MODERN TECHNOLOGIES 3333 BROADWAYD10G NY, NY 10031 - NY.gov
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MODERN TECHNOLOGIES
3333 BROADWAYD10G NY, NY 10031
Direct Cell# 646 377 8066, EMAIL: NYSWEBCASH@GMAIL.COM
Hon. Michelle L. Phillips
Secretary to the Commission
New York State Public Service Commission
AgencyBuilding 3
Albany, NY 12223-1350
Phone: (518) 474-2500
Fax: (518) 474-9842
E-mail: secretary@dps.ny.gov
SENTTO: Secretary@dps.ny.gov; complaint.filing@dps.ny.gov; keefe.b.clemons@verizon.com; et.al.:
RE: Matter Number 19-02762: Case Number: 20-C-0032
FILING RELATED COURT ACTION SUBMISSIONS
|, Jomo Williams, state the following:
Please find in direct relation to petition & complaint for case Number: 20-C-0032,
that:
1) Annexed & attached hereto are approx. 80 papers, that | submitted into
this instant DPS, proceeding for DPS, to take under consideration withall
the prior submissionswithin in this matter, when DPS, is makingits
determination for same.
Wherefore | humbly request that DPS, grants any & all relief sought in Case
Number: 20-C-0032, by me;et.al., it deemsjust and fit.
RESPECTFULLY
3/17/2020 Yomo Williams
Jomo Williams
DBA Modern Technologies (Active)
Choice CommunicationsInc.(Inactive/Cease status)
cc: Keefe B. Clemons, Verizon General Counsel — Northeast Region
Tel (212) 519-4716, Fax (212) 962-1687
keefe.b.clemons@verizon.com
Civil Court of the City of New York
Countyof News York. Index Number (0027 HSC. Qol o
MOSZRAN “TECANDLOGIC
in : i tinie . AFFIDAVIT REQUESTING
NUNC PRO TUNCFILING OF
~against-
VERIZON
Defendant/Respondent:
STATE OF NEW YORK.
COUNTYOF yeu YORK
Jomo La WKaMS , being duly sworn, hereby deposes and says:
1. I makethis affidavit in support ofmy application for an order allowingthe filing of the
BMradwd BO Caseccaune pro tunc. The MM ached 0 faaacs was filed in an untimely
manner on ‘3{{7['202Q because:
Now 3\4} 2020; Pasescs were, cot NCR OK cd Lor fray +
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2. The error in filing is not prejudicial and the /\-+4 aches eb § 15$ attached, complies
with all of the statutory requirements. j;}——___
| Signature
\
Sworn to before me
this [7 day of [//j, eh 20 20
“4 Notary Public )
ARANDA:
COMMISSIONER OF Go ty IPS at NEW ORK
Hsu
‘) fied th deans Ceo
My Commission &x pure Ape : |,Jobl_.
CIV-GP-10-1 (April 2004)
FREE CIVIL COURT FORM
No fee may be charged to fill in this form.
Form can be found at. hitp./Avww.nycouris.eov/courts/nye/civil/forms.shtml.
CENVITE COURTOS TWO |
Couwt, of New yore
YORE TY ECANOLOGCAES
(List the name(s) ofthe plaintiff(s)/petitioner(s).) 60047 HS & (20K )
- against - AFFIRMATION OF SERVICE
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(List the name(s) ofthe defendant(s}/respondent(s). )
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served a copyofthe attached (list ihe names ofthe documemsyou servedy. “WONT PYRO “VON ©,
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upon all other parties in this case by (state how you served the dctmentsfor example, hand delivery,
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and leave a blank space between words.
STATEMENT OF CLAIM
Mod EBN TECHNOLOGIES
I. CLAIMANT'S INFORMATION Ay) .
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Trial Date
OFFICEADDRESS (3137 (3 BO Rupeesye 1 On OI pete ririii |
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0 DEFENDANTV. THIRD PARTY
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0) WAGE CLAIM TO $300
AmountClaimed: s!0999 Maximums3,000) : Date of Occurrence or Transaction: \ } 4) [ LANGUAGE
Briefly state your claim here: (Include Indentifying Number(s) — Receipt #, Claim #, Account #, Policy
#, Ticket #, License #).
