Bells race against time

Even in the US the Bells are losing heavily to the Cable guys, who are bleeding them to death next too,  and in desperations  the Bells are  looking for any other possible sources of revenues.. *** But had they not abused, screwed their customers so often, the customers would not have so readily transferred to the cable ISPs. When the past Bells customers do  transfer to cable  they take not just their internet services es but their phone lines and next they rarely come back to the Bells too.. and the Bells revenues go down seriously.
 
Now “Baby Bells are in a race against time, trying to get their video services rolled out before they lose their grip over their core franchise: the voice customer. It is critical for the phone companies to keep people talking on their lines, if they want to sell them broadband and video services in the future, a point we had made earlier.UBS Research report shows that dark ominous clouds have gathered over the Bellville, and provides a statistical support for my thesis. 

  • In the fourth quarter 2006, the Bells lost 5.1% of homes served on an annual basis, driven by increasing cable voice net adds. Consumer revenues skidded as a result.
  • Currently, in the US Bells pass roughly 97 million homes and serve 64 million on a retail basis, about 65% penetration of homes passed. That’s down from 68% penetration a year ago.
  • Cable is eating their lunch. The top seven cable companies added 964,000 new telephony subscribers, getting to a total of about 8.3 million voice subscribers (estimated) or about 7.3% of U.S. households, up from 4.5% a year ago. The independent VoIP players have 2.6 million subscribers. The total cable & VoIP competition represents nearly 10% of the U.S. households, versus 6% of US households a year ago.
  • The consumer ARPU could not completely offset volume declines. Broadband revenues are slowing as well, mostly due to increased penetration.

 

Bells got $34 in average DSL revenues in the fourth quarter, down 9% annually, and only added 1.138M new subscribers in 4Q, down 18% annually and 3% sequentially. The Bells now penetrate 33% of homes served with broadband, up from 31% in the 3 quarter 2006 and 25% a year ago. AT& T leads the group with 39% penetration, followed by BellSouth at 34%, and Verizon and Qwest at 29% each.  DSL revenues are becoming a larger portion of the Bell revenues – about 20% of consumer ARPU, and any access line losses means that that the bells’ addressable market for DSL (and video) services declines quite a bit. Among the Bells, AT&T generated the highest contribution from DSL at 21% and Verizon the lowest at 18%. http://gigaom.com/2007/03/05/bell-accessline-losses-4q2006/

“Pike & Fisher calculate that the Bells — AT&T, Verizon and Qwest added 755,000 net broadband customers in the fourth quarter of 2007, the lowest level in five years. As we have noted earlier, broadband growth is slowing in the U.S., and we should expect more intense marketing battles.” http://gigaom.com/2008/02/22/bell-broadband-stalls/
 

***  Bell Canada

Well here again I sit and write about a multi-billion dollar corporation screwing its’ customers any way and every way it can.  This time it is the god of phones, Bell Canada.

After my move in early December 2007 I left Bell’s service for Phone and Internet to go with Rogers……yes I know from the sublime to the ridiculous.  Anyway, Bell’s Internet Service sucked, so I took it along with my phone to Rogers (the phone went because I could not pass up 6 free months).  The only reason I did not leave Bell for television was the fact that I have purchased over the last short while close to $1000 in equipment for High Definition TV.

I called Bell anyway, and told them that I was considering leaving.  When they heard that, they pretty much fell over themselves to keep me a customer.  It’s funny how places like this will do nothing for you until you threaten to, or really do leave. 

***Side note: since leaving for Rogers with my phone and Internet, Bell has called me three times!

In any case, they (Bell) offered me 2 months completely free TV, 6 months at 30% off, and the kicker….. A new High Definition PVR (Personal Video Recorder) for one year, FREE!   Needless to say, I stayed and this is where the fun began.

First, although Bell knew where to send my bill (because I got one at my new address they sent the installer to my old address.  It was explained that the departments don’t always talk to one another (go figure)!  So the refundable $100 installation charge went onto my account twice (because of their mistake), and only came off once.  I hd to fight this for a few calls, and on March it was dealt with.

Second, getting my two free months of TV has been like trying to walk on water!  Countless calls in January, February and yes indeed March I think I am finally going to get 2 free months.

Third, I noticed in January, and again in February that I was suddenly getting charged $20 a month for the PVR; remember the free PVR for one year?  So a few calls in January and again in February I thought I had this cleared up.  In March, they cleared the two months of charges to my bill (from January and February), but again charged me $20 for the rental.  This then led me to what probably amounted to my 15th – 20th phone call in the last 2-3 months.  As at March 24 / 2008 I m being told that my account is cleared up.  We shall see…….

In the interest of Customer Service………..BAD!  http://mypetpeeves.wordpress.com/2008/03/24/bell-canada-2/

 
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Courts Turn Against Abusive Contracts

I was surprised this week when a Bell employee from Bell’s accounting department told me on the phone that I should obey, do everything that the Bell president, and  his employee Sasha Rollins tells me to do. Dream on.  Bluntly I replied to the same employee “who the hell does he Sasha Rollins  now think his e really is that I should obey anything, or everything  he says, he firstly is not my master, I do not work for Bell, I am not his employee”.. Bell is getting carried away with their much too many, unenforceable,  exotic, extreme, man made rules now, but they breached my contract still much to often and that itself is really inacceptable still too.  Clearly Bell and their  executive power has falsely now gone to their heads when they even do think they can abuse any others, an ordinary citizen now too. I as a Sympatico customer that does have a contract with Bell, a mutual contract they Bell now also have to respect and that contract now does not make me their slave, subordinate, and them my master, but they are still my legal equals in the matters. They have to respect my contract side now too. Do remind them all of that too at Bell.
 
I KNOW FROM DECADES OF FIRSTHAND EXPERIENCES IN MY ENCOUNTERS WITH COPS, LAWYERS, PASTORS, SO CALLED PROFESSIONALS,  OTHERS TOO, that most often now in reality the very same people who do tend to preach to others that we all must not steal, tell lies, drive drunk, that we must respect other person’s rights, all the laws…  those very  same persons who so readily  tend to preach the rules to others, those very same persons  who  expect all of the others to falsely obey  the rules even now  all the while they most often tend to be the firstly the  very same persons to break most of  the rules themselves, they themselves they do not keep them, and they still also  falsely believe they personally are exempt from living the rules cause  they do preach them  to others.
 
What you had never encountered crooked cops, crooked pastors, crooked lawyers, crooked managers, bad executives, lying no good politicians too?  These same persons  who too  readily judge others, and who demand, want to enforce the rules upon the others, they  cannot see the truth as to who they are firstly, they themselves are now the lying hypocrites.
 
When most a person tries to enforce any rule upon me I immediate rightfully do next often do ask them who they think they are that they think I now have to respect the  man made rules firstly? What makes them think I have to be now their false slave too? And why do they think that they are any kind of boss over me in these matters?
 
For  just cause  someone, a lawyer now too even,  some one made up some set of rules it still does  not mean they are all valid, or legitimately  enforceable now too!  I still have even my right of free speech and I still can say what I want, write what I want too.. even about them now too. Not all man made rules, regulations even in writing are rightfully valid still in reality, and just ask any decent judge on the court of the Queen’s judge and he or she can tell you the same thing too.
 
CALGARY – An employee with the Calgary Police Service has been arrested in a drug trafficking operation and Calgary Policeman was arrested for drunk driving that caused an accident..

 

In the past month, however, two new US court rulings suggest that judges are developing a more sophisticated sense of how corporations conduct online and technology transactions with their customers that Bell Sympatico especially now needs to note. 

    “In Douglas v. U.S. District Court (Talk America) (.pdf), the 9th U.S. Circuit Court of Appeals ruled last month that a service provider may not change contract terms by posting those changes on its website without notification to the customer. In this case, the plaintiff sought to invalidate an arbitration provision like the one in Gatton and a provision stating that New York law would apply to the agreement, because the terms were added to the service agreement after the customer had signed up. The court held that the customer could not be bound to new terms, even by continuing to use the service, if he is not given notification that the terms have changed.” http://www.wired.com/politics/law/commentary/circuitcourt/2007/08/circuitcourt_0801

We all seem to know the used car salesman joke, right? “You can tell he’s lying: his lips are moving.” Those of us who have experienced  real life, especaily in a courtroom or at a deposition, divorce proceedings,  also do know that the same joke can, far too often, be attached to politicians,  lawyers, cops, accountants, many Business persons, corporations, real estate firms and the  ISP providers too.

The Consumerist had not one, but two articles about Verizon today. The best one contained an embedded video, in which a guy phoned up Verizon Wireless fifty-six times to ask two basic questions about their rates. Take a guess as to what percentage of the time he received the correct answer, then see how close you came to guessing right.  ”

“David Lazarus of the The Los Angeles Times blasts Verizon today for withholding contract terms from customers until AFTER they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to: they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to:

Verizon not upfront on contract terms – Los Angeles Times

Excerpt:

For years, credit card issuers have gotten away with withholding contracts from customers until they actually have the plastic in their hands — a practice that denies many people a fair chance to look under the hood for onerous terms and conditions.Now it looks like Verizon has adopted the same technique.

What really struck [Torrance, California resident Sandy Lough] was the discovery that to receive the promised discount for her bundled plan, she’d have to go online and agree to a 2,000-word “bundle service agreement” and a 7,000-word terms of service for Internet access.

This was the first time she was being presented with the full contract for her new FiOS setup, and the service had already been installed and activated.

The LA Times article goes on to mention some of the more notable terms of the contract.  The interesting thing is that it would appear that this is not simply an oversight – that perhaps Verizon deliberately withholds contract terms from customers until they’ve already committed to the service:

As for why the full contract is withheld until after FiOS has been installed in a person’s home, [Verizon spokesman Cliff Lee] said only that “this is the way we’ve found that works.”

What has happened to make large corporations think they can simply change the deal at their whim, after a customer has already signed on the dotted line, without giving the customer the same right?  ” http://michigantelephone.wordpress.com/2008/03/19/verizon-not-upfront-on-contract-terms-los-angeles-times/#comment-417

No large corporation, with almost infinite legal resources and billions of dollars behind them, should be able to use their wealth to put real people at a disadvantage, because it would be presumed that only the corporations   had any legal rights.   Bell included now.

Bell had mislead me and many customers when they had offered their high speed unlimited download interent because their existing equipment, lines did not have the capability to do so too often firstly.
  
What started as a simple phone call by me in January 2007 to Bell tech help line to determine why my internet services were so slow and sluggish next had  become a major farce, cover-up on the part of Bell Sympatico. I was next lied to for months as to the real reasons Bell they rather had offered me their poor internet services to me and  to many others in my city for years now too.. and then Bell had even  lied to me some more, had also breached their contractual obligations to me many times too, had allowed me even to be slandered, abused on the Bell customer forums now too.. and why? so  that clearly greedy Bell can continue stay in business to make more money.. Bell  can’t have it both ways
 
and so who really cares now about the customer’s good welfare in reality? now? What not Bell itself, not the CRTC, not the federal government, not our Prime Minister Stephen Harper, not  the the federal Minister of Consumer Affairs, Jim Prentice..  not  any provincial consumer affairs Minister, but only the citizens, the news media, and the NDP party care about the citizens  good welfare really it seems. Not acceptable for sure too!
 
