Subject: Re: USA Dish complaints?
From: Jim Thomas (jthomas@math.niu.edu)
Date: Thu May 29 2008 - 13:26:44 CDT
A long explanation:
Shiju, there is no easy resolution to the Roddy problem. You should
call Dish Network (their number is on the bulletin board across from
the rear elevator), ask for a supervisor, and let them know that their
provider is not distributing service in our building.
This is repeating old information, but just as a reminder of what
we face:
We know that many people are frustrated with Roddy and enraged at his
failure to provide service, an on-going problem for years, but
especially for about the past 18 months. Our contract, binding until
August, 2010, leaves us few options. It specifies that if the provider
(Roddy) isn't meeting his contractual obligations, we can send a
notice of non-compliance, and he has 30 days to rectify the problems.
If he rectifies them, the clock is re-set. The First Properties attorney
has sent at least two letters of non-compliance in the last few years.
Roddy rectified the specified problems within the required 30 days,
meeting the letter of the contract.
The service problems have grown worse, and the Board continues to
explore a resolution. We emphasize that the issues are complex:
1) Legal issues: The contract is binding. If the Board terminates it
unilaterally, we risk long litigation that could run beyond two years,
we might not prevail. If we did prevail, it could still be a win-lose
situation because of costs and possible disruption of service.
2) We have contacted other providers. While one of them, Comcast, might
be willing to come in and deliver service, the Association could still
be liable for violating the contract, which gives Roddy, and Roddy only,
exclusive right to provide service. Nonetheless, we are exploring this
option.
3) Disruption of service: If the Board unilaterally cancels the
contract, it is possible, even likely, that there would be no service
to the building for several months.
4) If the Board takes any action that would lead to disruption or
cancellation of service, it would be unfair to those in the building
who like Dish and would be excluded.
5) It might be possible to negotiate a resolution with Roddy.
Whatever action we take, it's critical that we can document complaints,
that we can demonstrate that the complaints reflect non-compliance with
the contract, and that we have a strong case.
Many of us have switched from Big Skyz Internet service to AT&T's DSL.
It's far faster, highly reliable, doesn't cost much more, and you get
far more for your money.
It might seem like the Board is doing nothing, but we're trying to find
an equitable solution that protects the interests of all parties.
Jim
On Wed, 28 May 2008, Shiju Elakkatt wrote:
> I have a new tenant moving into my unit on May 30. Both myself and my
> tenants have been trying to reach Roddy for the last few weeks. We have
> both left repeated phone messages and I have sent him at least three
> emails. I have called 269-759-8819 and 630-539-1154 and 847-776-7867 and
> left messages with no response. This afternoon when I called the
> 269-759-8819 number the mailbox was full and I could not leave a message. I
> am so frustrated right now and I don't know what to do. How can we be tied
> to a cantract in which one party is not fulfilling his obligations? Is my
> tenant supposed to go without television service indefinitely because this
> guys is not responsive? Any thoughts on how this can be resolved would be
> greatly appreciated.
>
> Shiju Elakkatt
> 703
>
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