Update was Re: [NANOG] Level3 not honoring Broadwing contracts?

Thu May 29 19:58:35 UTC 2008

Update to below (sorry for top-post, but not everone needs to read the 
original post).

Thanks in part to the pro-bono efforts of two very good attorneys: Nachman 
Yaakov Ziskind, (awacs at ziskind.us) (nanog list member who kindly 
emailed me when I sent this to the list) and my father in law, Level 3 has 
acknowledged that my contract is still in term and will honor their 
contract until it expires in August of 2009.

The contract has a provision for paying only the undisputed portion of 
disputed invoices, provided formal notice is given, so I followed it and 
CC'd the director of colo services who sent me the original letter of 
intent to raise my pricing, along with Mr. Ziskind's letter and it got 
taken care of.

Thank you to everyone who responded to this last month.  If anybody else 
is having similar issues and would like more information, please don't 
hesitate to contact me off-list.

On Mon, 28 Apr 2008, up at 3.am wrote:

>
> In 2006, I signed a 3 year contract with Broadwing for a 1 cabinet
> colocation with 6Mbs dedicated for under $1,000/mo.  A few weeks ago,
> about halfway through this contract, I get a letter from Level 3's
> "Director of Colocation" that they are going to raise my price by several
> hundred dollars a month.
>
> I spoke with my new Level 3 rep, and he just notified me that their legal
> deparment confirms that all they have to do is give me 30 days notice to
> increase their price.
>
> This does not make sense to me.  I am bound to a 3 year contract, where I
> have to pay them the rest of the term if I were to leave early, but they
> can jack up the price by 40-50% during that time, arbitrarily?  I do not
> see that provision in my contract, and would rather avoid legal expenses
> if possible.  Has anyone else had to deal with this sort of thing from
> Level 3?
>
> TIA,
>
> James Smallacombe		      PlantageNet, Inc. CEO and Janitor
> up at 3.am							    http://3.am
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James Smallacombe		      PlantageNet, Inc. CEO and Janitor
up at 3.am							    http://3.am
=========================================================================