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Mass Email re illegal Video Services Unknown origin
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From: LOTP E&SOC a href="mailto:lotpesoc@gmail.com" target="_blank" style="color: rgb(0, 0, 204);">lotpesoc@gmail.com>
Date: Mon, May 24, 2010 at 4:29 PM
Subject: IMPORTANT: OpenBand News
To: lotpesoc@gmail.com
In the May 12 meeting of the Loudoun County Cable Commission, the public learned that OpenBand has been providing Video Sevices illegally since they allowed their mandatory franchise agreement to lapse 11 months ago. According to our HOA Agreement with Openband, Section 8.8 Severability; Compliance with Laws, OpenBand's provision of services to Lansdowne residents "shall be subject to and comply with all applicable federal, state and local laws, regulations, codes, ordinances and administrative orders having jurisdiction over the parties, property or the subject matter of this Agreement."
Simply put, we asked the Board and CMC to immediately discontinue collecting from residents the approximately $50/month for video services beginning with the June 2010 HOA dues. Below is the NOTICE.
May 19, 2010
TO: Lansdowne On The Potomac HOA BOARD, John Whitbeck, Lansdowne On The Potomac HOA BOARD, President
Community Management Corporation, Bill Boos, General Manager, CMC
Last week on May 12th, a meeting of the Loudoun County OVS (Cable) Commission hearing brought to our attention that OpenBand at Lansdowne, LLC is currently operating without a franchise agreement to provide video services in Loudoun County and to our community. Their franchise agreement for the operation of an open video system in Loudoun County, which was granted to OpenBand Multimedia, L.L.C., was terminated in June 2009. They are subject to the Loudoun County OVS Ordinance requiring subsequent renewals of such franchise agreements as part of the requirements for providing video services. As OpenBand proceeds to operate without this agreement, and while they seek a reinstatement of such an agreement, Lansdowne HOA and Lansdowne as a community has a very important opportunity: to enforce the provisions of the agreement between OpenBand at Lansdowne, LLC and Lansdowne on the Potomac HOA dated July 24, 2001, and find OpenBand at Lansdowne in violation of Section 8.8- Severability; Compliance with Laws of said agreement. This is a window of opportunity for eliminating the contractual obligations for Mandatory Video Services to Lansdowne residents. This is appealing because it would reduce HOA fees and allow for residents to have a say in which provider they want to use for video services, as many residents have already satisfied their video needs with other satellite service providers. This could also potentially pave the way toward renegotiation of the contract with OpenBand, which many Lansdowne residents feel provides inferior technological services and is overpriced when compared to comparable service providers.
Time is of the essence and we ask that the Lansdowne Board of Directors pursue our community's best legal interests with respect to the above-mentioned contract violation. Therefore, we the undersigned, members of the Lansdowne on the Potomac Homeowner’s Association, hereby provide notice to the Lansdowne Home Owners Association board and their Association management company Community Management Corporation of this breach of contract, and as members of the Lansdowne community we hereby demand that the Association Board and Community Management Corporation terminate the video portion of the contract with OpenBand and immediately revise the assessment procedures to eliminate that portion of the monthly HOA dues comprising the Video Services of the Mandatory Services as defined in said Agreement, and cause such necessary amendments to effect the requested changes to the Agreement and to the Three-Way Agreement under Section 2.2.1 of the Agreement.
- Residents of Lansdowne pay approximately $50/month, included in our HOA dues, for OpenBand Video Services. It appears we should not have been required to do so since the franchise elapsed 11 months ago.
- Rest assured that a provision of the franchise agreement, specifically Section 5.9.1, assures video subscribers the right to continue receiving services from OpenBand until another franchisee is in place. Subscribers who continue to receive video services from OpenBand under this rule will have to pay OpenBand for those services.
- For those residents who have already obtained alternate satellite video services, it appears you will no longer be required to double pay.
- Coincidentally, in the current issue of the Lansdowne Connection delivered this weekend, there are instructions on how to receive free over-the-air television.
- We, an unofficial LOTP HOA OpenBand group, have been working very closely with the Broadlands Southern Walk community who have retained counsel in order to challenge their near identical OpenBand contract. According to their counsel, there are grounds to challenge the contract, but that can be a long and costly process. OpenBand's failure to renew their franchise agreement opened a much easier avenue of redress.
- Here is some information the Broadlands Southern Walk community has provided to Loudoun County and the media:
- According to local realtors, homes in the Broadlands Southern Walk community tend to stay on the market nearly 30% longer and sell for nearly 27% lower than comparable homes in the area (even as close as Broadlands North, which is not serviced by OpenBand).
- Communities similar to ours have become either financially non-viable or outright undesirable to potential homeowners because the mandatory HOA's telecommunications assessments which exceed $155 a month make it more difficult to qualify for a mortgage in SW & LOTP communities.
