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How can we get cable/internet provider working again?

Started by StartedM • 18 replies • 2767 views

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StartedM (Virginia)
Posts: 8
Posted:
I live in Stafford, VA, my HOA has a 30+ year exclusive with the private cable company “Mosaic Broadband” for cable (in HOA fee) / internet (I pay). Since 24 May 11 there has been no Internet, and no cable since before 4 Jul 11. Customer service says the corporate office will not give them updates, so they cannot tell us when we will get service or what the problem is. A BBB complaint was filed, but it was closed because Mosaic didn’t answer.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Since its part of the HOA fee, have you tried talking to someone in the HOA? Maybe they didn't pay the bill?

PS. I've never heard of cable/internet included in HOA fee before.
TimB4 (Tennessee)
Posts: 21,059
Posted:
The Board should first read the agreement to see what is supposed to be provided. They should then contact the cable company via certified letter and discuss any breach of contract issues. Once the contract is broken, the Association may enter into an agreement with a new company OR let each member select their own service.

If you are not a board member, you need to complain to the board. Perhaps requesting a copy of the contract to see what it says and make suggestions to the Board.

Tim
DonnaS (Tennessee)
Posts: 5,671
Posted:

Steve,

My Florida HOA has a contract with Comcast for basic T.V. which is included in the quarterly dues. The contract is renegotiated every 5 years and the fee for each unit is unbelievably cheap. Being that every house gets the service, it is a deal for both Comcast and the HOA to provide this service to all. Currently, the cost per unit is $41.00

I would definitely have a rep from the Board make some phone calls and find out what is going on. Why pay for something that you are not getting.
DonnaS (Tennessee)
Posts: 5,671
Posted:

I should have included that if you want to upgrade your service, Comcast willbill you seperately.

If you want to go to Dish service, the dish can only be pole mounted from the side and back from the unit because the units are maintained by the HOA. There are back yards as well so signals are not a problem.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I'd venture to say that your contract is breached by the non-service over such a long period of time.

Even if not, it should be broken by your board and more-stable service found.
StartedM (Virginia)
Posts: 8
Posted:
It is not just our HOA, and yes they paid the bill. Other HOAs/subdivisions are having the same issue. We have complained to the HOA board, and they have been contacting Mosaic Broadband, but Mosaic is not providing any information. Also, Mosaic Broadband is not fixing it, just saying we are aware, and it is being worked. The contract is VERY one sided, and gives the HOA no way out. I have read it and cannot believe how bad it is.

The HOA is trying to figure out what to do, but the last board left it broke. So they are in fear of the $25,000 fee for breaking the contract, and to get a lawyer will run like 20k.

Sorry, I could not rely sooner, but as I mentioned this is our subdivision’s cable and internet. There are direct TV dishes popping up on everyone’s decks, yards, and roof tops. I now go on my deck and my neighbors dish is right there. A “Direct TV” dish is not a great view.

The Crazy thing is, we pay about $122 a month, and only get a couple of kids playgrounds, lawn care, snow removal, and cable. It was tolerable when we had cable, but now......not so much.
StartedM (Virginia)
Posts: 8
Posted:
Sorry for got to say or remind that the cable is included in the HOA, but I pay for the Internet. However, due to the contract the only internet provider I can get is Mosaic Broadband. I really wish I would have looked the cable/internet company up prior to moving, but who does a 30+ year contract? I guess the developer, and cable company manager.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I still think that since the contract is signed for a service, and it's obvious the service is, and has been, broken for a long time, you could argue a breach in service.

The contract won't hold if one side cannot deliver on its terms. Period. Signatures or not. This is a deal between two parties. You've kept your word. Mosaic hasn't for whatever reason. This one's worth a fight.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Started,

Is cable service regulated as a utility in your state? (It is here in Connecticut.) If so, has any one tried contacting the state agency responsibile for regulating utilities (and cable)? Has any one tried contacting the FCC? They may have some jurisdiction in this matter. At one time the FCC was considering regulations to do away with the type of cable contracts you are referring to. I don't know if that's still on the table or not.
StartedM (Virginia)
Posts: 8
Posted:
I will have to check as to how cable is regulated in Stafford, VA, however, Mosaic Broadband’s customer service informed me that they are a private cable company, and because of this they are not regulated by the FCC.

In regards to the “breach of contract,” I also feel it is a breach, however the contract is so one sided that it contains what I believe is illegal (my opinion I am not a lawyer) terms and terminology.

Per the contact between my HOA and Mosaic Broadband…..

If there is an alleged breach or default the defaulted party shall have 30 days to cure any non-monetary default. If it can’t be cured within 30 days, such party shall have a reasonable time beyond 30 days to cure the default, provided the cure commences within 30 days and is diligently pursued to completion.

Also, ….