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FIRST DATE
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Index Numbers 68027 HSC 2819 aman .
MODERN TECHNOLOGIES5 vs. VERIZON va
12) and/or other pioof of your claim, at the time and place indicated above.
FEE: $6.25 Paid Harch 13, 2828 1 order to prove your daim you must produce, at the time of trial, either:
Cash ne
Additional Defendant (Cowm/Cons) “Paid?” sud signed), or
Your Case is Scheduled for: 84-89-2028 1s Qtemised sad signed) . : ne.
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J. MACHELLE 3: )WEETING
‘CIV-GP-4) (amumy, 199%)
RECN SUPPLEMENL
Tortious Interference
Verizon, had intentionally interfered with Modern Technologies’, third party
business relations and contracts in many ways
1) Verizon had interfered with Modern Technologies’ contract agreementit
has with IKANO wholesaler.
2) Verizon, as an ILEC, has the duty to install & repair, lines on Verizon
Network order by Modern Technologies, from Modern Technologies’, third
party wholesaler IKANO.
3) Verizon, had intentionally refused many times to perform its duty as the
incumbentlocal exchangecarrier (ILEC) to install and repair many Digital
Subscriber Lines (DSL) that Modern Technologies, had orderas an internet
Services Provider (ISP) from its Internet Access Wholesaler IKANO.
4) Verizon, had also interfered with contract and business relations Modern
Technologies, had held with Modern Technologies’ own sub agents, that
Modern Technologies, made with its sub agents to resell Modern
Technologies’, branded internet access to the public
5) Verizon had interfered with said business relations between Modern
Technologies and its many sub agents by:
(a) Intentionally not installing & repairing DSL ordered lines by Modern
Technologies(i.d.) and
(b} Intentionally refusing to enter into a direct wholesale contract with
Modern Technologies, by unlawfully imposing unneeded requirements
upon Modern Technologies, to stop completion of the contractual process
directly between Modern Technologies and Verizon.
6) Verizon, had imposed a Departmentof Public Service (DPS) certification
requirement upon Modern Technologies, for unregulated services that
needed nocertification; and DPS (regulating government body),it self-
stated too that nocertificate is needed for the wholesale services sought by
Modern Technologies from Verizon.
7) Verizon, had also interfered with relations between Modern Technologies
and Modern Technologies’ own customers, by resorting to unlawful tactics
like “slamming”,”cramming”, Slander & Libel, and other unlawful tactics,
whichis prohibited by the various governmental regulating bodies in the
telecommunication industry (slamming/cramming,is the use of
underhandedtactics to steal customers from others businesses within the
Telecommunication Industry).
8) Verizon, had also tortious interfered with Modern Technologies’, above said contracts, by Verizon, refusing to sub contract Modern Technologies, as installers and repairers, so that Modern Technologies, could install and repair its own ordered DSLlines, to enable Modern Technologies, to circumvent the above said Verizon’s intentional acts to interfere and sabotaged Modern Technologies’, business efforts and contractual commitments. 9) Modern Technologies Hadloss use of: (a) investments; (b) fleet; (c) monies (tied up $10,000.00, Modern Technologies, had put on reserve from 2016 (yr) to present date to comply with Verizon’s contractual demands to do business with Verizon); (e) business insurance paid premiumsthat was necessary to do business with Verizon; (f) Store Front that Modern Technologies, had open with Intent to resell Internet access it pursued from Verizon (but for unjustifiable reasons Verizon, had refused to provide to Modern Technologies (g) Attorney fees, Incorporation fees, certifications fees, et.al. fees, Modern Technologies had spent in past to take the DPS, certification route (again certification was not necessary) to obtain Internet access from Verizon, at wholesale prices, but then to Verizon, had refused to grant Modern Technologies, with access to Verizon Wholesale services.