I also do think it’s reprehensible that Bell, etc., had now advertised unlimited download service and then next complain when you actually take them up on their offer. If a user wants to take full advantage of the service they pay for, they should be entitled to it by law now too.  Still  if they’re unwilling to provide the bandwidth I pay for, during the full duration that I pay for it, then they shouldn’t have been be telling me they can. This is why cable tv & broadband need to be regulated  like  electricity and phone.
 
First of all… it is not the ISP’s job to become the Big Brother police of the internet and world wide web, and it   such is a serious breach of freedom of speech, invasion of one’s personal privacy still too,  they the ISPs are there to provide a good, decent, reliable high speed service thus the term Internet Service Provider, some thing that Bell Sympatico in Canada clearly and wrongfully  has not be able to do for me often too.,, as you can read on this site often too. This Unauthorized bell watchdog needs to firstly look at itself and deal rightfully even firstly with it’s much too many customer contract violations, abuses and ASAP even in reality.
 
Practically all ISPs and there employees do read your e-mails and look at the sites you visit, without a wiretap order.
 
“The network is asserting almost complete control of the users’ ability to use their network as a gateway to the Internet,” said Marvin Ammori, general counsel of Free Press, a Washington-based consumer advocacy group. “They become gatekeepers rather than gateways.”
 
The ISP wrongfully sees itself as the sole judge of disputes in their contract obligations too.
  
This sort of contract, where the subscriber is considered to agree by signing up for service rather than by active negotiation, is given extra scrutiny by the courts. Any wiggle room or ambiguity is usually resolved in favor of the consumer rather than the company.
 
ISPs CAN BLOCK YOU FROM VISITING ANY WEB SITES
 
ISPs CAN WRONGFULLY HAMPER YOU FOR USING YOUR PAID FOR UNLIMITED CONNECTION TOO MUCH TOO LIKE BELL SYMPATICO FINALLY ADMITS IT HAS BEEN SECRETLY DOING BEFORE TOO.
 
The falsehood, misdirection that the Bells AT&T , Verizon, Sympatico aren’t as concerned about bandwidth hogs, because phone lines aren’t shared among households… is not true as well
 
 
So what is the government doing about protecting our privacy and stopping the invasion of our personal privacy in reality? Nothing again?
 
I too would rightfully like to see the provisions that made DPI (deep packet inspection) by ISPs to be made illegal not just by the CRTC but also by the federal government now too, including by Bell , the Big Brother’s false invasion of our home, personal privacy. Since we can readily know that the reasons given for the internet downloading inspections, capping are unjustifiable, what are the actual reasons now for these online now inspections too?
 

 

Accountability

ST. JOHN’S, N.L. – A former health minister says the public would have remained in the dark about errors with breast cancer testing in Newfoundland if a class-action lawsuit hadn’t been filed over the matter. – The inquiry into faulty breast cancer tests was told Wednesday that a group of cancer patients can get their tissue samples retested, but only if they ask – and Eastern Health hasn’t publicly told them they have the option.
 
In reality now today how many other provinces, municipalities, federal government departments, Ministers, even the Police forces  have now too often done similar bad things  too, they wrongfully now  have false obstructed justice, transparency, accountability and now what is being done that nothing like is is going to happen  again as much as possible anywhere in Canada too?
 
Public exposure and enforced, real prosecution of the major guilty persons serves as the best solution, deterrent to all of this now still too, even of the bad Civil and public servants, bad professionals,  bad politicians too.

Cancer patients misdiagnosed in Manitoba Canada.com –  WINNIPEG – Seventeen cancer patients in Manitoba may have received the wrong prognosis or treatment, according to the latest findings into mistakes made by a senior pathologist.
Cancer patients missed treatment due to pathologist’s errors Globe and Mail
Cancer patients concerned about potential misdiagnoses CBC.ca

http://anyonecare.wordpress.com/2008/05/08/shit-disease/ 

Action, not mere words needed

  
What started as a simple phone call by me in January 2007 to Bell tech help line to determine why my internet services were so slow and sluggish next had  become a major farce, cover-up on the part of Bell Sympatico. I was next lied to for months as to the real reasons Bell they rather had offered me their poor internet services to me and  to many others in my city for years now too.. and then Bell had even  lied to me some more, had also breached their contractual obligations to me many times too, had allowed me even to be slandered, abused on the Bell customer forums now too.. and why? so  that clearly greedy Bell can continue stay in business to make more money..
 
and so who really cares now about the customer’s good welfare in reality? now? What not Bell itself, not the CRTC, not the federal government, not our Prime Minister Stephen Harper, not  the the federal Minister of Consumer Affairs, Jim Prentice..  not  any provincial consumer affairs Minister, but only the citizens, the news media, and the NDP party care about the citizens  good welfare really it seems. Not acceptable for sure too!
 “If you were half as good at running a company as you were at lobbying, maybe you’d have a better network,”  Quebecor executive vice-president Luc Lavoie who took a shot at the quality of Bell Canada’s cellphone service: . http://news.aol.ca/article/telecom-summit/258999/
   
 The future is wireless, some would say  and the  past way they have mismanaged their past land line, ISP services too,  clearly indicates they will do it also next with the wireless services too at the users, customers expenses…
  
Recent discussions by both Bell and Rogers on their Corporate need  to get more and more money, with even any excuse, still out of consumers, and to throttle the downloads,  only all clearly confirms the reality as to how poorly managed these same companies in reality are still.. They too now have been wrongfully over subsidized by the CRTC, the Canadian  federal governments now too… now it is rather time the citizens got the break, protection.
   
Reality- Dirty Dirty Bell Sympatico …the most abusive Corporation, firm I have dealt in Canada in my lifetime. Paul Kambulow
 
 Not acceptable, and Comments are not  needed  FOR THERE IS NO WAY TO DISPROVE THE TRUTH..

 

 
From:  pk
Sent: Monday, April 28, 2008 7:00 PM
Subject: Re: The Paul Kambulow Topic :::m=10675958:p=10146545
 
..now clearly useless LuvieDuvie:  thank you for your opinion but who had now made you the God, judge and jury of me now.. the devil?   judge me not and you will be not judged yourself.. firstly also take the big beam out of your own eyes and then you can help the others a lot better too..  for people like you who try to suck up to Bell rather still do not  help the matters for anyone.. for now Bell really rightfully needs a serious rod and not a carrot..
 
Me I had rightfully  witnessed how dirty Bell really is and I did something good about it.. I too had helped to exposé them to all for what they are really like  and rightfully too worldwide.. I told them what I was doing and why too beforehand even. Yes I do not show partiality to anyone bad cops, bad politicians, bad managers, bad pastors, bad corporations too and  I have been exposing them the last 3 decades.. for someone has to do it too.
 
I have been working with the News media, the press the last 25 years, and for a decade now too I daily write my views to all the major Newspapers, mostly in Canada, and they do next often act upon it as well. I also post my own comments on politics now too.  http://groups.msn.com/CanadaToday6  http://thenonconformer.wordpress.com/  The news media plays a vital role in our society, it tends to be the voice, the conscience of the majority of the people, citizens..  Yes I also do even complain about news reporters lies, spins, distortions but fortunately they have their free speech and so do many others too now, me included.. at least most of the time.. I have had the police wrongfully come to my home 6 times in my life time in Canada cause some politician did not like that I had sent him a letter with a copy to the news editors, including a prime minister, premier, mayor now too.. and I am still writing, and most of the bad guys I wrote about are out of office  sooner or later. For the news media tends not to support the losers once exposed even by me.. and no politician can win without the news media support, for advertising is very costly as even Mrs. Clinton or the  PM Stephen Harper knows. Bell relies on their adds, not the past satisfied customers for it’s business mostly still too.
 
Have a nice day Paul
 

Sent: Monday, April 28, 2008 5:58 PM
To: PK
Subject: Re: The Paul Kambulow Topic :::m=10675958:p=10146545
 
Dear paul kambulow,  The thread “The Paul Kambulow Topic” in the forum titled “Miscellaneous” has received the following reply from LuvieDuvie: 

Re: The Paul Kambulow Topic 

‘I want the whole world to see what they are really out and to have BELL GO OUT OF BUSINESS.. THAT SHOULD BE CLEAR EVEN TO YOU from THE START of my post on Bell’s site’ 

Well if your venomous motives wern’t clear before, you certainly made them clear now. 

Thanks, Have a nice day

From: PK
Sent: Monday, April 28, 2008 7:39 PM
To: Sympatico Discussion Forum
Subject: Re: The Paul Kambulow Topic :::m=10675958:p=10146545

 Like I wrote elsewhere here too

 I merely have substantiated here how many others now do also like me feel about Bell’s secrecy, under handiness, definite internet contract violations, lies… I support my side of the truth, story too.

I am not alone who complains to Bell often and loud.

and still what surprises me is that Bell wrongfully thought it could get away with al of their bad acts to me and others in the first place..

Me I have the decency to first complain to Bell, to tell them honestly, openly what I am going to post on my site next about them too, at least they were pre-warned by me.
but firstly you did notice that no one from Bell has send me a copy of my last six months billing or proof I had requested any contract changes, new equipment as well, and no one had phoned me back this week from Bell again now too.. now why was that? They had lied and had promised they would.

So it is no wonder so many people today are really rightfully upset at Bell, not just me.

Getting me more upset is the wrong thing for Bell to try to do, I just get louder, do write thousands more letters to news editors, electric officials still too..

They Bell should by now know I too can escalate the matters and not back down.. Bell still does needs to adequately deal with me, reply to me before it gets worse for them and they lose thousands more customers..
Beyond the shadow of the doubt the articles posted here by me showed that Bell ‘so capping reasons were false, unsubstantiated, and so I still rightfully object to Bell capping my net to all too.
I paid Bell for unlisted, unlimited download and they did not supply it to me, Bell did not even have the honestly to originally tell the truth to all and to beforehand say that they were capping it now as well.. Bell they done it first in secret, and were thus wrongfully violating my personal privacy in the process too.
Talking about Bell’s balance reply Bell they have only one reply basically and It is take it or leave it.. I have another.. I rightfully object!

but me I also do fight back and let the whole world know how the snakes in the dark operate in the darkness, and the darkness hates the light to be revealed upon it still too
Bell loses many many customers now too as a result of these exposures of how Bell operates.
Even my neighbors when they read the newspaper can see the positive influence that I have had on the elected officials, news media in regard to Bell’s undeniable bad services, bad acts and my neighbours they all agree with me on this too… I am doing a good thing exposing Bell.

In fact NDP Party did not make a public comment till I asked how come? and they immediately spoke out against Bell now too.
Have a nice day
Paul
http://thenonconformer.wordpress.com/

Bell should not fight with someone retired like me, for I have plenty of free time , and a desire to pursue it with everyone even more next too, and it will be costly for Bell too.
I told them beforehand in writing the war with Bell will escalate NEXT TOO and it did, it has, they have a lot more to lose

From: PK
Sent: Tuesday, April 29, 2008 12:21 AM
Subject: They still do like to lie, distort and bash me, others on Bell Sympatico customer forum and Bell, the Bell administrator falsely allows it to.. but Bell does not allow anyone to loudly complain about Bell, the immoral hypocrites
They often do  like to lie, distort, slander  and bash me, others on the Bell Sympatico customer forum and  Bell,  plus the  Bell administrator also now falsely allows it to.. While I use my real name, the main poster use an alias to disguise they are likely related to Bell’s executive Care Sasha Rollins..  http://www.supportcommunity.sympatico.ca/pe/action/forums/displaypost?postID=10146557  It does Remind  me of the new Conservatives too. They can’t help showing to all what they are still really like, liars, bad persons..