Under no circumstances shall HOA, Owners, Residents, or any other party have any right to terminate this Agreement due to any alleged breach or default hereunder by the Operator.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Started,

The FCC does indeed regulate cable companies, whether they call themselves "private" or not. However, and here's the rub, your "cable" provider is NOT a cable company.

The FCC regulations apply to cable companies that use the public right-of-way for distribution of its signals. After a little research, I learned that Mosaic is a broadband service provider that specializes in Multiple Dwelling Unit (MDU) tv, internet, and phone distribution. In other words, their distribution system for your community likely has been set up to serve just your community. They may serve other communities like yours, but not the general public. Hence, they are not regulated by the FCC, and are likely not regulated by any local franchise authority, either, although I would still check. Think of it as a community antenna system operated by Mosaic.

I guess the question now is, can you get out of your contract? Contracts that are egregiously one-sided have sometimes been ruled unenforceable by courts. Or, there may be portions of your contract that may be unenforceable. There could be several loopholes and legal issues that may possibly be used to get you out of your contract. For this, I think you would be best to seek the advice of a lawyer. If the HOA has a lawyer it uses, that would be the place to start. Otherwise, one could contact a lawyer. It may not be possible to get an initial consultation for free, but, if not, an initial consulation might run between $200-$500. It might be worth it, and the cost could be shared among several residents. At least, you'd know what your options are.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By DonnaS on 07/27/2011 4:38 PM

Steve,

My Florida HOA has a contract with Comcast for basic T.V. which is included in the quarterly dues.

Donna,

Is this contract still in existence? When I lived in Florida 1999-2003, the HOA I was in had a similar contract. However, I believe they may now be unlawful.

Although the attached says it does not apply to "private" cable operators, I believe Comcast does not qualify for that exclusion if it uses the public right-of-way for distribution of its signals to that HOA.

You might want to read the attached document, Very short. Also interesting is FCC 07-206A1 which is referenced, but that document is much longer.
📎 Attachments (1):

⏸ Downloads temporarily unavailable

📄173142056271.pdf(118 KB)
StartedM (Virginia)
Posts: 8
Posted:
Bruce,

The contract further gives exclusive access to easement. For our community, everything was set up so that Mosaic never uses public land. Mosaic Broadband services several MDU’s in our area, and at one time when you called the customer service line there was a recording listing all the properties without service. However, that stopped recently.

I have already drafted a two page complaint to the state attorney general, but will also be using it for local complaints as well.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Started,

I'm beginning to think there may not be much you can do, at least for the moment. From your OP you've been without TV service for about a month; internet longer. Probably not enough time to undertake legal action, and by the time you did, service might be restored. Hopefully, they are not billing anybody for internet service. (By the way, how are you communicating with this forum?)

Probably the best you can hope for (and should demand) is that once service is restored (hopefully soon), that the HOA is not billed for the time period (prorated on a daily basis) that Mosaic was unable to provide service.
StartedM (Virginia)
Posts: 8
Posted:
Like many of us, I have gotten an alternate Internet service provider. Thank goodness for Cricket, but it is more expensive without unlimited downloads.

I was thinking of small claims court against Mosaic Broadband. Since they cannot/will not provide service, I had to purchase a Mifi hot spot ($140ish), and monthly service higher monthly internet payment (extra $15ish) than my payment to Mosaic Broadband. I feel I have a good case, since we have to go through Mosaic for internet and they are no longer providing it. I think, I have a good case.

Maybe I should post the lawsuit thing in a new post.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Started,

Has everyone effected called and demanded a credit for non-service on their bills (including the Association)? [I expect that you have already started this but perhaps your neighbors haven't]

Once this starts happening (on a daily basis if need be) the issue may be addressed by the company.

StartedM (Virginia)
Posts: 8
Posted:

I have and I think others have called numerous times requesting credits.
In the beginning of all of this the wait time was about 15 minutes (being generous), however now I speak to a Mosaic Broadband customer service representative within 5 minutes. Also, before the “call center” claimed to be part of the company, but now they are saying they are a contracted call center. Seems like they are distancing themselves.

So, yes I and many of us have called, but little has happened. This is the first time I have ever seen, heard, or been involved in anything like this. A situation where I am the end customer, and the middle man is trying to help (I pray), but the main company is blowing everyone off. They will not even tell the call center what is going on and when we might get service.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Started,

It's not unusual for call center services to be outsourced.

I'm beginning to also wonder if something else might be going on. maybe Mosaic didn't pay their bills? It might be worth poking around to see if Mosaic is in financial trouble or not.

If other MDUs are having the same problems with Mosaic, has anyone tried talking with residents in those communities or with board members? What about MDU's served by Mosaic in other cities/towns and states served by Moasaic? Has any one spoken with or or tried to contact the media? It might make an interesting story some paper or TV station might want to pick up on.

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