Tortious Interference https://smalibusiness.findlaw.com/liability-and-insurance/tortious- interference.html Tortious interference Markets encourage competition, but sometimes things can go too far and competitive behavior can crossthe line into the realm of the improper and tortious conduct. That's when the courts can stepin -- specifically, in lawsuits for tortious interference with a contract or business expectancy. Tortious interference, a commonlaw economic tort, occurs when one party interferes with the contracts or relationships of another party with the intent of causing economic harm. For example, someone could improperly interfere with the sale of a business that has reachedthefinal stages but not yet been formalized in a written agreement. Anindividual could also induce someoneto cease an informal business relationship.
CommonFormsof Tortious interference The most commonform ofinterference, however, occurs when an individual forces or induces someone to break a contract they have with a third party. This can happen in many ways: someonecould offer below market prices to induce a breach, they could blackmail or threaten someoneinto violating a contract, or they could makeit impossible for the other person to perform and receive the benefits of that contract - by refusing to transport goods,for instance. Whatis ILEC? Webopedia Definitionwww.webopedia.com >» TERM > ILEC Incumbentlocal exchange carrier (ILEC) is a telephone company that was providing local service when the Telecommunications Act of 1996 was enacted. Compare with CLEC, a company that competeswith the already established local telephonebusiness en.wikipedia.org > wiki > Internet_service_provider An Internet service provider(ISP) is an organization that provides services for accessing, using, or participating in the Internet. Internet service providers can be
organized in various forms, such as commercial, community-owned, non-profit, or
otherwise privately owned.
RELATED DEPARTMENT OF PUBLIC SERVICES (DPS)
ADMINISTRATIVE CASE
(City Civil Court Act - CCA § 1805-A (E) & (D))
1) Theplaintiff, again incorporates herein to the instant case, for this courts’
consideration to support and supplementplaintiff's causes of action in the
instant case, all paper submissions that Modern Technologies’, made in the
following related administrative DPS proceeding:
Matter Number: 19-02762 Case Number: 20-C-0032
Industry Affected: Communication Company/Organization:
Jomo Williams dba Modern Technologies
Matter Type: Petition Matter Subtype: Certificate of Public
Convenience and Necessity - Original
Title of Matter/Case:
Petition of Jomo Williams dba Modern Technologies for an Original Certificate of
Public Convenience and Necessity.
Expand Related Matter/Case No:
Assigned Judge:3/16/2020 NYSDPS-DMM:Matter Master
En eleate Rerrec i ee mat) ele
digManes hd bara ars eit ieLected Steam BR ee seed isi Bou Ear A-Z Index ae
Titde of Matter/Case: Petition of Jomo Williams dba Modern
Technologies for an Original Certificate of Public Retened PanteneCone ie:
Convenience and Necessity. Assigned Judge:
Expand
Party List (1) Calendar (0)
Search:
ETA, (ot 2 peal eee Document Type $ elem ey Filing On Behalf Of Item No. $ File Name $ fale ire d
DSLEXTREME filing Subpeona |
1 02/13/2020 Correspondence VOICE);AND Modern Technologies pee stam cram scam “) 2.2 mB
ADDENDUM exhibits. pdf
ANFAIR
COMPETITION
VERIZONES
SSLAMMINGLECRAMMI
NGCESCAMMING
20-C-0032 aawok
CPCN Modern 7
2 02/11/2020 Letters Technologies
StoptheClock
New York State Department of Public
Service
10 Technologies
StoptheClock
7 62.68 Ka
Signed letter. Signed. pdt
Verizon non =
3 02/11/2020 Correspondence ee Moder Technologies g waiver sm ) 24.48 KB
clms.pdf
. Verizon Small .