Posted Apr 28, 2008 by LuvieDuvie
Well at least I (we) now know the reasons why Bell apperantly told him they would terminate his internet service…. can’t say I blame then now.

P: I don’t think you are gaining any allies as your abuse in, and of, this forum continues… Posted 12:02 AM by paul kambulow
OutStart Participate>>”Dear Client, Thank you for choosing Bell Sympatico Online Client Care. We have received your email and one of our representatives will reply to
you. A response will be sent to you within the next 24 to 48 hours. Your reference number for this email is 7720253.”  

I guess Birds of feathers flock together and thus maybe you are just as big a liar as Bell mostly still is for you cannot substantiate that Bell has said they would terminate my internet contract with Bell for in reality their rather bad internet services, for rather Bell has has even lately in writing now said to me that BELL STILL WANTS TO CONTINUE DOING BUSINESS WITH ME. SIGNED SASHA ROLLINS BELL EXECUTIVE CARE.
Thank you for your post anyway for it still gives me my free speech opportunity to write to all more about Big Bad Bell Sympatico, and how Bad Bell’s EXECUTIVE CARE SASHA ROLLINS AND HIS SUPERVISOR were, ARE IN BADLY INVOLVED IN ALL OF THIS abuse of me by BELL AGAIN TOO. Sasha has not denied my claim TO HIM IN WRITING TOO now of him likely being an accomplice Bell falsely by fraud tying to get me and many other BELL CUSTOMER’S of from our unlimited contract as some BELL’S SUBORDINATES had promised in January apparently to Bell’s Board of directors. YES I HAD OFTEN DETAILED BELLS MANY UNDENIABLE WRONG DOINGS WORLD WIDE IN WRITING TO ALL MANY TIMES even as to why they now are so Bad , for even the undeniable witness, public record. If Bell was not in the wrong do you now think they would have let all of my Bell writings drag on this long? of course not.. very revealing ehh?

Did you even now really think that I was writing here now at all to get any kind of support from anyone here, then you are still dreaming, and/or what you think this is some kind of election platform? popularity contest? Note Rather by fairness , by requirement of the law itself, I do have the duty to first present my complaints in writing to Bell Sympatico, to also detail my complaints to them, and also next to give them a chance to rectify them now, even before the matter can even be escalated to any of the courts, consumer affairs ministers, news media next too. This I have done. Thus had you read my posts here you could have noticed that I was just keeping this requirement of the law here too before the matter here too obviously has to be taken to court, by even Bell firstly now if they want to get paid, for they have already in writing admitted to me that I have pre charged them firstly with breach of contract, unethical, unprofessional behavior , harassment , obstruction of justice, fairness too, and many times in writing now, and Bell has, have not even denied it back to me and next they cannot by law, it is too late..
And so next I am rightfully now asking them to pay a compensation to me, and any others for all of this abuse now  too. I even have now specified the rightfully fair compensation demand from me for the whole world to know and read, at 1000 dollars and one year free high speed unlimited internet for their past false misleading adverting, poor services   to me, and for their undeniably not keeping now 3 past contractual agreements with me even those of August 2007, December 2007 too.
 
 Next this year  there were those lying crooks at Bell who to get a commission had definitely committed fraud / forgery and said I had requested from them both an  internet and equipment upgrade on my account, with no substantiation now to prove it too, even  like you,  and  I have reported this to the RCMP and asked them to deal with it too, and Bell has not even denied any of I toot, because Bell Sympatico Billing had confirmed these facts already this month  to me,  and gave me one of their names too, and so  I asked Bell to also prosecute those bad Bell people too still.  Why you think it was accidently that Bell had wrongfully refused to give me an official copy signed too, in writing the last four months Billing statement?  the direct proof of this fraud so I can likely also  present it too the judges formally too? Not so? Dream on..  for the reality bites ehh?
 
And what you do not think that many people who had, have read all these facts already, even  posted on over 30 different internet sites for months now too, posts read by hundreds of thousands of people world wide, that  next Bell has not lost many customers as a result too? Dream on!
 
but do have a nice day, Thanks for the post
Paul
http://thenonconformer.blogspot.com/
 
What you can do : Complain  for a start to CRTC »www.crtc.gc.ca/eng/welcome.htm ,
Competition Bureau »www.competitionbureau.gc.ca/epic···/en/Home ,   
     

Complain to the News media
the Local MP’s, the premiers of all provinces:

http://thenonconformer.tripod.com/index.html

 

 

Bell Sympatico Canada

 
What a really bad unacceptable way for Bell Sympatico now to treat it’s internet customers Still
  
Why does it take months to reply to me on my simple issues too.  I keep on getting transferred also to invalid persons, telephone numbers at Bell Executive care even today.. and no call backs still too Supervisor Mrs Fernandez  RSVP ASAP
  
Bell’s Useless Supervisor Mrs Fernandez of Bell’s useless Sasha Rollins does even needs to be replaced now too . Immediately..
  
From: Paul Kambulow
Sent: Monday, April 28, 2008 9:30 AM
Subject: 1-866 317 3382 Bell sympatico care
1-866 317 3382 Bell Sympatico care call me back immediately
 
Paul Kambulow 7781a thibert Street,  LaSalle- Montreal, Quebec h8n2c5,
Home  Tel 514-363-7316  KMM16616921V25471L0KM (KMM16681313V70004L0KM)
PS I have sent you over 150 emails of complaints too, that you have not addressed and also you did  not return my many phone calls..  why?? you only lie when you say that the customer’s concerns, complaints are of interest to you..
 
So I ALSO AM NOW ASKING  1000 dollars, and also rightfully increase a demand from 6 months to one year free unlimited high speed internet services from Bell, if they do continue to trouble me on all of this, my rightfully payment for all of the unacceptable aggravations, and their clear failure still to meet the contract agreement, for Bell they ARE GUILTY OF contract breach definitely.
  
Paul Kambulow 7781a thibert Street,  LaSalle- Montreal, Quebec h8n2c5,
Home  Tel 514-363-7316 KMM16616921V25471L0KM (KMM16681313V70004L0KM)
 
Bad persons, and Politicians, bad corporations  tend to be the same world wide, and the solution the same, full Public exposure and full prosecution of the guilty serves every one’s best interest next too still. For if the evil bad person is not exposed, punished they still  have no reasons to stop doing bad things and doing good things instead. They by the public exposure of their own bad acts they next also do find out that a good name was worth more than all the silver and gold they had hoped to acquire. And many next have as a result too.
 “If you were half as good at running a company as you were at lobbying, maybe you’d have a better network,”  Quebecor executive vice-president Luc Lavoie who took a shot at the quality of Bell Canada’s cellphone service: . http://news.aol.ca/article/telecom-summit/258999/
   
 The future is wireless, some would say  and the  past way they have mismanaged their past land line, ISP services too,  clearly indicates they will do it also next with the wireless services too at the users, customers expenses…
  
Recent discussions by both Bell and Rogers on their Corporate need  to get more and more money, with even any excuse, still out of consumers, and to throttle the downloads,  only all clearly confirms the reality as to how poorly managed these same companies in reality are still.. They too now have been wrongfully over subsidized by the CRTC, the Canadian  federal governments now too… now it is rather time the citizens got the break, protection.
    
Reality- Dirty Dirty Bell Sympatico …the most abusive Corporation, firm I have dealt in Canada in my lifetime. Paul Kambulow
 
 Not acceptable, and Comments are not  needed  FOR THERE IS NO WAY TO DISPROVE THE TRUTH..
 
 

 do see also
 http://thenonconformer.wordpress.com/2008/05/01/to-bell-sympatico/
http://thenonconformer.wordpress.com/2008/12/18/unfair/
http://thenonconformer.wordpress.com/2009/04/20/bell-internet/
http://thenonconformer.wordpress.com/2009/05/21/why-many-businesses-fail/
http://thenonconformer.wordpress.com/2009/06/14/buyer-beware-beware/
http://thenonconformer.wordpress.com/2009/07/07/crtc-farcical-hearings-on-internet-speed-control/
http://anyonecare.wordpress.com/2008/05/23/bell-bce-sympatico/
http://thenonconformer.wordpress.com/2008/05/01/is-your-isp-still-even-watching-you/
http://thenonconformer.wordpress.com/2008/04/16/the-war-against-bell/
http://thenonconformer.wordpress.com/2009/05/21/bell-throttles-internet-speeds/
http://thenonconformer.wordpress.com/2008/04/26/and/
http://thenonconformer.wordpress.com/2008/04/15/consumers-affairs/
http://thenonconformer.wordpress.com/2008/04/19/bell-lied/
http://thenonconformer.wordpress.com/2009/07/15/i-cannot-trust-you-for-you-lie-to-me-all-the-time/
 http://thenonconformer.wordpress.com/2008/11/18/deceptive-unacceptable-unfair-business-trade-practices-unreliable-internet-access/
http://thenonconformer.wordpress.com/2008/04/27/basic-contract-law/
https://witnessed.wordpress.com/2008/07/29/this-next-was-so-predictable-even-by-me-too/
 http://thenonconformer.wordpress.com/2008/04/28/action-not-mere-words-needed/

 

 

Bell’s latest response

 

 “If you were half as good at running a company as you were at lobbying, maybe you’d have a better network,”  Quebecor executive vice-president Luc Lavoie who took a shot at the quality of Bell Canada’s cellphone service: . http://news.aol.ca/article/telecom-summit/258999/
   
 The future is wireless, some would say  and the  past way they have mismanaged their past land line, ISP services too,  clearly indicates they will do it also next with the wireless services too at the users, customers expenses…
  
Recent discussions by both Bell and Rogers on their Corporate need  to get more and more money, with even any excuse, still out of consumers, and to throttle the downloads,  only all clearly confirms the reality as to how poorly managed these same companies in reality are still.. They too now have been wrongfully over subsidized by the CRTC, the Canadian  federal governments now too… now it is rather time the citizens got the break, protection.
   
Reality- Dirty Dirty Bell Sympatico …the most abusive Corporation, firm I have dealt in Canada in my lifetime. Paul Kambulow
 
 Not acceptable, and Comments are not  needed  FOR THERE IS NO WAY TO DISPROVE THE TRUTH..

Re: The Paul Kambulow Topic
Hi paul kambulow,It’s been brought to my attention many times that your multiple posts in different thread are disturbing other forum clients with their own issues.

After warning you several times of this and because your continuing doing so I’m now going to close your forum account.

Thank you for your understanding in this matter.

The post of yours are nolonger available for viewing.
 
If you need assistance please contact the system administrator.

 

Re: The Paul Kambulow Topic
Previous Post  |  Next Post 
Posted 8:16 AM by paul kambulow
So this how you Bell still deal with People who complain about Bell’s bad, poor, inadequate services, you deny their right of free speech, basicaly a false excuse as we can all see,
 
Yes, I will post your reply on the net for the whole world to read that Bell doe not want the truth to be known or dealt with.
 
