I have to complement the BOD when they do the right thing given how critical I can be.  They sent this out tonight.  What is important in here is that the BOD will be asking the county NOT to renew the franchise.  This is the right move and a long time coming.

 

Text of blast:

 

OpenBand Franchise Renewal - Board of Supervisors Public Input Session

Attention Residents:

Consideration of the OpenBand franchise renewal is on the Board of Supervisors' agenda for action during their regular business meeting this week. Residents will have an opportunity to comment on the OpenBand Franchise Renewal tomorrow night, November 1, 2011 beginning as early as 6:30pm. Please take the opportunity to appear and speak to your position on the matter in public or to write the Board of Supervisors at bos@loudoun.gov.

The LOTP Board of Directors is today writing a letter to the BOS requesting denial of OpenBand's franchise renewal.


Last Friday, October 28th, oral arguments for OpenBand's Motion to Dismiss our lawsuit were heard in federal court in Alexandria. Judge Trenga did not rule from the bench. He is preparing a formal, written decision to be handed down soon.
All motions and responses as well as the lawsuit may be found on the community website, www.lansdownehoa.com.

Link to Agenda, Public Input Session November 1, 2011 6pm Public input may begin as early as 6:30pm

http://www.loudoun.gov/controls/speerio/resources/RenderContent.aspx?data=20c4db74db4245a8a503ba57410cc520&tabid=312&fmpath=%2fBusiness+Meeting+Packets%2f2011%2f11-01-11+and+11-02-11+BOS+Meeting+Packets%2f

Link to OpenBand item:

http://www.loudoun.gov/controls/speerio/resources/RenderContent.aspx?data=a6c5d866031a40b28d9ab02eebb27970&tabid=312&fmpath=%2fBusiness+Meeting+Packets%2f2011%2f11-01-11+and+11-02-11+BOS+Meeting+Packets%2f

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I would say that perhaps the issue is *NOT* with OpenBand, but instead your interior wiring. I have a DVR and we watch all of or TV timeshifted, but we don't get blackouts or other frustrating issues with our TV service...I mean, if it *WAS* Openband, we all get the same Openband, so we all would be getting blackouts and spotty TV service, right? Your builder probably damaged the cable system in your house when it was built.

Lansdownetribe said:
You are very lucky, and in the minority. Our TV service is awful - blacks out constantly. Very frustrating. Most people have given up and pay the extra for Direct TV. We're paying way more than we should be ($150/month is way too high, was possibly competitive 7 years ago, but not now).

Yes FiOS is 20mbps.

If you are getting 80 MB/s that is about 640 mbps which is actually quite crazy. Although I am going to doubt it because that would require a gigabit ethernet port and I think the fiber modem only has a 100mbit ethernet port (100mbps is around 12 MB/sec). Correct me if I am wrong. I've never had a connection that fast at work or otherwise. I thought people were getting 30mbps with open band. If it really is 80 MB/s nobody else will be able to touch that. Have you tested with speedtest.net?

I opened a ticket on Saturday, because I couldn't rent a movie from VOD service. I was told, I would receive a call back on Monday to speak with a technician.

You may not have OpenBand for ANY service if the Attorney General finds anti-trust violations.

Personally, I have had few TV problems (although I don't have top tier service plan) and occasional telephone problems, but TONS of internet issues.  Here's the problem, however.  We are locked into this provider for the rest of our lives, virtually.  They have exclusive easements on our property, so we don't have a choice to use them or not at this point.  We have to pay for phone service when many of us would use only cell phones given the opportunity.  AND, there is no requirement for OpenBand to upgrade their services and remain competetive with other providers.

So, that "high speed" service you have now will be a dinosaur in a few years, and you will be stuck with it...NO CHOICE. 

 

Again, the franchise agreement is seperate from the anti-trust and contract issues (3 issues).  If OpenBand is found to have anti-trust violations, then the contracts are likely going to be unenforceable, and then we can choose who we want. for our servces, without the contracts which only expire at the whim of the provider.  