4 02/11/2020 Correspondence —_—_— Modern Technologies 2 Claims Ty 452.57 kB
* Reply.pdf
DPS FILING
INCORPORATING eae
5 02/11/2020 Correspondence CONCURRENT/COUAT
aes tegen Technologies 2 COE
COUATER LoTS)me conse
424.16
5 kB
oes CORRECTIONS.
pdf
ie DPS fILING -
6 02/10/2020 Correspondence Preamble Jomo Williams dba Modern Technologies § Preamble.pdf ™) 423.51 KB
DPS FILING
7 02/05/2020 Motions
.
for Jomo Williams dba Modern Technologies
"
7 COMeLoGR
LITR-PET- -
™ 23.13 MB
(2).pdf
Verizon signed
stoned New Sub
8 02/03/2020 Exhibits Core Jomo Williams dba Moder Technologies 6 contract Sj 1.73.83/16/2020 NYSDPS-DMM:Matter Master
(Fitters: [a] [a Search Filing On Behalf Of Search Iter
Wholesale Wholesale
Verizon
9 02/03/2020 Petitions Broadband Jomo Williams dba Modern Technologies Lecarscs | 142.23 ke
@ Internet (1).pdf
10 02/03/2020 Petitions Price Jomo Williams dba Modern Technologies Pedmr Fuoe | 115.45 xe
Partner
a 02/03/2020 Petitions Solutions Jomo Williams dba Modem Technologies 137.39 KB
WavelenothService
Partner
golutions
12 02/03/2020 Petitions Compentive Jomo Williams dba Modern Technologies 221.36 KB
Exchange
(CLEC)(2)
BARRIERS
3 02/03/2020 Petitions ENTRY Jomo Williams dba Modern Technologies 1.16 MB
CORRECTION
CEASE
14 02/03/2020 Exhibits REQUEST Jomo Williams dba Modern Technologies 1.03 MB
exhibits
15 02/03/2020 Petitions Be. Jomo Williams dba Modern Technologies 98.43 KB
COVER
16 02/03/2020 Petitions ADDENDUM Jomo Willams de Modern Technologies 526.59 KB
TECHNOLOGIES
Computer
7 02/03/2020 Petitions Cybertelecom Jomo Williams dba Modern Technologies 269.63 KB
Computer
signed
18 02/03/2020 Petitions contract Jomo Williams dba Modern Technologies 1.73 MB
-
Verizon
19 02/03/2020 Petitions Wholesale
= Jomo Williams dba Modern Technologies helio | 142.23 xe
Internet.pdf
20 02/03/2020 ,
Petitions Price Jomo Williams dba Moder Technologies Verizon Price
nae =T) 115.45 ke
Verizon Partner
Partner ‘Solutions _
2 02/03/2020 Petitions Comocttve
Exchange Jomo williams dba Modem Technologies Competitive
Local Exchange | 221.36
. Ke
Carriers Carriers
(CLEC).pdf
VERIZON
BARRIERS BARRIERS TO =
22 02/03/2020 Petitions ENTRY Jomo Williams dba Modem Technologies ENTRY T) 116 m8
CORRECTION CORRECTION.p
of
VER CEASE AND
23 02/03/2020 Petitions, CEASE
SSS1 ) it
22me williams dba Modern Technologies Secr TD 98.43 Ke
(1).pdf
VER CEASE AND
24 02/03/2020 Petitions BSS. Jomo Williams dba Modem Technologies DESIST TS 98.43 kB
REQUEST.pdf
PSC COVER
COVER
25 02/03/2020 Petitions ADDENDUM Jomo Williams dba Modem Technologies ‘oa | 526.58 ke
TECHNOLOGIES TECHNOLOGIES
4.pdf
PSC COVER
penn LETTER
26 01/27/2020 Petitions COMPLAINT Jomo Williams dba Modern Technologies
i on
soe =“) 397.65 Ke3/16/2020 NYSDPS-DMM:Matter Master
Fitters: [an] [a Filing On Behalf Of Search Iter
27 01/27/2020 PETITION =
COMPLAINT Jomo Williams dba Modem Technologies ahcote | 287.72 ke
SUPPLEMENT =
PSC COVER
LETTER
28 01/27/2020 SUPPLEMENT Jomo Williams dba Modern Technologies Sent :0.289Ks
TECHNOLOGIES
ES
3.pdf
29 12/09/2019 Supplement Jomo Williams dba Modern Technologies coe
Petition belle
technologies b (241.9 KB
PSC COVER
LETTER
30 12/09/2019 Letter Jomo Williams dba Modem Technologies ae | 82.48
TECHNOLOGIES
of
Technologies
31 12/06/2019 Certificate Jomo Williams dba Modem Technologies PSC CPCN
ieeeSeat , KB
509.79
Necessity,
PSC COVER
32 12/06/2019 LETTER .