 
 
Re: The Paul Kambulow Topic
Posted Apr 27, 2008 by paul kambulow
Boy do you still try to over simplify things for others.. and miss the whole big, bad picture. I really suggest you and Bell first do look at my page on Contract law facts in full.

1: Bell for 6 months starting in January 1007 undeniably also had wasted much of my time. Bell had lied to me for 6 months as to the false cause of their slow internet speeds, and Bell blamed it on anything but Bell’s poor, inadequate phone lines, and that was all really unacceptable. Bell here now too was already unacceptably guilty of false and misleading advertising to me about their promised speeds, also about their capacity to deliver their services too , and my whole local community now too. That was the big issue still unresolved adequately by Bell for many others in my community now too. In December 2007 I did not ask Bell for 304 dollars credit I had firstly agreed with Bell for next the 6 months free unlimited download internet next to compensate for the reality that now for many years Bell never firstly supplied me as obligated a high speed internet service because Bell’s EXISTING PHONE LINES COULD NOT HANDLE IT, and Bell had also supplied me still on top of that also a very troubled internet service. Bell next did not honour the spirt, the intent of my agrement with them in December 2007. Now I personally had asked this year for 500 dollars immediate payment rightfully in addition for all the problems Bell next caused me too. I will shortly increase that request to 1000 dollars, and also rightfully increase a demand from 6 months to one year free unlimited high speed internet services from Bell, if they do continue to trouble me on all of this, my rightfully payment for all of the unacceptable aggravations, and their clear failure still to meet the contract agreement, for Bell they ARE GUILTY OF contract breach definitely.

2: Secondly those liars at Bell had lied and had said next in 2008 that I had upgraded my Internet services, but they still cannot prove that ..IRONICALLY THE MENTIONED UPGRADE WAS A MISLEADING TERM, it undeniably WAS A WORSE CONTRACT RATHER FIRSTLY TOO, and why would I be so stupid to do that and to go for 7 megs when Bell firstly could not deliver the reliable, steady continuous 6 megs internet service they had undeniably promised me in July 2007 and next it did even last most of this 2008 year now too.

3: The 55$ for Bell;s unsolicited 2 wire modem. Was this credited to me? How in the world would I know when I cannot access or get a copy of the billing statements for this year from Bell still? and why is that?

4: The Overdraft charges of 75 for Bell’s double-billing twice even in one month were falsely not paid to me yet by Bell. But what else is new Dealing with Bell is clearly a really big trouble for half of the persons too. Bell can only be trusted to lie, and screw things up and Bell does not honour their contract agreement as I have witnessed.Thanks for the interest

Have a nice day
Paul
http://thenoncomformer.spaces.live.com/

 

Re: The Paul Kambulow Topic
Posted 8:07 AM by paul kambulow
> but as you said you don’t even know if its been credited recently to you.> Aside from being taken for a ride with the line problem for months (which many, including myself can relate to), and them threatening to terminate your services,

>As for your contract law comment, you stated you didn’t accept the new contract, so what contract are you in?

>Why don’t you either just leave Bell and use Quebec Cable for both phone and internet?

>Also Quebec courts are usually very favorable to the small guy. Why not bring up your contract law case there and show the people what can be done? Show the example. It doesn’t cost much to do this.

>Do you think this ‘tech help forum’ can do anything about the contract or the interpretation of the clauses there in? or about Bell falsely changing the contract on their own without your approval knowledge too?

> May I once again suggest that you go to court?

>And Bell…
PLEASE give Paul his Bills over the past 6-months that he asked for. Its bad enough that you (Bell) threatened to end the services of a senior in order to scare him off.

>What’s next?

Speaking, dealing about my new and old contract terms with Bell is ongoing ..

This was a forum to allow Bell first to rectify their inadequacies right on! Tech here had said that my issues were being escalated, looked after too.. so they lie too.. so who is looking after ? what is his name and telephone number?

Public exposure, telling the truth to all how lying, pretentious, inadequate and what Bell is really like, does, is the start of all real justice..

I rightly even here have not agreed with any of Bell’s lies, bad services, bad follow up.. so how anyone can try to say I did is another distorted over simplification.

Paul Kambulow

From: Paul Kambulow
Sent: Sunday, April 27, 2008 11:34 PM
To: contractsmanager@sympatico.ca
Cc: executive.office@bell.ca ; pm@pm.gc.ca ; Dussault.Madeleine@cb-bc.gc.ca ; marketplace@cbc.ca
Subject: Bell lies about what it does, wants to do still. KMM16616921V25471L0KM, KMM16681313V70004L0KM

Re: The Paul Kambulow Topic http://www.supportcommunity.sympatico.ca/pe/action/forums/displaypost?postID=10146497 Previous Post | Next Post
Posted 11:20 PM by paul kambulow
Boy do you still try to over simplify things for others.. and miss the whole big, bad picture. I really suggest you and Bell first do look at my page on Contract law facts in full.
1: Bell for 6 months starting in January 1007 undeniably also had wasted much of my time. Bell had lied to me for 6 months as to the false cause of their slow internet speeds, and Bell blamed it on anything but Bell’s poor, inadequate phone lines, and that was all really unacceptable. Bell here now too was already unacceptably guilty of false and misleading advertising to me about their promised speeds, also about their capacity to deliver their services too , and my whole local community now too. That was the big issue still unresolved adequately by Bell for many others in my community now too. In December 2007 I did not ask Bell for 304 dollars credit I had firstly agreed with Bell for next the 6 months free unlimited download internet next to compensate for the reality that now for many years Bell never firstly supplied me as obligated a high speed internet service because Bell’s EXISTING PHONE LINES COULD NOT HANDLE IT, and Bell had also supplied me still on top of that also a very troubled internet service. Bell next did not honour the sprit, the intent of my agreement with them in December 2007. Now I personally had asked this year for 500 dollars immediate payment rightfully in addition for all the problems Bell next caused me too. I will shortly increase that request to 1000 dollars, and also rightfully increase a demand from 6 months to one year free unlimited high speed internet services from Bell, if they do continue to trouble me on all of this, my rightfully payment for all of the unacceptable aggravations, and their clear failure still to meet the contract agreement, for Bell they ARE GUILTY OF contract breach definitely.

2: Secondly those liars at Bell had lied and had said next in 2008 that I had upgraded my Internet services, but they still cannot prove that ..IRONICALLY THE MENTIONED UPGRADE WAS A MISLEADING TERM, it undeniably WAS A WORSE CONTRACT RATHER FIRSTLY TOO,and why would I be so stupid to do that and to go for 7 megs when Bell firstly could not deliver the reliable, steady continuous 6 megs internet service they had undeniably promised me in July 2007 and next it did even last most of this 2008 year now too.

3: The 55$ for Bell’s unsolicited 2 wire modem. Was this credited to me? How in the world would I know when I cannot access or get a copy of the billing statements for this year from Bell still? and why is that?

4: The Overdraft charges of 75 for Bell’s double-billing twice even in one month were falsely not paid to me yet by Bell. But what else is new Dealing with Bell is clearly a really big trouble for half of the persons too. Bell can only be trusted to lie, and screw things up and Bell does not honour their contract agreement as I have witnessed.

Thanks for the interest

Have a nice day
Paul
http://thenoncomformer.spaces.live.com/

Paul Kambulow 7781a thibert Street, LaSalle- Montreal, Quebec h8n2c5,
Home Tel 514-363-7316

Posted 4:46 PM by paul kambulow http://www.supportcommunity.sympatico.ca/pe/forums/displaypost.jsp?postID=10146493&postID=10146493
Nothing has basically changed the last 4 months, or the last 4 weeks on my wrongful and much too many Bell Sympatico problems.
Bell for sure did not yet pay me for the overdraft charges for double-billing me too.

Bell for sure did not yet pay me for the overdraft charges for double-billing me too.

I do not know anything at all really here too for Bell will not talk to me for when I contact them they say that some one from Bell has been appointed from the president’s office to deal with the issues he alone can deal with this, and he too has not talked to me as well next on any of this .. All I still I get useless run around from Bell support, Bell executive care and Bell accounting still on all of this.

My December agreement of free 6 months Internet was credited to me.. But it was illegally transferred from my unlimited account into the new account that I had not authorized, approved, requested, all as usual without my knowledge or permission too.

Bell is an incompetent dictatorship, Unbelievable Even my Bell internet speed was fluctuating, really slow and crappy again this weekend too.

So I wrote today more letters of protest, complaints to Bell and others..

What a bad way for Bell to run their business while the whole world can watch it now too..

Have a nice day
Paul

Paul Kambulow 7781a thibert Street, LaSalle- Montreal, Quebec h8n2c5,
Home Tel 514-363-7316


PS Bell is capping their email too. A letter was posted to my 3 different emails from a Microsoft site and the letter arrives days later on Sympatico email.

Action required, not mere words

 
Supreme Court puts muzzle on sniffer dogs in Canada but real actions by the government still do speak louder than words.
OTTAWA —   Supreme Court of Canada rulling Friday   tightened the leash on police powers to use the canines for random sweeps.  “In its first pronouncement on sniffer dogs, the court sided 6-3 with a high-school student from Sarnia, Ont., and a Vancouver man who was caught with cocaine in his luggage at a Calgary bus terminal. “We’re no longer going to be able to show up and randomly search,” said Tom Stamatakis, vice-president of the Canadian Police Association. In both cases, police violated the charter right against unreasonable search and seizure by allowing their dogs to embark on general sniff searches of a school and bus depot without more concrete reasons to suspect drugs were present, the Supreme Court said.” The two rulings are expected to end routine searches in public places like schools and bus and train stations for now. The federal Justice Ministers can enact new legislation to overcome rightfully as soon as possible this shortcoming and they should.  The court decisions, however, were, are silent on airports, where police dogs routinely sniff the luggage of passengers entering the country. “Past Supreme Court rulings have established that privacy rights are lower when weighed against the need to secure the borders, prompting speculation that sniffer dogs will continue to be used at airports in the absence of a specific legal challenge. “It’s fair to say the decisions wouldn’t apply to airports,” predicted Brent Olthuis, a lawyer for the B.C. Civil Liberties Association, noting that neither case involved matters of border security. Quasi-private shopping malls, where private security guards are sometimes called in with sniffer dogs, are another “grey area,” said Stamatakis. The Supreme Court invited lawmakers to step in an spell out specific police powers with sniffer dogs. “Any perceived gap in the present state of the law on police investigative powers arising from the use of the sniffer dogs is a matter better left for Parliament,” wrote Justice Louis LeBel.”
 
Gangs and drugs,  alcohol are are still a big problem on Indian reservations and elsewhere. Why?  all while zero tolerance for gang affiliations or child pornography,  has developed too. We can tackle the supply of drugs by taking on and defeating the criminal gangs who should be treated in the same way as subversive organizations were. ” We all do  have to send a message loud and clear to the gangs – you are not tolerated and If you are caught  you will be charged. In many cases such gangs are linked to organized crime. You need to fully also go after the gang leaders who are making money using the kids and drugs to do it.   The government can now wrest control of violence-plagued reserves  by having zero tolerance for gangs and by banning drugs and alcohol from homes,  with the help of  RCMP and the courts. I can tell you that our government is committed to ensuring that Canada will not be safe haven for those who pose a threat to our national security or the safety of our families and communities. On this, our tolerance level is zero,” Stockwell Day but real actions by the government   still do speak louder than words. 
 
