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

  • From: up
  • Date: Thu May 29 16:05:21 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, ([email protected]) (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, [email protected] 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
[email protected]							    http://3.am
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James Smallacombe		      PlantageNet, Inc. CEO and Janitor
[email protected]							    http://3.am
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