Letter Jomo Williams dba Modern Technologies MODERN T) 240.78 ke
-pdf
Show [All_¥ Jentries Showing 1 to 32 of 32 entries Previous 4 | Next
—- :
Comments To Party
About | Map | Policy | Contact | Accessibility | Registration
documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?Mattercaseno=20-C-0032http://ww2.nycourts.gov/cou rts/1jd/supctmanh/RJls-Assignments.shtml D. RELATED CASES In an effort to conserve judicial resources and avoid inconsistent rulings, the filing counsel must checkoff on the RJI whether a related caseexists. If the new case is designatedasrelated,it will automatically be assigned to the Justice who was assigned theearlier case provided that that case has not already been disposed of. If the earlier case has been disposedof, the Clerk will assign the case at random. Although the conclusionof the previouscase will ordinarily preclude the assignmentofthe later case on the basis of relatedness,thefiling attorneyis free to argue to the Justice to whom thecaseis assigned that the matter oughtto be assigned to the Justice who had handled the earlier case due to exceptional considerationsofjudicial efficiency and thelike. If a party believes that such a related-case designation and resulting assignment were madein error, or that the filing party incorrectly failed to designate thecaseasrelated, the issue should be raised before the assigned Justice, who may send the matter to the backoffice for a random reassignmentor a transferif the complaintis justified. If further review is required, it occurs before the Administrative Judge. The policy of the court is that one Justice may not order the transfer of a case directly to another particular Justice except(i) pursuant to procedures governingrelated casesor (ii) in the case of motions to reargue or renew (CPLR 2221) or(iii) with the permission of the Administrative Judge.
Public Service Commission
samen Departmentof olin Biases
~ Public Service Chief Executive Officer
Diane X. Burman
JamesS. Alesi
Tracey A. Edwards
John B. Howard
Commissioners
Thomas Congdon
Three Empire State Plaza, Albany, NY 12223-1350 Deputy
e p ( Chair
Ceautand
www.dps.ny.gov xecutive Deputy
Robert Rosenthal
General Counsel
Michelle L. Phillips
Secretary
February 11, 2020
Jomo Williams
Modern Technologies
3592 Broadway, Unit 22
New York, NY 10031
Re: Case 20-C-0032 — Petition of Jomo Williams dba Modern Technologiesfor
an Original Certificate of Public Convenience and Necessity.
Dear Mr. Williams:
Wehavereceived yourpetition seeking authority for an original Certificate of Public
Convenience and Necessity for Jomo Williams dba Modern Technologies, pursuantto Public
Service Law Section 99(1), filed on December 6, 2019 and amended on December 9, 2019.
Accordingto Section 99(1) of the Public Service Law, an application is deemed approved
within 90 days unless the Commissionorits designee notifies the petitioner in writing that the
public interest requires the Commission’s review andits written order. I have been designated
by the Commissionto review suchpetitions. A preliminary review indicatesthat the public
interest requires a more detailed review of the petition. Therefore, pursuant to Public Service
Law Section 99(1), I am informing you that the Commission will review yourpetition and will
issue a written responsein this proceeding.CIVIL COURT OF NYC
SMALL CLAIMS COURT
JOMO WILLIAMS, SBA Meoetss “VELuNeLsente 5 AFFIRMATION
PLAINTIFF REPLY
Tndon 66089 bec D016
AGAINST ween 65089 BSC 20)q
VERIZON
DEFENDANT
1, JOMO WILLIAMS STATE THE FOLLOWING:
1) Defendant's countiess in/acts that gave cause for action have been
ongoing from 1997(yr) to present date.