The most successful policing model in modern terms is the “zero tolerance” model used in New York . The strategy was known there as “one broken window” following the observation that where there were broken windows and rubbish in streets there was crime. During the programme’s operation in New York, the number of murders plummeted from 2,262 to 629.”
 
Also “Fear of imprisonment has very little effect on a heroin addict but has a dramatically different impact on a company director who dabbles in cocaine – middle class drug use is helping to fund the violence and we need to adopt a zero tolerance policy towards it”.
    
I have a civil engineering degree, Concordia University , Montreal 1968, and I had worked as a Remax Realtor in Calgary too but in my decades of real life experiences in Canada the existing laws, regulating societies, governments clearly did not stop many Realtors,  lawyers or even now Bell Sympatico from telling lies to the customers, others. Nor did  the RCMP always get their man or the police, courts for that matter too.
From: paul kambulow
Sent: Wednesday, April 23, 2008 12:34 PM
To: executive.office@bell.ca ; 1-866-317-3382
Assistance@sympatico.ca
Cc: contractsmanager@sympatico.ca ; Bell Sympatico Billing at tell 310-7873 ;
Dussault.Madeleine@cb-bc.gc.ca ; marketplace@cbc.ca ; pm@pm.gc.ca
Subject: Sympatico Interent account KMM16616921V25471L0KM) (KMM16680724V58934L0KM)

I now do realize that I have been told many times now by Bell on the phone, on the net that my internet account matter now has been escalated to the Highest level at Bell, specially Bell executive care services, and that as usual I might have been lied to now again by Bell, lying is what Bell mostly does in my last 18 months of dealing with Bell directly too. So please now today
1: Inform me the specific date that my Unlimited high speed download account had started and was next ended.
2: Give me the name of the person specially from Bell who to get a commission had lied that I had upgraded my Bell unlimited account, and who said that I also had asked to have my modem upgraded as well.
3: Give me also the mailed copies of my last 6 months billings in full as well
4: Do Deal with my many other rightful complaints, demands sent to Bell now too..
And for most of this 2 days respond time should be adequate for Bell..

Thank you

Paul Kambulow 7781a thibert Street, LaSalle- Montreal, Quebec h8n2c5,
Home Tel 514-363-7316 Bell reference (KMM16616921V25471L0KM) etc

When will I get it all?

http://www.supportcommunity.sympatico.ca/pe/action/forums/displaysinglethread?returnExpertiseCode=&rootPostID=10146275

Basic Contract law

 
I have a civil engineering degree, Concordia University , Montreal 1968, and I had worked as a Remax Realtor in Calgary too but in my decades of real life experiences in Canada the existing laws, regulating societies, governments clearly did not stop many Realtors,  lawyers or even now Bell Sympatico from telling lies to the customers, others.  http://anyonecare.wordpress.com/2008/07/13/misapplications-of-the-laws-in-canada/
 
Imagine that Bell has been in Business for years and is still guilty now clearly of fraudulent and unacceptable business practices, not living up to their contractual obligations, as I now have witnessed and undeniably detailed to even Bell and many others many times too now . Next here is basic legal, valid  understanding, terms of a valid contract, contract  law for all of the Bell employees too. Not just for any customers. Bell has definitely detailed, advertised it’s Internet services to all with their  terms, limitations and any customers who enters into mutually agreed upon terms, agreement with their services now forms the  essential mutually legally binding contract..
    
1: A contract is a legally binding exchange of promises or agreement between competent two parties, persons of legal age too, that the governmental court, the law of the state or province , or country next will enforce. Contract law is based on the Latin phrase pacta sunt servanda (pacts must be kept).  Anyone can enter into a contract, except minors, certain felons and people of unsound mind.  It’s important to know that not all contracts details even  have to be in writing., for instance, certain agreements can also be made and accepted orallly and still be legally enforceable. While the contract agreement doesn’t always have to be in writing, all the other elements of a valid contract still have to be met, included, , fulfilled by law. The bottom line is that  the parties generally come to transactions in good faith, mutually trust and understanding, and not a one way approach, one way demands, one way relationship.All valid  courts, will not enforce, accept as valid  any contract to perform an accepted illegal act. A contract to kill some is invalid clearly too.  A person who pays for bad drugs that aren’t delivered can’t next seek the help of a court or the police in getting the money back. Unbelievable some people still do try to do this too. A valid contract also always requires the mutual parties’ consent, which must be freely made, not forced consent,  and clearly communicated to each other. Consent is not free when obtained through duress, menace, fraud,  lies, undue influence or mistakes, serious errors were presented.  Consent isn’t mutual unless the parties agree on the same thing in the same sense, a clear “meeting of the minds. One party now  presenting only their own  their terms, conditions, without the other parties approval, consent, free will   clearly is still not a valid contract.  In order for an acceptance of an offer to be effective, it must be made while the  sales, specific, fixed service offer is still open. Any  person can changes the conditions of an initial offer in responding to the offer, the old offer is clearly now rejected and the changed conditions constitute a counteroffer and that now becomes part of of any subsequent agreed upon contract. I did that with Bell now too. Once there is next a final, written contract between the parties, the parol evidence rule forbids the introduction in a court proceeding of any previous agreements between the parties on the subject matter of the contract.Only certain contracts aren’t valid unless in writing. Generally, they do deal with real property, certain specific loans, debts, money exceeding a certain amount, or contracts concerning the sale of goods worth more than $500 or one that   include  objects that won’t be performed within one year or within the promisor’s lifetime. Bell now being unable to supply me a promised high speed internet but only a low speed one is still a good example of an invalid contract even if was a written one originally from Bell.
  
2: The Specific parties. The contract must always include,  identify who the agreed upon specific parties are; usually names are sufficient, but sometimes addresses or titles may be used.   Bell and the specific customer. Me in this case.
  
3: The agreed upon object.  The Offer,  the thing, the value, the  services being agreed to is also known as the object or subject  and it itself not only  must be lawful, possible but it must be a definite, fixed, measurable amount specially now even by the laws of Quebec too. For instance Bell promising to deliver a customer a 6 meg download high speed   internet service, where they know they only have a 3 meg line capacity is not legal or legally binding contract. Bell  promising to supply their” best services “or “up to 6 megs services” is not legal as well for it is  is not really an agreed upon  fixed  object, rather the object is not definite and most customers have take that to mean 6 megs anyway. . The object of the contract does have to be very specific and measurable. It is Bell obligations now to to clerk up any ambiguity on the contract as agree upon by the comer now too. So if Bell promising a 6 megs internet services, and Bell by law  next has to deliver 16 megs to meet their promise that is also now part of the contract too. A specified length of time, such as one year does not mean the contract is still valid if Bell has not lived up to the agreed upon previously contract terms.
 
4: The outcome, or the considerations. All contracts require consideration, meaning each party must gain something fixed, tangible. It may also be something that is or isn’t done or given.   When a party agrees to do something (such as I will paint your house) or to not do something (I will not  sell my  house to anyone else for 30 days) they next also must gain something in return toy make this a valid contract, they must receive  agreed upon   fixed payment, a fixed reward. Generally, if I say I’ll paint your house, and you haven’t promised me anything in return, you can’t sue me next for not showing up because I will not receive  any consideration firstly”. Once a contract has been created, it can be determined if there are any issues that call into question of  its validity too.
   
5: Termination of contracts.  Breach of contract.  Breach of contract is recognised by the law with applicable penalties now too.  Contracts generally can only be terminated if mutually agree now by both parties as to what the terminations terms included. Parties to a contract may mutually agree to rescind the contract. In that case, the parties may agree on the duties and responsibilities of each party after the rescission. Bell still expecting  me to pay for their internet when they do not keep their promises is a breach of the contract, an invalid demand of me.   Now is the contract  price set, are promised quantities specially  determined, and is the time for performance clearly  stated? There should be enough information contained in the contract  always  that, if needed, the courts likely next  would be able to enforce the contract or determine the appropriate damages. Unless it is mutually agreed upon before any subsequent court demanded decision action,  is taken.  Fraud is the intentional misrepresentation of an important issue of the contract. The presence of fraud in a contractual proceeding makes the contract voidable by the party upon whom the fraud was perpetrated. The contract always still now binds both parties, and not just the customer to the terms, conditions of the contract agreed upon now as well.  Once it is determined that there is a contract, it it  still can, must be determined whether there are any defenses that call into question the validity of the contract.Bell Changing horses, making changes, additions to the contract in midstream is invalid, a breach, still not allowed, especially without the subsequent, and pre consent, approval of both parties now still too and is a breach of contract rather. That includes Bell capping of my bit torrent downloads too on my unlimited download accountYes a Bell  contract also may end because of a breach by Bell.  A breach occurs when a person, or a firm  does not fulfill his or her, their  responsibilities as promised in the contract. A breach may be minor or major. A  major breach is one that does affect the subject matter of the contract and does  affect the outcome of the contract.  Bell not having sufficient equipment, capacity in place to meet my high speed internet, is a breach of contract. This is also known as a breach of a material issue. When there has been a breach in a contract, the question of damages is raised. The damages due to a party when there is a contract breach depend on many factors, including: which party breaches, and what damages were incurred. In most cases when an injury results from a contract breach, the injured party receives money damages. Such as I have in Dec  2007 from Bell.  Bell itself has unacceptably cause now in the last 2 years many unacceptable breaches in our contract that I have clearly even in writing not accepted and have objected too and demand restitution of as well rightfully.Go back to a good school firstly Bell if you cannot understand and keep all of this now too. “Despite precedents that show that contracts substantially favoring the party with the greater power often are deemed unconscionable (so unfair as to not be enforceable), lawyers stiff draft them and companies still like them.   Lesson learned: Make deals that are balanced; contracts that distribute risks and responsibilities fairly. Such deals will be honored by courts and your businesses wealth and reputation will benefit over the long term. “ http://troutmanhays.wordpress.com/2008/03/23/one-sided-contracts-are-a-bad-deal-for-all-parties-or-getting-greedy-will-get-ya/        

 

When attempting to enforce a contract, an individual or business should always consider the effect any dispute will have on any long-term business relationship between all of the parties involved.     

PS: “In Real Estate specifically , there it is a requirement at Law that contracts be written down in usually lengthy legal forms to avoid uncertainty, ambiguity and to be binding “.   
I was surprised this week when a Bell employee from Bell’s accounting department told me on the phone that I should obey, do everything that the Bell president, and  his employee Sasha Rollins tells me to do. Dream on.  Bluntly I replied to the same employee “who the hell does he Sasha Rollins  now think his e really is that I should obey anything, or everything  he says, he firstly is not my master, I do not work for Bell, I am not his employee”.. Bell is getting carried away with their much too many, unenforceable,  exotic, extreme, man made rules now, but they breached my contract still much to often and that itself is really inacceptable still too.  Clearly Bell and their  executive power has falsely now gone to their heads when they even do think they can abuse any others, an ordinary citizen now too. I as a Sympatico customer that does have a contract with Bell, a mutual contract they Bell now also have to respect and that contract now does not make me their slave, subordinate, and them my master, but they are still my legal equals in the matters. They have to respect my contract side now too. Do remind them all of that too at Bell.
 