- Another factor is the actual service provider itself, Openband, LLC, that provides far inferior video services than other Loudoun County franchise holders, Comcast and Verizon, and satellite providers.
- Openband Communications has a 65+ year contract with the SW & LOTP HOAs.
- Thousands of dollars have been eroded in the community's general ledger due to the contractual clause that even if a home is in foreclosure or the owner is in bankruptcy, the HOA is still obligated to pay OpenBand for services.
- Here is an approximate breakdown of OpenBand vs. other providers of video services:
OpenBand $149 for Video Voice Internet - 780 month agreement
Verizon FiOs $109 for same service/more features (40+ more channels, larger local calling area, digital voice, caller id and symantc IP), 24 month agreement
Comcast $99 for same service " ^^^^see above, 24 month agreement
Cox $89 for same service, 24 month agreement
DirecTV(Video) $29 for 28+ more channels, 12 month agreement
Dish(Video) $25 for 12+ more channels, 12 month agreement
Please do at least one or more of the following to help us effect a fair OpenBand agreement for our community, to allow resident choice in video providers, to reduce our monthly HOA dues, and to increase the value and marketability of our homes.
Immediately Email our Board and let them know you expect the HOA dues to be immediately reduced by the amount paid for the illegal video services provided by OpenBand and copy our management company, CMC.
Immediately Email our Loudoun County Board of Supervisors and Cable Commissioners and let them know they should deny OpenBand any renewal of their franchise to deliver video services based on their substantial inferiority to other Loudoun County providers and failure to operate under their franchise agreement and the laws of Loudoun County.
sally.kurtz@loudoun.gov, scott.york@loudoun.gov, susan.buckley@loudoun.gov,
jim.burton@loudoun.gov, lori.waters@loudoun.gov, stevens.miller@loudoun.gov, supervisor.kelly.burk@loudoun.gov,andrea.mcgimsey@loudoun.gov, eugene.delgaudio@loudoun.gov
Robin Bartok /font>robin.w.bartok@loudoun.gov>,
Go to this official county link to complain to the Cable Commission: http://www.loudoun.gov/Default.aspx?tabid=3078 Next meeting is July 14, 7pm at the Loudoun County Government Center. Residents can speak there.
Thank you. Your time and consideration are greatly needed and appreciated.
Sincerely,
Replies to This Discussion
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Permalink Reply by Mike Cravens on -
Dear "fellow LOTP Residents,"
Seems very thorough and legit; I agree that OpenBand needs to go.
The only question I have is who are you? You were very specific on who we should contact but then purposely hide your name? Seems very odd.
Mike Cravens
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Permalink Reply by Michael Denzin on
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I agree..."We, an unofficial LOTP HOA OpenBand group, ..." Who is the unofficial "we" in this? Although, I have a guess as to who it might be.
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Permalink Reply by John Whitbeck on -
Hello Everyone,
This notice referenced was delivered to the Board at our last meeting by Lansdowne resident Robin Crabtree. She also has previously indicated she formed the LOTP E&SOC in communications to the Board. Ms. Crabtree and the LOTP E&SOC do not speak on behalf of our Association.
The Board is working on the Openband issue with our attorneys and will be communicating with the community as to our efforts and next steps in the near future.
John Whitbeck
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Permalink Reply by Mike Cravens on
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...and for using your real name.
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Permalink Reply by LansdowneMom on
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All,
The LOTP E&SOC (Lansdowne on the Potomac Ethics & Spending Oversight Committee) is not just Robin, but made up of several Lansdowne Residents. While Robin and I do not mind being named individually, some residents wish to remain behind the scenes. We all have been attending meetings of the county OVS commission to “keep an eye on OpenBand” and have been meeting with Broadlands residents to collaborate on possible resolution regarding the OpenBand contract.
We do not want the OpenBand issue to be a political issue in Lansdowne. It affects everyone and can eliminate about $600 a year per household from our mandatory HOA dues. It will also give us a CHOICE in video service.
Please sign the petition at http://moshmouth.com/OBPetition.php that we plan on forwarding to the County Board of Supervisors to allow Lansdowne and Broadlands residents to opt out of the mandatory video services provided by OpenBand.
Nancy Abramson
See Lansdowne HOA group on Facebook!
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Permalink Reply by Mike Cravens on
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Nancy,
Thanks for the response. Did anyone follow-up and confirm that the actions outlined in the letter won't conflict or impair the official efforts being taken by the Lansdowne HOA?
Based on what John Whitebeck wrote earlier, it seems that they are on top of this situation. Let's not work against each other. I fully support your efforts so long as it's in tandem with the HOA and the people behind it are willing to do what they are asking me to do - put our names out there.