2) The plaintiffs claim amountis no less than $10,000,in this court.
3) The plaintiff does not waive right to seek other relief in other forums or
venues (see attached)
4) | incorporate here into paragraph all that | have submitted into and with
Hon. Michelle L. Phillips, Secretary to the Commission, New York State
Public Service Commission, Agency Building 3, Albany, NY 12223-1350,
Phone: (518) 474-2500, Fax: (518) 474-9842, E-mail:
secretary@dps.ny.gov, SENT TO: Secretary@adps.ny.gov;
complaint.filing@dps.ny.gov; keefe.b.clemons@verizon.com;et.al., RE:
Matter Number 19-02762: Case Number: 20-C-0032. (see website:
http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.a
spx?Mattercaseno=20-C-0032 )5) Attached here are some ofplaintiff's submissions into New York State Public Service Commission Matter Number 19-02762: Case Number: 20- C-0032 (All paper submissions are already in Governmental free Public accessfiles, see website link above in para 4; copy cost & time is presently beyond myfacilities’ means and will cause myreply to be untimely due to opposition’s untimely answer service per se; thus | request that this court obtains all papers in DPS,files from the above website link in para 4,i.d. ). 6) JURISDICTION: This Court has statutory jurisdiction to hear commercial claims: (A) Limit Amount: Up to $10,000; (B) Causes: “any cause of action for money” (CCA § 18011 inter alia; Negligence (Fail to comply with laws) ; Loss of Property due to Defendant's Negligence (loss store front; insurance policies investments; websites; business agents contracts; inventory; vehicle fleet; office rent; Advertisementcosts; printer cost; staff cost; et.al.) ; Loss of Use of Property(loss store front; insurance policies investments; websites; business agents contracts; inventory; vehicle fleet; office rent; Advertisementcosts; printer cost; staff cost; et.al.) ; Breach of
Agreement & Contract (Direct & Third Party wholesale & subcontract
agreements/contracts; Tortious interference); Property improperly
withheld by defendant(install/repair customerslines; slamming;
Developmentcircuit; Tortious interference).
(C) REMDIES: Render Money Judgements; and Judicial Advisory to
appropriate Authorities (DPS; FCC; FTC; A.G.; (CCA § 1805); interest and
costs (CCA § 1801-A);all loss, damage or injury caused thereby or
resulting therefrom and in case of recovery if the court shall find that
such act ar omission waswillful it mayin its discretion fix a reasonable
counsel or attorney's fee (PBS § 93)
(D) Telecommunication Matters: An action to recover for such loss,
damageor injury may be broughtin any court of competentjurisdiction
by any such person or corporation. (PBS § 93)
7) As far as venue & forums, higher courts have displayed to me too much
pro se biases and prejudices againstproselitigants (I refer to it as “law
industry’s — Esq. protectionism”); [t]jo require a layman... to require him
to procure counsel at additional expense,is contrary to the intent of the
Legislature in establishing the Small Claims Act." (Davis v. City of NewYork, Civil Court of the City of New York, New York County Sep 14,
1990148 Misc. 2d 422 (N.Y. Misc. 1990))
8) Venue: “Which Small Claims Court do | use? If the defendantlives,
works, or has a place of business in New York City, you can use the Small
Claims Court in: « The New York City County where youlive,” (see pg. 9,
of Accessto Justice NYS Courts - Your Guide to Small Claims &
Commercial Small Claims in: New YorkCity...)
9) Standing: Jomo Williams is the owner of Modern Technologies.
10) Dismiss Defenses: Mostof opposition’s “Affirmative defense” are
insufficient and lack vital details for me to intelligently draw a response
to ({too vague & ambiguous; conclusory defenses(e.g.: how culpable
and should have been mitigated; who are believed to be other interest
parties; etc.)); thus | deny & dispute all other “defense allegations”
within opposition’s answer. &% 5 Nets
Wherefor | humbly request that this court grant and issue Judgement &
Advisory in favor of the plaintiff as it deemsis just andfit.