I KNOW FROM DECADES OF FIRSTHAND EXPERIENCES IN MY ENCOUNTERS WITH COPS, LAWYERS, PASTORS, SO CALLED PROFESSIONALS,  OTHERS TOO, that most often now in reality the very same people who do tend to preach to others that we all must not steal, tell lies, drive drunk, that we must respect other person’s rights, all the laws…  those very  same persons who so readily  tend to preach the rules to others, those very same persons  who  expect all of the others to falsely obey  the rules even now  all the while they most often tend to be the firstly the  very same persons to break most of  the rules themselves, they themselves they do not keep them, and they still also  falsely believe they personally are exempt from living the rules cause  they do preach them  to others.
 
What you had never encountered crooked cops, crooked pastors, crooked lawyers, crooked managers, bad executives, lying no good politicians too?  These same persons  who too  readily judge others, and who demand, want to enforce the rules upon the others, they  cannot see the truth as to who they are firstly, they themselves are now the lying hypocrites.
 
When most a person tries to enforce any rule upon me I immediate rightfully do next often do ask them who they think they are that they think I now have to respect the  man made rules firstly? What makes them think I have to be now their false slave too? And why do they think that they are any kind of boss over me in these matters?
 
For  just cause  someone, a lawyer now too even,  some one made up some set of rules it still does  not mean they are all valid, or legitimately  enforceable now too!  I still have even my right of free speech and I still can say what I want, write what I want too.. even about them now too. Not all man made rules, regulations even in writing are rightfully valid still in reality, and just ask any decent judge on the court of the Queen’s judge and he or she can tell you the same thing too.
 
CALGARY – An employee with the Calgary Police Service has been arrested in a drug trafficking operation and Calgary Policeman was arrested for drunk driving that caused an accident..
 

Courts Turn Against Abusive Contracts
 
“In the past month, however, two new US court rulings suggest that judges are developing a more sophisticated sense of how corporations conduct online and technology transactions with their customers that Bell Sympatico especially now needs to note.
 
“The EULAs or terms-of-service agreements are long and legalistic, the deals are offered on a take-it-or-leave-it basis and the terms are often oppressive and one-sided. As a result, the legal hegemony of the EULA is cracking. This is a good development for consumers, who would otherwise be saddled by oppressive terms they have neither the legal sophistication to understand nor the bargaining power to avoid, and for the public interest, which suffers when customers are forced to waive rights that capitalist democracies rely on for innovation and accountability.In Gatton v. T-Mobile (.pdf), the California Court of Appeal struck down a provision in the mobile phone company’s EULA requiring consumers to go through arbitration to challenge termination fees or the practice of selling locked handsets that can’t switch carriers with the customer. The court held that both the way customers entered into the EULA contract, and the arbitration terms of that contract, were unconscionable, and therefore the provision would not be enforced.The reasons the court gave for holding the EULA procedurally unconscionable apply to most EULAs. Even though the arbitration term was fully disclosed to consumers, the contract was one of “adhesion”: an agreement imposed and drafted by the party with superior bargaining strength, which gave the consumer only the opportunity to accept or reject the contract, not to freely negotiate it. As a result, the customer’s unequal bargaining power results in an absence of meaningful choice. The fact that the customers could choose a different carrier may mitigate, but not cure, the procedural unconscionability.Gatton is an important case because it recognizes that every clickwrap, shrink-wrap, browsewrap and box-wrap contract has an element of procedural unconscionability that requires the court to consider whether the challenged term of the contract is overly harsh or one-sided. This opens up the content of contracts to legal supervision, which is great in a situation where the customer hasn’t really been able to bargain, negotiate or otherwise exercise market power.The federal courts seem to be following suit. In Douglas v. U.S. District Court (Talk America) (.pdf), the 9th U.S. Circuit Court of Appeals ruled last month that a service provider may not change contract terms by posting those changes on its website without notification to the customer. In this case, the plaintiff sought to invalidate an arbitration provision like the one in Gatton and a provision stating that New York law would apply to the agreement, because the terms were added to the service agreement after the customer had signed up. The court held that the customer could not be bound to new terms, even by continuing to use the service, if he is not given notification that the terms have changed.Modern customers are at a real disadvantage against the bargaining power of technology corporations, some of which have shown no restraint at trying to limit consumer remedies, or even product testing and review.  Douglas show courts are moving away from applying a simplistic theory of contract formation toward developing legal rules that are more attuned with the modern marketplace and balance of power. This is a welcome development, and one which could protect consumer interests and the public interest by developing rules and limitations on the otherwise extremely useful practice of mass-market contracting.”Jennifer Granick is executive director of the Stanford Law School Center for Internet and Society, and teaches the Cyberlaw Clinic. http://www.wired.com/politics/law/commentary/circuitcourt/2007/08/circuitcourt_0801         

“David Lazarus of the The Los Angeles Times blasts Verizon today for withholding contract terms from customers until AFTER they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to: they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to:

Verizon not upfront on contract terms – Los Angeles Times

Excerpt:

For years, credit card issuers have gotten away with withholding contracts from customers until they actually have the plastic in their hands — a practice that denies many people a fair chance to look under the hood for onerous terms and conditions.Now it looks like Verizon has adopted the same technique.

What really struck [Torrance, California resident Sandy Lough] was the discovery that to receive the promised discount for her bundled plan, she’d have to go online and agree to a 2,000-word “bundle service agreement” and a 7,000-word terms of service for Internet access.

This was the first time she was being presented with the full contract for her new FiOS setup, and the service had already been installed and activated.

The LA Times article goes on to mention some of the more notable terms of the contract.  The interesting thing is that it would appear that this is not simply an oversight – that perhaps Verizon deliberately withholds contract terms from customers until they’ve already committed to the service:

As for why the full contract is withheld until after FiOS has been installed in a person’s home, [Verizon spokesman Cliff Lee] said only that “this is the way we’ve found that works.”

What has happened to make large corporations think they can simply change the deal at their whim, after a customer has already signed on the dotted line, without giving the customer the same right?  “

No large corporation, with almost infinite legal resources and billions of dollars behind them, should be able to use their wealth to put real people at a disadvantage, because it would be presumed that only the corporations   had any legal rights.   Bell included now.

What started as a simple phone call by me in January 2007 to Bell tech help line to determine why my internet services were so slow and sluggish next had  become a major farce, cover-up on the part of Bell Sympatico. I was next lied to for months as to the real reasons Bell they rather had offered me their poor internet services to me and  to many others in my city for years now too.. and then Bell had even  lied to me some more, had also breached their contractual obligations to me many times too, had allowed me even to be slandered, abused on the Bell customer forums now too.. and why? so  that clearly greedy Bell can continue stay in business to make more money..
 
and so who really cares now about the customer’s good welfare in reality? now? What not Bell itself, not the CRTC, not the federal government, not our Prime Minister Stephen Harper, not  the the federal Minister of Consumer Affairs, Jim Prentice..  not  any provincial consumer affairs Minister, but only the citizens, the news media, and the NDP party care about the citizens  good welfare really it seems. Not acceptable for sure too!
  
Bell itself found a an excuse for not performing a specific job assigned to them under the  contract agreement but fooled few ipeople n the process now too. One side breaching a contract is a common, often fact of life, very common, and it happens often in in the Computer business, with Internet Service Providers, in  Real estate and even with new home contractors now as well sadly,  and I  have often witnessed it myself.. and pretentious self regulating boards, governments  are mostly useless too, and it is basically too costly to get a lawyer, it only makes the lawyer’s richer, so now the best way to deal with any breach of contract  is to  expose the bad guys to all, to the news media  and thus really put them out of business.. and I have done that even with major corporations successfully now too.. 
   “
Top 10 Reasons to Avoid Breaching a Contract
10. YOUR BUSINESS REPUTATION. You could damage your reputation in the business community.
9. YOUR BUSINESS RELATIONSHIPS. You could sever your business relationship with the other party.
8. LAWSUITS. You could be sued.
7. TIME AWAY FROM YOUR BUSINESS. If sued, you could be forced to spend valuable time away from your business in order to respond to discovery requests, attend depositions, and litigate the matter in court.
6. LEGAL FEES. You could incur significant legal fees.
5. SPECIFIC PERFORMANCE. Depending on the nature of the contract, you could be ordered by the court to perform your obligations under the contract.
4. CONTEMPT. If you don’t obey the court’s order, you could be held in contempt, fined, and/or imprisoned.
3. COMPENSATORY AND CONSEQUENTIAL DAMAGES. You could be forced to pay money damages to the nonbreaching party, in an amount that puts that party in as good a position as it would have been in were it not for the breach.
2. PUNITIVE DAMAGES. You could be ordered to pay punitive damages, which are not limited by the amount of the other party’s losses and can be very significant.
1. YOU LOSE ALL THE WAY AROUND. You could end up spending much more time, money, and mental and physical energy resolving the breach than you would have spent performing your obligations under the contract.”
http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview/business-forms-contracts-overview-avoid-breaching.html  ”  
 

“The ISP suppliers, Canadian corporations  now even such as Acanac Inc. http://www.acanac.ca 1-866-281-3538  still are big unacceptable Liars who undeniably too are  clearly  guilty also of misleading, false advertising too now..
 
Accanac had mentioned on their internet  site that they do not cap their downloads.. but they conveniently had forgot to also say to all of the potential customers on their site that they lease their services from Bell   that Bell itself  still regularly between 4 pm to 2 am caps their downloads.. when confronted with this they  Acanac Inc do reply  that  they do not cap their downloads but Bell does.. what an absurd misleading play on words.
 
Mind you Acanac headquartered in Toronto did also claim  that  they do provide a solution to this Capping software by means of a Putty software but unfortunately this  Acanac Inc approach is unreliable, requires continual monitoring, and is presently is more problems then what it is worth.
 
and Acanac’s support services are also non basically existent in fact, or very very inadequate, slow…
 

So why does our pretentious , inadequate Minister of industry, JimPrentice MP and his   useless consumer affairs department fail over and over again to look after the good interest of the consumers, but looks mainly after Big business good welfare? and his friends ” And not the rest of us?

 

And

Why does Bell lie about what it does, wants to do still?  
 
 Me I have the decency to first complain to BellSympatico , to tell them honestly, openly what I am going to post on my site next about them too, at least they were pre-warned by me.
  
Firstly I merely have substantiated here how many others now do also like me feel about Sympatico Bell’s secrecy, under handiness, definite internet contract violations, lies… I support in detail  my side of the truth, story too.  I am not alone who complains to Bell often and loudly  and still what surprises me is that Bell wrongfully thought it could get away with al of their bad acts to me and others in the first place..Do notice that no one from Bell has send me a copy of my last six months billing or proof I had requested any contract changes, new equipment as well, and no one had phoned me back this week from Bell again now too.. now why was that? They had lied and had promised they would.  So it is no wonder so many people today are really rightfully upset at Bell, not just me.Bell getting me more upset is the wrong thing for Bell to try to do, I just get louder, do write thousands more letters to news editors, electric officials still too..  They Bell should by now know I too can escalate the matters and not back down.. Bell still does needs to adequately deal wiht me, reply to me before it gets worse for them and they lose thousands more customers..