As it is now, NO ONE can come into YOUR property to provide service (whether you want to pay extra or not), except OpenBand....this means that you have no say over who enters your home or your property to provide service.  They own exclusive easements into your home which can only be terminated when they are darned good and ready. What happens if you find yourself having to move, or unemployed?  You STILL have to pay for service, whether you use it or not, for the next 65years, or so....even if service is no longer "state of the art".

 

If OpenBand would negotiate and resolve some concerns (exclusive easements, long-term contracts) I think some of us would keep their service -- with the understanding that they keep advancing their technology.  Without competition, there is no requirement or motivation for them to do so.  It would be better for OpenBand to negotiate a good and fair contract, but they have refused.

I write this now as our 5th set-top box is breaking down.  Although our TV would interface with other services so we wouldn't need a set-top box, OpenBand is not capable of such an interface, and hasn't been since we bought it 5 years ago.  Then it was too new, now it is still too new. 

Who do you want saying who can and can't enter your property, you or OpenBand? Who do you want making decisions what services you have and how much you pay, you or OpenBand? 

Ed Kummel said:

OK...so this is only for TV? You're saying that OpenBand will still service our phone and internet but not our TV? How is *THAT* going to work? We're going to unbundle cable, go with another provider and pay them for cable, then pay OpenBand for Internet and Phone....Um....that's not going to work. If we go with Verizon, they use the same customer device for all three services...Plus, we will be paying *MORE* for two different companies than we are with just one.

And I guess I'm one of the minority as well...

I have *NO* problems with TV or phone, and whenever I open a ticket for internet service, it gets resolved immediately! In fact, when my Fiber MUX power supply died on me late one Saturday afternoon, after business hours, an OpenBand technician drove to my house, gave me a new powersupply and waited for me to confirm that this fixed my problem before he left. Try and get *THAT* level of service from Comcast or Verizon!

My internet connection with OpenBand is beyond anything I could ask for from any of the other providers. I regularly pump 20-30 gigs of data through my network connection monthly through my static IP that I purchase separately from OpenBand. With AT&T capping user's bandwidth, and other providers like Verizon and other ILECs looking to follow suite, I am afraid that anybody else would charge a premium for the service we get from OpenBand.

I'm afraid that if we pursue this action, we may be jumping from the frying pan and into the fire!

Thanks for your feedback Larry.  Personally, we're in the minority too, as our service has been very good (not excellent, but better than good) over the last 7 years.  Morever, I think their online service (trouble ticketing and paying bills, etc.) is very good and their live support is very good when I've called in.  Note, I worked for one of the world largest telecom providers for, so I understand the customer service end.

 

We do have the occasionally blip but we're not huge TV watchers, so it's relative.  That said, I do value competition and prefer not to be locked into a long term lease that doesn't include upgrading service, etc., and other areas you point out.  My only comment about those 'unhappy' with Openband's exclusivity arrangement is that...isn't that what everyone bought into when the bought into this LOTP?  I don't think anything has changed from what the Sales agents told us about no other vendors being able to come in.  At the end of the day, I think what you're doing is the right thing and want to thank you for your effort.
Lansdowne Larry said:

You may not have OpenBand for ANY service if the Attorney General finds anti-trust violations.

Personally, I have had few TV problems (although I don't have top tier service plan) and occasional telephone problems, but TONS of internet issues.  Here's the problem, however.  We are locked into this provider for the rest of our lives, virtually.  They have exclusive easements on our property, so we don't have a choice to use them or not at this point.  We have to pay for phone service when many of us would use only cell phones given the opportunity.  AND, there is no requirement for OpenBand to upgrade their services and remain competetive with other providers.

So, that "high speed" service you have now will be a dinosaur in a few years, and you will be stuck with it...NO CHOICE. 

 

Again, the franchise agreement is seperate from the anti-trust and contract issues (3 issues).  If OpenBand is found to have anti-trust violations, then the contracts are likely going to be unenforceable, and then we can choose who we want. for our servces, without the contracts which only expire at the whim of the provider.  