DATE 02/11/20 RESPECTFULLY SUBMITTED
Lomo Wileama
JOMO WILLIAMS
DBA ModernTechnologies (Active)
Choice Communicationsinc. (Inactive/Cease)
3333 Broadway D10G
ENO AAT Lastly defendant's Ons & mot Ta NY, NY, 10032
0 Ph senv 9s. ore peah ushin hy & G04 of
Coy oc 2 AC % — @ acd
wody Ne. )
2 SLR SAN CED 3a CAS Sak BANK
SEALS A NS HALL9, 13600 34.954 , 04 NyS2qPRESERVE RIGHT TO BRING FURTHER ACTION/PROCEEDINGS
State of New York)) SS: County of New York)
| Jomo Williams, do not waive rightto bring action/proceedings, in other courts, Fo tOMs/ AbMIRY he »
New York Consolidated Laws,City Civil Court Act - CCA §1808. Judgment obtained to be resjudicata in
certain cases
A judgmentobtained underthis article shall not be deemed an adjudicationof anyfact at issue or found
therein in any other action or court; except that a subsequent judgment obtained in anotheraction or
court involving the samefacts, issues and parties shall be reduced by the amountof a judgment
awarded underthis article.
New York Consolidated Laws,City Civil Court Act - CCA § 1804.informal and simplified procedure on
small claims
Substantial justice ~_
«#
Sincerely
3333 Broadway D10G
NY, NY 10031
Sworn beforemme
e onthis
LP yo
Mouar{, Ope
OC Vie
NOTARY
BRANDI DAVIS
COMMISSIONER OF DE
EDS, CITY OF NEW YO
RK
pete ‘Cnn
oaCIVIL COURT OF NYC
SMALL CLAIMS COURT
JOMO WILLIAMS, AFFIRMATION IN
PLAINTIFF SUPPORT OF
STATEMENTOF CLAIM
AGAINST
VERIZON
DEFENDANT
|, JOMO WILLIAMS STATE THE FOLLOWING:
CLAIMS
1) Ongoing and between 1996 (yr) to present date, the defendantofthis
action had:
a) in bad faith refusal to provide Wholesale servicesto plaintiff
b) Discriminated due to race to provide services or enter into agreement
with plaintiff
c) Placed unfair barriers to entry to prevent the plaintiff from entering the
Telcom market
d) Committed unfair methods of anti-competition
e) Sabotagedplaintiff's business efforts for decades
f) DISCOVERY & DISCLOSURE
2) Negligence (Non, Mis, & Mal-feasance (see: NYS DPS Case Number: 20-C-
0032.)
3) Breach of Contract(Install/Repairs/Slamming/Wholesale Products/
Imposed unnecessary requirements)
4) Fail to Provide Service and Goods(Install/Repairs/Wholesale products/
Imposed unnecessary requirements)FACTS
5) Between 1996 — 97 (yrs) plaintiff made his first application to now Verizon,
for interconnection/Resale agreement; Verizon, came tothe plaintiff’s then
store front located at 317 w 141 st,. NY, NY 10030; but thereafter refuse to
communicate with the plaintiff.
6) Between 2002-2003 (yrs) the plaintiff, retained counsel to formed Choice
CommunicationsINC, and filed with NYS Public Service Commission; but
still thereafter Verizon, had refuse to enter into any agreementor properly
communicate with the Plaintiff.
7) In 2016 (yr) The plaintiff again made application to Verizon, for Resale
Agreement; but thereafter Verizon had placed unfair barriers for entry.
8) In 2016 (yr) the plaintiff was then compel to seek resale agreement from 3
party wholesalers (IKANO DSL WHOLESALES), whoVerizon (et.al.) are in
agreementwith.
9) In 2016 (yr) the plaintiff had invested enormous time and monies(securing
various retail stores as sales agents; advertisements; website; etc) to
implement doing business selling service he had secured from IKANO; but
thereafter
A) Verizon, went on strike and discriminated then to only repair & install its
own workorders while putting resellers orders way on the back burner
(never installing/repairing them)
B) Refuse to sub contractthe plaintiff, so that he could install/repair his
ownorders during the strike and thereafter.