I paid Bell for unlisted, unlimited download and they did not supply it to me, Bell did not even have the honestly to originally tell the truth to all and to beforehand say that they were capping it now as well.. Bell they done it first in secret, and were thus wrongfully violating my personal privacy in the process too.   Talking about Bell’s balance reply Bell they have only one reply basically and It is take it or leave it.. I have another.. I rightfully object!   but me I also do fight back in writing and let the whole world know how the snakes in the dark operate in the darkness, and the darkness hates the light to be revealed upon it still too. Bell loses many many customers now too as a result of these exposures of how Bell operates.

 

 

Even my neighbors when they read the newspaper can see the positive influence that I have had on the elected officials, news media in regard to Bell’s undeniable bad services, bad acts and my neighbours they all agree with me on this too… I am doing a good thing exposing Bell.  Bell should not fight with someone retired like me, for I have plenty of free time , and a desire to pursue it with everyone even more next too, and it will be costly for Bell too.  I told them beforehand in writing the war with Bell will escalate NEXT TOO and it did, it has, they have a lot more to lose than I have in all of this too…  I do really look like a good guy in many people’s eyes standing up against the Bell bullies and liars.

Beyond the shadow of the doubt the articles posted here next by me showed that Bell ‘s Internet  capping reasons were false, unsubstantiated, and so I still rightfully object to Bell capping my net to all too.

 Why does Bell lie about what it does, wants to do still?   

  2 days respond time from Bell? is a joke.. I have waited weeks just to try to get an official copy of my Bell Sympatico billings this year..

Ironically the real basic Hog is greedy Bell firstly too who is trying to make loads more money from it’s internet services by playing dirty and changing the contract rules without my approval

Bell has mislead us all as to why Bell has been Throttling the internet.
” 20% of traffic comes from P2P applications
During peak-load times, 70% of subscribers use http.
Only 20% are using P2P
Http still makes up most of the total traffic, of which 45% is traditional web content including text and images.
Streaming video and audio content from services such as YouTube account for nearly 50% of the http traffic.
AStreaming content such as TV shows and YouTube is on the rise.
This clearly shows the “bandwidth hogs” are, in fact, ordinary, average http users during peak time, and NOT Bell’s fictitious 5% of “heavy” P2P users” who suck up around 50% of the total available bandwidth.
Bell also tries to say only 5% of surfers use P2P or even know what P2P is.
These data do not support the claims made by Bell, which admits its data were collected in April over a year ago —- and in another country.
So in effect, what Bell has done is to pick a protocol and application they decided were expendable, with no supporting current evidence or data on their network, also unilaterally deciding for their wholesale customers (who are also their competition) what applications they’ll block.
This should be a warning for everyone to wake up to the fact Bell is throttling anything and everything it pleases, and since streaming video (YouTube and TV shows) is high on the list, this will surely be next on their list of items to be throttled.
Since it’s now obvious that, contrary to Bell’s claims, P2P isn’t the real target (since its not really that heavy on the network during peak time), what’s the real reason for the company to install and apply technology able to open and inspect packets? (And, by the way, it can also retain logs.)
Is it to delay upgrades?
Is it to peak into people’s private packets?
Is it to gather data on users and the users of the competition?
Is it because P2P is now mainstream (20% of the users, not 5% as proclaimed by Bell) and growing by 100% yearly?
Is it a way for Bell to lower their peak-time bandwidth costs and at the same time prevent its own users from jumping ship to the competition?
But hey! Don’t take my word for it; take Arbor Networks, the maker of the throttling machines Bell could be using!
Meanwhile, check out CAIP’s second submission to the CRTC.

References:
http://gigaom.com/2008/04/22/shocking-new-facts-about-p2p-and-broadband-usage/
http://communities.canada.com/montrealgazette/blogs/tech/archive/2008/04/23/vide”
http://www.p2pnet.net/story/15738#comment-433287 
 
In secret, and unofficially “Bell commenced the throttling of competitor traffic at precisely the same time that it decided to eliminate the last vestiges of its retail unlimited Internet usage plans. And that was obvious to me and I had told everyone that too.. that Bell has not been open and transparent in how they have abused their customers. Unacceptable

“Bell’s own customers, Canadian Net users and smaller ISPs have become allies in a bid to force telco giant Bell Canada to stop using P2P file sharers as an excuse to shackle bandwidth. Called traffic shaping or throttling, the corporate ‘management’ action not only severely restricts services users have paid for, it also impacts net neutrality and prevents online freedom of speech, say critics. Leading the attack against the practice has been CAIP (Canadian Association of Internet Providers) representing more than 50 independent internet service providers who, not at all incidentally, are also Bell clients. One of them, TekSavvy, based in Ontario, has organised a rally on Parliament Hill in Ottawa to force politicians to pay attention to customer needs. The date set for the rally is May 15 “This will be for net neutrality, which will bring the Bell topic in, but will have a much larger goal,” company CEO Rocky Gaudrault “Net neutrality hits a public nerve. But it’s not really a stand-alone. There are many overlapping issues here. I’ve mentioned privacy, choice and ISP transparency, but there are many other aspects.” In the view of CAIP, Bell has failed to establish a rational connection between its throttling practices to any legitimate or pressing objective of any kind and the corresponding effect of these practices on competitors and their end-user customers has been at once targeted and overly broad. By Bell’s own admission: Bell is deliberately reducing the speed and throughput of a local access service (i.e., GAS) that is used by interconnected competitors to provide a wide variety of retail telecommunications services to their end-user customers, including remote LAN access services, voice over Internet Protocol (“VoIP”) services, virtual private network (“VPN”) services, streaming audio and video services, data exchange services, and high speed Internet access services. Bell has engaged in these throttling practices without providing a shred of evidence that its network is congested or that its GAS customers are the specific cause of any alleged network congestion. Bell commenced these throttling practices without providing competitors with any notice of its intention to throttle or “shape” their traffic and without providing competitors with any opportunity to test the impact of Bell’s traffic shaping technology on the services that competitors deliver to their end-user customers.

Bell’s campaign of throttling competitors traffic was initiated at precisely the same time that it decided to stop offering an unlimited usage plan to its retail Internet customers – a decision, which Bell knew might cause its retail customers to migrate to the unlimited usage plans of competitors.

There is also uncontradicted evidence, as particularized at paragraph 56 herein, that strongly suggests that the reasons behind Bell’s decision to throttle its competitors’ GAS traffic have little to do with Bell’s unsubstantiated claims of “network congestion” and more to do with a desire to lessen competition in retail telecommunications markets. There are far too many “coincidences” between the timing of the initiation of Bell’s throttling practices and the timing of a number of other events in order to conclude otherwise.”

“Failure to Provide Notice of Network Changes CAIP notes that Bell has chosen not to directly address in its Answer its failure to “notify” its competitors of its intention to implement network modifications that could affect the operation of other carriers’ networks. Bell. It has made changes to its network without notification. No information was provided to its wholesale customers as to exactly what changes Bell has made. CAIP’s members have been subjected to unexpected network disruptions, their network users were affected without notice, and Bell failed to provide them with the opportunity to examine the proposed change, conduct joint testing and take action as required before the change came into effect.16
In addition, the reality of Bell’s “willingness to work” is far less encouraging. Since March 14, 2008, the only notice that Bell appears to have issued to its wholesale customers in relation to its throttling measures is a two-page document entitled “DSL Traffic Management – Frequently Asked Questions (FAQ)”. By way of response, CAIP can advise that this “FAQ” document was not received by all of its members who subscribe to Bell’s GAS. Moreover, the document was sent out more than one month after Bell commenced the throttling of its competitors’ traffic which is hardly responsive given Bell’s duties to provide advance notice of network changes to its competitors. Perhaps more troubling, however, is the fact that Bell’s FAQ document is almost entirely bereft of any technical details regarding its traffic shaping equipment and network protocols. Moreover, when asked to provide this type of information, Bell has been extremely evasive and short on technical details. This is not acceptable state of affairs.

Bell’s Actions Constitute an Undue and Unreasonable Preference Granted to Itself and a Disadvantage Applied to Competitors In addition, Bell suggests that the following alleged facts somehow minimise the illegality or deleterious effect of its traffic-shaping measures: throttling is “applied only during peak usage periods” and “only applied to P2P file sharing applications”;

“it has not been presented with any evidence that its Internet traffic management solution is having any impact on VPN or VoIP traffic.22

New media content available on the Internet is often delivered using P2P protocol. So regardless of whether it is streaming content or not, it is clear that new media undertakings are seriously affected by Bell’s decision to target all content delivered using P2P protocols.

Bell commenced the throttling of competitor traffic at precisely the same time that it decided to eliminate the last vestiges of its retail unlimited Internet usage plans. 30 Bell’s 2007 Annual Report indicates that it knew that the discontinuance of such plans might cause its retail customers to migrate to the unlimited usage plans of its competitors.31

Bell commenced the throttling of competitor traffic at the very same time that it launched a massive mailing campaign to its home phone customers that is intended to promote its retail Internet access service, a service that is described by Bell’s billing insert as offering “super fast access speeds” of up to 16 Mbps. This mailing campaign also states that Bell’s Internet services provide a “Direct, uncongested gateway to the Internet” over a “brand new, next-generation fibre optic network”.32 Bell does not offer a 16 Mbps speed to competitors under either its GAS or HSA tariffs. The fastest speed available to competitors under these tariffs is 6 Mbps.33 .

This aspect of Bell’s wholesale throttling activities gives rise a serious issue that Bell’s actions violate the privacy of the communications of its wholesale customers as well as that of their end-user customers.

BELL’S TRAFFIC SHAPING MEASURES ARE CAUSING IRREPARABLE HARM

Bell does not deny that reduced data transfer speeds could harm its competitors.

The fact that there is no legitimate and pressing basis for Bell’s throttling actions and therefore, no overriding interest, either private or public, that favours withholding the interim relief requested by CAIP;

Even if there was any evidence of a legitimate and pressing basis for Bell’s throttling actions, their effect is at once so overbroad, discriminatorily and it outweighs any inconvenience to Bell of returning to the status quo ex ante; and

To the contrary, an overriding public interest in:

(iii)The protection of privacy;

(iv)The inviolability and neutrality of telecommunications common carriage;

(v)Maintaining respect for the enactments of Parliament;

(vi)Enforcing the Commission’s tariffs and policies, such as the Commission’s Notification of Network Changes policies strongly tilts the balance of convenience in favour of granting the interim relief sought by CAIP.

As discussed above, there is no legitimate, competitively neutral basis for the measures undertaken by Bell. Rather, at this point, the evidence points to the conclusion that the most rational explanation for the reasons that Bell undertook the throttling measures are purely commercial and relate directly to a desire to decrease competition in the downstream retail market.

