Same thing 
with Verizon VoiceMail and DSL. You have to be a Verizon customer first 
to qualify for the "value added" features.

Go back to ZTel and ask them precisely *how* your service is being 
provided. If they can't/won't help you, you can always go back to Verizon.


John P. Dearing
A+, Network+
To reply: Just drop "YOURPANTS" in my address! 8-)

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

From: Isaiah Beard <sacredpoet@sacredpoet.com>
Subject: Re: Lost Caller ID Switching Local Service - Need Explanation
Date: Tue, 09 Nov 2004 16:25:37 -0500


Adam Harbour wrote:

> Hi,

> I switched from Verizon to Ztel local service last year and in the
> process lost my caller id service. I am the only person in my street
> that does not have it but ZTel told me that it is not available in my
> area. Here is the explanation from the ZTel engineer. Can somebody
> read and understand it and tell me if it is BS or true and what I
> would have to do to get caller id service back. I really need it for
> both my business and home use.

[SNIP]

> "Attempt to add any form of caller id to this ani not available ;
> spoke to repair/ not in switch, not on service order that migrated
> them to ztel/ spoke to business office and verified that no form of
> caller id is available in this switch/ npa nxx/ spoke to customer to
> try to explain there are only a certain # of cid spots in each switch
> and per Verizon this is no longer available in this switch/ cannot add
> cid closing ticket - have called and advised customer.  "

Adam,

The comments the tech provided are very sketchy and even
contradictory.  But it would would appears the the tech is trying to
claim the that when you switched to Ztel, your number was moved to a
different central office swtich (and he is very likely correct) and
that switch that your number has been moved to is not fully SS7
compliant, and is not capable of caller ID.

In layman's terms, Ztel probably cheaped out and is using
bargain-basement, substandard equipment in your area, that can't
handle caller ID functions.

I find that explanation a little hard to believe, but it is possible.

You mention everyone else in your neighborhood has caller ID.  Have
they too switched to Ztel, or are they still with Verizon?  If still
with Verizon, then the explanation you've been given is likely.  If
you DO have neighbors with Ztel and they do have Caller ID, then it's
possible this tech doens't know what he's doing.

In any case, if CID is important to you, I'd dump Ztel.  If you really
don't want to be with Verizon, there are plenty of VoIP providers
where you can port your number to (Vonage, Packet8, Lingo, and
possibly your local cable company) that do in fact provide CID
services.  You might get better rates, too.

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

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

From: Joseph <JoeOfSeattle@yahoo.com>
Subject: Re: Long Distance Service in California
Date: Tue, 09 Nov 2004 13:42:21 -0800
Reply-To: JoeOfSeattle@yahoo.com


On 8 Nov 2004 11:42:44 -0800, becky210@hotmail.com (becky) wrote:

> I just disconnected from SBC long distance. What other long distance
> service is available?

> [TELECOM Digest Editor's Note: So much is available, we could not
> begin to list it all. Have you considered VOIP service which is
> about as inexpensive as you can get these days, depending on your
> volume of usage, etc. There are *much better* deals out there than
> SBC for sure.  Maybe someone will write you with some suggestions.
> PAT]

For regular LD providers I've always had good luck with
http://abtolls.com who compare the different LD providers and actually
give you the "real" rate vs. the advertised rates including USF and
other fees (such as monthly fees.)  You should be able to find at
least one or two providers that you can get service from for as low as
3 cents per minute with no monthly fees.  Watch out for monthly fees!

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

Reply-To: <vantek@thedigest.com>
From: William Van Hefner <vantek@thedigest.com>
Subject: Re: Any News on the Feds v. Norvergence?
Date: Tue, 9 Nov 2004 18:56:36 -0800
Organization: Vantek Communications, Inc.


Satchel,

There is a press release that the Federal Trade Commission just issued
regarding the Norvergence case at
http://www.ftc.gov/opa/2004/11/norvergence.htm . A copy of the actual
filing
of FTC vs. Norvergence is available at
http://www.ftc.gov/os/caselist/0423184/041104norvergecmplt.pdf .

I found it rather amazing that at least one company agreed to pay as
much as $340,000 for the Norvergence "Black Box". Exactly why a
company would sign such a huge deal without at least showing it to
their lawyer (who should have suspected fraud from the get-go) is
beyond me.

The complaint itself mainly seeks injunctive relief, in order to
release former Norvergence customers from their "Matrix Box"
leases. They have a pretty solid case for that, I believe. 