As it is now, NO ONE can come into YOUR property to provide service (whether you want to pay extra or not), except OpenBand....this means that you have no say over who enters your home or your property to provide service.  They own exclusive easements into your home which can only be terminated when they are darned good and ready. What happens if you find yourself having to move, or unemployed?  You STILL have to pay for service, whether you use it or not, for the next 65years, or so....even if service is no longer "state of the art".

 

If OpenBand would negotiate and resolve some concerns (exclusive easements, long-term contracts) I think some of us would keep their service -- with the understanding that they keep advancing their technology.  Without competition, there is no requirement or motivation for them to do so.  It would be better for OpenBand to negotiate a good and fair contract, but they have refused.

I write this now as our 5th set-top box is breaking down.  Although our TV would interface with other services so we wouldn't need a set-top box, OpenBand is not capable of such an interface, and hasn't been since we bought it 5 years ago.  Then it was too new, now it is still too new. 

Who do you want saying who can and can't enter your property, you or OpenBand? Who do you want making decisions what services you have and how much you pay, you or OpenBand? 

Ed Kummel said:

OK...so this is only for TV? You're saying that OpenBand will still service our phone and internet but not our TV? How is *THAT* going to work? We're going to unbundle cable, go with another provider and pay them for cable, then pay OpenBand for Internet and Phone....Um....that's not going to work. If we go with Verizon, they use the same customer device for all three services...Plus, we will be paying *MORE* for two different companies than we are with just one.

And I guess I'm one of the minority as well...

I have *NO* problems with TV or phone, and whenever I open a ticket for internet service, it gets resolved immediately! In fact, when my Fiber MUX power supply died on me late one Saturday afternoon, after business hours, an OpenBand technician drove to my house, gave me a new powersupply and waited for me to confirm that this fixed my problem before he left. Try and get *THAT* level of service from Comcast or Verizon!

My internet connection with OpenBand is beyond anything I could ask for from any of the other providers. I regularly pump 20-30 gigs of data through my network connection monthly through my static IP that I purchase separately from OpenBand. With AT&T capping user's bandwidth, and other providers like Verizon and other ILECs looking to follow suite, I am afraid that anybody else would charge a premium for the service we get from OpenBand.

I'm afraid that if we pursue this action, we may be jumping from the frying pan and into the fire!

Eric:

Thanks for the vote of confidence.  I do need to clarify that the Communications Services Agreement, a three-way agreement that the homeowners signed at closing, states that homeowners may, at their sole discretion, obtain any telecom services from "any and all other providers."  Personally, my sales agent confirmed that statement, but I agree there could have been differing statements from other sales personnel and OpenBand reps.  Additionally, in my book of covenants I received at contract signing, page 2 of the Memorandum of Inclusion was missing.  That is the page that states the contract with OpenBand is for an initial term of 25 years.  I have confirmed this was the case for other homeowners.  Who knows how many books were missing this key information?  As we all know, no one received a copy of the actual contract that provides for a term of 75 years total, 65 unilaterally optionable by OpenBand.

 

In my eyes, there is right and there is wrong.   I hope everyone will read the lawsuit.  It was the right thing to do for LOTP. 

Best regards,

Robin

A quick note technically.  It seems that there are varying quality issues depending on where you live in Lansdowne.  This may be due to infrastructure issues that are localized.  When it comes to speed tests, this seems to be the most varying.  One thing to note is that the only speed test which is truly valid is one you run by connecting directly to the media converter.  Anything else may have elements in the line that slow the connection like your router or wiring quality in your home.

 

I will say that 100 mbps internet far exceeds what almost all residents need or would ever notice the difference with.  Few would notice the difference between 8 mbps and 100 mbps in most applications.  It would be ideal if we had a provider which provided tiered internet speed pricing so that the many residents who have no need for 100mbps speeds would not pay for it.  That is choice.

 

And for those who keep saying this is a minority who wants to end the agreement with Openband.  You are wrong.  It is the overwhelming majority.  All evidence points to that.

 

One last note.  Ending this agreement with Openband DOES not mean automatically getting rid of Openband.  It means putting out bids and getting choices.  Maybe Openband would be the choice.  I would be against that, but that could happen.

 

 

 

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