Here’s the response I filed with the BBB yesterday.
CASE ID: 22168058 On August 11, 2014, you provided the following information:
(The consumer indicated he/she DID NOT accept the response from the business.)
After Mr. Erb's response was posted to the BBB site, I e-mailed him and other Veracity personnel, indicating that their request to have Technicolor pay the XO ETL was not fair nor equitable. Mr. Erb then invited us to their Draper office for a meeting, which we did accept and attend on August 5th. In that meeting, we shared our mutual frustrations, and agreed on efforts to work together to address the problem to resolution.
In the days that followed, we gathered additional technical information, and then on Friday the 8th, participated in a technical "deep dive" with their high-level engineering staff, which took place over several hours. At the conclusion of that technical session, both parties had gathered sufficient technical evidence indicating that the root of the problem is persistent packet loss/congestion within XO's network, which sits between our building and Veracity's infrastructure. Consequently, Veracity's engineering staff is pushing back on XO to get the problem corrected. Neither Technicolor nor Veracity have direct control over XO's network, although Veracity contracts with XO to provide "last mile" service for our connection, since no Veracity fiber is present in our building.
We are hopeful that Veracity is successful in getting XO to correct the problem, and feel it would be reasonable to give them until August 31st to get the problem corrected. Technicolor has provided Veracity remote access to virtual machines within our building, so that they can perform any necessary testing 24/7 without relying on our involvement, although we are happy to assist with any troubleshooting should it be necessary.
We maintain that the relationship with XO rests with Veracity, and that it is their responsibility to drive them to resolution. If resolution can be obtained by August 31st, we feel it would be reasonable to finish out the contract. If not, we feel that it would be reasonable for Veracity to release us from the contract, with no ETL or other penalties.
Sincerely,
Jim Harle