Unfortunately, the FTC did NOT seek any temporary injunctive relief,
which means that any company that does not make lease payments until
the case is settled is still technically liable, and can be sued by
the banks holding the leases. Thus, it is quite possible that during
the interval period, those who are contractually bound to make
payments may very well be sued by these lease holders, lose, and have
such lawsuits upheld by freezing a company's assets, taking cash out
of their bank accounts, etc. Needless to say, this was a major
"oversight" by the FTC.

Those who live in a handful of states (Florida, Texas, New Jersey) are
in luck though. Each of those state's Attorney Generals have launched
suits against the leasing companies, and residents who hold contracts
in those states are not required to make lease payments, pending the
outcome of their investigation. Other states like New York, Illinois
and Colorado have also launched their own investigations, but have not
provided their state's consumers with any temporary injunctive relief.

The FTC complaint also seeks restitution of legal fees for Norvergence
customers, fines, penalties, and barring Norvergence from offering
leases again in the future. There is just one problem though. THERE IS
NO NORVERGENCE!!! The company was dissolved under Chapter 7 Bankruptcy
law.  Other than the leasing companies, there is no one left to sue.
Norvergence has no one to represent them, because they no longer
exist. Period. Any consumer who is hoping to get any type of
compensation or restitution in this matter is basically SOL, insofar
as the law goes. At best, they may be able to get out of the rest of
their lease payments.

The law does not provide for restitution from a corporation that no
longer exists. The only way such a thing could be done is if a
complaining party can prove that the officers and shareholders of the
company intentionally set out to defraud them criminally. In that
case, consumers could go directly after the corporate officers and
shareholders of Norvergence.  This is commonly known as "piercing the
corporate veil". In this particular action, no entity that I am aware
of has targeted the officers or shareholders for personal liability or
criminal prosecution though. It is very rare for any entity or
government agency to be able to be able to prove criminal intent in
cases such as these, so most don't even try. It would probably bust
the budget of most states or even the FTC itself to hire enough
lawyers to be able to build a winnable case of this kind. Even if they
did, the officers and shareholders of Norvergence likely have their
money packed away in Swiss bank accounts by now, so any award would 
likely be meaningless to consumers.

The moral of this story is, don't depend on the government to bail you
out of a bad business deal, no matter how screwed up it is. Once they
have your money, it is likely gone for good. Do your due diligence on
matters of such importance. An ounce of prevention is worth a pound of
cure in matters such as these.


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


> From: dor@writeme.com (Satchel Paige)
> Subject: Re: Any News on the Feds v. Norvergence?
> Date: 8 Nov 2004 21:34:47 -0800
> Organization: http://groups.google.com


> What kind of recourse do I have? I originally reported Norvergence
> to the FTC in September of 2003. I then posted Norvergence's fraud
> here to warn everyone about them and to ask everyone to report
> Norvergence to the FTC as well.  Norvergence sued me. And because I
> could not afford to travel from California to New Jersey, let alone to
> hire a New Jersey attorney, a default judgement was passed against
> me.

> [TELECOM Digest Editor's Note: Good question.    PAT]

[TELECOM Digest Editor's Note: Mr. Van Hefner, with no more
Norvergence, who is there now to enforce any judgment obtained
against Satchel Paige? Or is the judgment entered against him now
technically at least the property the Bankruptcy Trustee as one of
the 'assets' due the creditors of Norvergence, i.e. miscellaneous
recievables due Norvergence. My other question is, consider the
poor business people who paid out good money to the finance 
companies. If, as we suspect, the leases are all overturned by
the court, then cannot the victims of the fraud (the business
people) turn on the finance companies and banks and sue them for
the return of what they *did* pay? In other words, the banks  and
finance companies get it twice: once from (no more) Norvergence
and once from 'debtors' suing them to get back what they paid
in on their leases. I really hope the banks and finance companies
get the screws turned on them so badly; you know at least some of
them had to be in on the scam along with Norvergence.   PAT]

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

From: Frank D. Reynolds <FrankDReynolds@hotmail.com>
Subject: I Have VoIP2 and Experience Flawless Service
Date: Wed, 10 Nov 2004 00:26:31 -0500


I have read the negative comments by some people about the thresholds
of VoIP2's "Small World" plan, and I disagree with their comments.

I have had VoIP2's service from the companies inception, I have never
had a problem with their service or billing.

I call various parts of the world on a daily basis, and use a
substantial amount of time on the phone. If I have not had a problem,
why have others?

Remember, there are always two sides to every story.

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

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