Mike Cravens
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Permalink Reply by JLL on -
These "committee members" are so "behind the scenes" that they must be invisible to everyone except you. How can you claim that "We all have been attending meetings of the county OVS commission to keep an eye on OpenBand..."? At the March OVS Commission meeting, you were there as well as one other Lansdowne resident who may be one of your committee members. (I can exclude the few other Lansdowne residents who attended from your membership list.) That's two people, one of whom is you. At the May OVS Commission meeting, Robin and I were the only citizens in the room. That's one more (Robin). Maybe the other "committee members" were there in spirit...
The OVS Commission is scheduled to meet every other month. Here is a link to the Commission meeting minutes:
http://www.loudoun.gov/Default.aspx?tabid=326&fmpath=/CTVAC/Min...
Notice how the minutes continue to refer to a franchise representative for OpenBand? Notice how the November 2009 minutes acknowledge that OpenBand is seeking to renew its franchise and that the Commission appointed a representative? Is the Commission engaging in "illegal" behavior by asking for and receiving franchise reports from OpenBand? Isn't it for the County (the party that grants the franchises) to say if an organization is "unlawfully" providing video services? If the County makes such a determination, so be it. We will act accordingly, but can we let an authoritative body make the decision first? And who is responsible for OpenBand's failure to renew its franchise in a timely manner? OpenBand? The Commission? The County?
OVS Commissioners were quite clear at both the March and May meetings that their mission concerned video services and that they could not and would not get involved in contractual issues between video service providers and HOA.
But let us not ignore the Southern Walk connection. Here is a link to a discussion of the franchise agreement on the Broadlands OpenBand discussion board:
http://www.broadlandshoa.org/hoaforum/showthread.php?t=20834
We see that "Calpurnia" posted the first half of the "Ethics and Spending Oversight Committee" message on May 21, three days before disseminating the larger message to Lansdowne residents. So a Lansdowne "committee" reports first to Southern Walk and then to Lansdowne? I guess the response wasn't quite what was expected. One SW Board member expresses his concerns about the approach, and another with whom you have publicly stated in HOA meetings that you are working, goes mum and simply says that the HOA is working on it.
You're correct that this should not be a political issue. Nor should it be clouded by hysteria and incomplete information. I post this at the risk of being labeled an Openband contract apologist or OpenBand supporter. I am neither. I, and my fellow Board members, strive to serve the interests of the entire community on this and all other issues. We too have spent many months on this topic and anticipate many more. We will continue to take a measured, rational approach. We will not be harassed into disclosing privileged information or strategies, legal or otherwise.
Real, official HOA committees are made up of flesh and blood people, who proudly have their names listed in the membership lists published in the Connection and in minutes posted on the HOA web site. These amazing volunteers work openly to serve our community.
Janine Leete
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Permalink Reply by james on -
I saw an article about John Whitbeck speaking at a hearing a couple months ago. The last official update we got was all about how great the new HD channels are - not how we need to know that they aren't legal. I really appreciate being told about this now and I can't help but feel let down by the people who should of told us before.
I think we need to know right now 1) will our dues be lower in June? 2) will we get a refund since June 2009. I for one have had Dish all along and wish I had the $50 a month since then. 3) will this information be sent to the community by the board now? Folks have a right to know. 4) exactly what has the board done so far and when?
I will appreciate answers asap so we know what to do.
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Permalink Reply by mark and lorraine whitton on -
I would support stopping the mandatory payment of cable video fees to Openband as part of our HOA dues. Their service is so bad we pay for satellite TV now. How can they get away with not getting and presumably paying for a franchise license? Why is the county allowing them to do this?
Mark Whitton
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Permalink Reply by james on
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Is this an official answer from the board, Janine? If I remember, robin and nancy have been asking to form a openband committee for some time. I don't have any trouble defining "illegal" and I don't need the county to tell me about openband. Why are you so defensive? this is a community problem and from where i'm standing, robin and nancy have set the bar.
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Permalink Reply by JLL on
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Is this an official answer from the board, Janine? No. Opinions expressed under my name on this forum are mine alone. Any official response from the Board would be identified as such.
If I remember, robin and nancy have been asking to form a openband committee for some time. Too true. Lansdowne’s loss is Southern Walk’s gain. I’m sure the Southern Walk HOA Board is tickled pink to have some of its legal strategy disclosed on public forums. Or maybe that is the strategy…hmmm…
I don't have any trouble defining "illegal" and I don't need the county to tell me about openband. Perhaps, but it may come down to lawyers to apply the definition, and the County is the only one handing out the open video service franchises.
Why are you so defensive? Not entirely sure which of my statements you interpret as defensive, unless you are referring to my explanation of a real vs. imaginary committee. As to my reason for posting, in part it was because I saw in Nancy’s remarks a…well, let’s not call it a lie, let’s call it a gross misrepresentation, and felt compelled to contribute to the discussion. As these are my opinions you are free to disregard them. I provided the supporting data so that readers could draw their own conclusions.
This is a community problem and from where i'm standing, robin and nancy have set the bar. Your support of Robin and Nancy is evidenced by your prior postings. They are lucky to have such a good friend.
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