The Public Interest Would be Protected by a Return to the Status Quo Ex Ante

http://www.p2pnet.net/story/15735  

 

 

 

Canada’s Federal Government, Bell

 
From: Paul Kambulow
Sent: Friday, April 25, 2008 4:09 AM
To: pm@pm.gc.ca ; Nicholson.R@parl.gc.ca ; Day.S@parl.gc.ca ; Dion.S@parl.gc.ca ; Abbott.J@parl.gc.ca ; allenm@parl.gc.ca ; Ambrose.R@parl.gc.ca ; Anders.R@parl.gc.ca ; Baird.J@parl.gc.ca ; Bell.D@parl.gc.ca ; Bernier.M@parl.gc.ca ; Blackburn.J@parl.gc.ca ; Cannon.L@parl.gc.ca ; casson@rickcasson.com ; Chong.M@parl.gc.ca ; Clement.T@parl.gc.ca ; davebatters@shaw.ca ; Davidp@parl.gc.ca ; delmad@parl.gc.ca ; DevolB@parl.gc.ca ; Emerson.D@parl.gc.ca ; Faille.M@parl.gc.ca ; Finley.D@parl.gc.ca ; Flaherty.J@parl.gc.ca ; Fletcher.S@parl.gc.ca ; Goodale.R@parl.gc.ca ; hawnL@parl.gc.ca ; Hearn.L@parl.gc.ca ; Holland.M@parl.gc.ca ; info@dickharrismp.ca ; jaffer@parl.gc.ca ; Keeper.T@parl.gc.ca ; Kenney.J@parl.gc.ca ; Layton.J@parl.gc.ca ; Lukiwski.T@parl.gc.ca ; Lunn.G@parl.gc.ca ; Mackay.P@parl.gc.ca ; MacKenzie.D@parl.gc.ca ; martin.paul@parl.gc.ca ; mathyi@parl.gc.ca ; Mayes.C@parl.gc.ca ; Moore.J@parl.gc.ca ; Obhrai.D@parl.gc.ca ; OConnor.G@parl.gc.ca ; Oda.B@parl.gc.ca ; ottawa@larrymiller.ca ; Pallister.B@parl.gc.ca ; pepinl@sen.parl.gc.ca ; Prentice.J@parl.gc.ca ; rajotte.j@parl.gc.ca ; sgroj@parl.gc.ca ; silva.m@parl.gc.ca ; simmssc@parl.gc.ca ; Skelton.C@parl.gc.ca ; Solberg.M@parl.gc.ca ; sorenson.k@parl.gc.ca ; Toews.V@parl.gc.ca ; Verner.J@parl.gc.ca ; volpej1@parl.gc.ca ; warkentin.c@parl.gc.ca ; Yelich.L@parl.gc.ca ; zedp@parl.gc.ca ; letters@cbc.ca ; news@ctv.ca ; newsroom@herald.ca ; newsdesk@lfpress.com ; submit@theherald.canwest.com ; letters@thegazette.canwest.com ; globalnational@canada.com ; localnews@tc.canwest.com ; sunnewstips@png.canwest.com ; city@thejournal.canwest.com ; globalnews.reg@globaltv.ca ; mmarshall@leaderpost.canwest.com ; oped@ott.sunpub.com ; editor@tor.sunpub.com ; tabtips@png.canwest.com ; sanderson@thecitizen.canwest.com ; newsroom@canadianchristianity.com ; ministre@finances.gouv.qc.ca ; ministre@justice.gouv.qc.ca
Subject: it is no secret why Stephen Harper and Stephen Dion are not more popular with the citizens
I also do agree it is no secret why Stephen Harper and Stephen Dion are not more popular with the citizens.. it seems both of them are really deaf too.
 
Majority of the voters are still just the ordinary basic citizens who really do care if the governments does look after the citizen’s own interests, and  not rather mainly after the selective few.
 
Yes most People still do watch even you as to how you. and I do treat others,  how the government threats others, for they know that is likely how they will be treated next too.
 
Now for 25 years I have rightfully complained that the government has not dealt with, addressed many of the  the basic citizens complaints such as –
1: The bad Canadian cops , bad RCMP who rarely are punished for abusing the citizen, their internal cover-up police reviews are an unacceptable farce.
2: Consumer affairs protection is another pretentious joke, and we have seen that illustrated too often how little is being done about false, misleading advertising, especially now in regards to the big Bully Bell.
3  But also now there are many other related past citizens complaints, the citizens had been led to hope, to believe they would be addressed by the new Conservative.. but were sadly disappointed..  such as those too often pretentious and inadequate still civil and public servants in Health Canada, Foreign Affairs and in Immigration Canada now too.. and even bad civil and public servants in other governmental departments..
 
The self serving leaders, rather still pretentious, bad managers,  and  bad governments, are too transparent to get the citizens full support still too and rightfully so too.
 

 
Sent: Friday, April 25, 2008 10:05 AM
Subject: The Bell Paul Kambulow Topic
  paul kambulow Re: The Paul Kambulow Topic
9:58 AM
 
To my Witness the following happened on my Bell unlimited, 6 meg high speed account, and I have been with Bell for many years for a start.. I want Bell to honour all of their past promises to me.
1 Firstly what is there here to understand now, it is all simple, Bell for months, years now lies to me even in their adds, on the phone, on the net, by chat.. I Phone them, write to them and I make posts here, and they next do say sorry but Bell they do not keep their promises, and/or deal with my complaints fully, adequately too. Facts posted in detail on about 12 internet sites for all to read. It is all undeniable too. http://thenoncomformer.spaces.live.com /2 They Bell, Executive Care Sasha Rollins still do send me 3 letters to my home in the last 9 months by mail, Bell had threatened in writing to cut of my phone, my internet account if I complain about Bell to any others. Next me, the news media, the Prime Minister too, strongly objected to this approach by Bell. I next often tell Bell to go to court, for I need the publicity, for that is the only way they are going to be paid for Bell’s false extra changes, contract violations too. If they cut of my internet or send me lying Bills, lying phone calls I will charge them with harassment next as well.So BELL in the last month mostly does not even reply to my emails except to phone me at home and say a person at the highest level has been appointed to deal with it, he had phoned me at home, and all of my complaints had be resolved, but this is a great lie, for when I ask all of them for the name of the person no one knows who it is, or what his name is. I ask for his phone number and they refuse to give it to me. I still have not got an official confirmation of any of this still too after many requests too. My past Contact officially with BELL SASHA ROLLINS HE EVEN DID NOT RETURN ONE PHONE CALL TO HIM THIS YEAR, NOR REPLY TO MANY MANY EMAILS, AND HE HAS NOT DEALT WITH ALL OF THESE DETAILED COMPLAINTS ABOUT MY BILLING ACCOUNT, LINE PROBLEMS, BELLS MANY LIES AS WELL.

3 The last many months too I specially as well have not been able to access my Bell on line Billing , to even see, get my monthly billing for months, so I phoned them about a month ago specially too and Bell still will not send me an official copy of them.. and does that fact alone not make you really su****ious of Bell? why are they doing that now? Waiting for a CRTC hearing presently ongoing to be able to screw me officially? or waiting for me to leave Bell on my own? OR WHAT? DO TELL ME.

4 I was on a high-speed unlimited contract and someone at Bell changed it to who knows what, for they never gave me confirmation of what I was even changed to yet now as well. and I have asked them many times too.. and why.. they lie.. and don’t tell me what you think happened here.. confirm it officially.

5 Because someone changed me to another plan, and I was given the name and number of the Bell employee by Bell accounting now too, next I also got a rather huge bill upwards of 250$ for bandwidth charges. Meanwhile SOME ONE AT BELL ACCOUNTING sends me unofficial, unsigned partial billing statements, supposed new contract, but it is so vague, useless.. all it says is I agree to a Bell internet service! no terms specified. Bell will not even confirm when my supposedly old contract had started and stopped as well.. why?

6 Plus someone at Bell lied and said I wanted this year an upgraded modem and charged me 55 dollars for it too.. and I never was even requested it or told about it..

7. My internet has been cutting off intermittently (a sign of Bell’s external wiring problem). continued

 

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paul kambulow Re: The Paul Kambulow Topic
9:59 AM
 
8 Plus 3/4 weeks my speeds fluctuated from 1 to 6 megs and they were not a steady 5- 6 megs9 Plus Bell capped my bit torrents without telling me too.10. My speeds have been fluctuating (a sign of a wiring problem and/or a sign of the profile being changed by Bell continually too.. I get different answers from Bell to what my speed profile was even under the old Unlimited contract.11. Although since January 2007 I have been complaining about my slow internet last July I found out Bell really had no high speed line at all in my area, we all here had been for years paying for high speed and next we got only al low speed line in fact

12 So Bell in August 2007 out me on a Fiber optical cable at 6 megs, and promised me 3 months free service too.. It last one month, and they they broke their promise and demanded an extra 74 dollars per month in September from me for the 6 meg unlimited..

13 So next In December Bell Sasha Rollins agrees to six months free internet at 6 megs and unlimited downloads in writing.. and this last only for 3 weeks.. the speed profiles next do change generally during the last week of January, February, March 2008 and 3 weeks of complaining they bring it back up.

14: I also have been having disconnect problems that the last 9 months too when it rains

15 I have been having new capping on my email send outs the last 9 months too

14 This problem Bell internet services has been going on for many many months and so in March I ask them to pay me the 6 months free internet as promised plus an extra 500 dollars too for someone else’s mistake.

And if they continue to hassle me about this I will rightfully demand one year free internet service, and 1000 extra.

15 In the last 9 months I had my modem replaced 7 times, I had 7 repairmen in my home, I talked to 7 Bell expediters at the executive care including Sasha Rollins, and still get screwed by Bell’s ongoing lies, Bell’s contract violations, failure to keep their promises too.

16 Instead of giving me 6 months of promised 6 megs unlimited free internet Bell next credits the account for 304 dollars, next cancels the credit, next reinstalls the credit, and meanwhile Bell even falsely tries to take more money from my pre authorized payment bank account even twice in one month causing an 75 dollars Bank over draft, when I was on the free 6 months plan, plus had a credit here for it too. Now they have to pay me back the 75 dollars too rightfully

17 I often get a phone calls at my home from supervisors in India, or Accounting too, or Bell executive carte who say they will resolve all my complaints and call me back the next day, even from a new person this week, but they do not call me back firstly, never mind deal with all of my complaints, demands too.

18. Yes I rightfully want the bandwidth charges removed for 2008 till we both agree upon a new contract, payments right now there is no official contract, and thus have no right to take any money from by pre authorized bank account for it too..

19. I want any costs incurred, due to me leaving Bell to go elsewhere to be paid by Bell as well for I had told bell in December I would rather go to their competitions at 19 dollars per moth, for one year, 5 megs speed, unlimited download and they asked me not to do so.. based on their false, dirtied promises.

continued

 

 

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paul kambulow Re: The Paul Kambulow Topic
9:59 AM
 
 
20. I am still on regular high-speed plan, unlimited for no one gave them person to change it FIRSTLY, NOR HAD BELL NOTIFIED ME OF ANY CHANGES TO IT OFFICIALLY TOO.21 . I still want copies of your bills for the past 6-months so you can scrutinize them to see if there is any other money you may have over-paid. and there wasHave I missed anything? yes many other rightful complaints about Bell too, manyFederal Consumer affairs Minister Jim Prentice last year had promised to prosecute Bell Sympatico for false misleading advertising to me, The Quebec Minister of Fiancé ME Forget promises to review the matter and get back to me as well.. and where are the results here too? etc..,,

 

 

 

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