C) Came in agreement with now Spectrum & various landlords, not to
install resellers DSL services in various dwellings.10) Verizon had denied to install/repair, mostly all orders that the
plaintiff put in via 3party wholesaler.
11) In 2018 (yr) Plaintiff communicated with Verizon, for resale
agreement, but defendant was unresponsive.
12) In 2019 (yr) Plaintiff communicated with Verizon, for resale
agreement, but defendant was again unresponsive.
13) On 11/14/19, Verizon, without notice or remedy, disconnected the
plaintiff's business development environmentDSL line.
14) 1996 (yr} to 2020 (yr) and counting = approx. 24 yrs.
DATE 11/27/19 5, RESPECTFULLY SUBMITTED
JOMO WILLIAMS
REV. 2/11/2020MODERN TECHNOLOGIES
3333 BROADWAY D10G NY, NY 10031
Direct Cell# 646 377 8066, EMAIL: NYSWEBCASH@GMAIL.COM
Hon. Michelle L. Phillips
Secretary to the Commission
New York State Public Service Commission
Agency Building 3
Albany, NY 12223-1350
Phone: (518) 474-2500
Fax: (518) 474-9842
E-mail: secretary@dps.ny.gov
SENTSecretary@dps.ny.gov; complaint.filing@dps.ny.gov; keefe.b.clemons@verizon.com; et.al.:
RE: Matter Number 19-02762: Case Number: 20-C-0032
FILING: INCORPORATING CONCURRENT/COLLATERALCLAIMS & CORRECTIONS
|, Jomo Williams, state the following:
1) Attached hereto is Reply submission, made in concurrent & collateral Court
action index # 60027 HSC 2019, NYC Civil Court, NY CNTY.
2) Any & All claims, etc., | make, incorporate, and assert in DPS case number
20 C 0032, | make, incorporate & assert into NYC Index 60027 HSC 2019,
and vice versa.
Wherefore | humbly request that DPS, grants any & all relief sought in Case
Number: 20-C-0032, by me; and other it deemsjust andfit.
RESPECTFULLY
2/11/2020 foma Williams
Jomo Williams
DBA Modern Technologies
cc: Keefe B. Clemons
Verizon General Counsel — Northeast Region
140 West Street
7th Floor
New York, NY 10007
Tel (212) 519-4716
Fax (212) 962-1687
keefe.b.clemons@verizon.comMODERN TECHNOLOGIES
3333 BROADWAYD10G NY, NY 10031
Direct Cell# 646 377 8066, EMAIL: NYSWEBCASH@GMAIL.COM
Hon. Michelle L. Phillips
Secretary to the Commission
New York State Public Service Commission
Agency Building 3
Albany, NY 12223-1350
Phone: (518) 474-2500
Fax: (518) 474-9842
E-mail: secretary@dps.ny.gov
SENT TO: Secretary@dps.ny.gov; complaint.filing@dps.ny.gov; keefe.b.clemons@verizon.com; et.al.:
RE: Matter Number 19-02762: Case Number: 20-C-0032
FILING: (A) REQUEST FOR SUBPEONA & NON SPOILAGE ORDER
ISSUE TO VERIZON & IKANO (AKA DSLEXTREME & BROADVOICE);
AND (B) ADDENDUM TO UNFAIR ANTI-COMPETITION CLAIM
OF VERIZON’S “SLAMMING””CRAMMING””SCAMMING”
!, Jomo Williams, state the following:
Please ADD in the petition & complaint for case Number: 20-C-0032, that:
1) Slamming, cramming, & scamming, by service providers is not only a
customer problem, but too a problem forotherservice providers; asit
undermine their time & resources they utilize (marketing; staff; etc.) to
secure customers, only for another providerto “slither” in and “hi jack”
those same secured customersvia provider scams; creates distrust in the
market; and they also spreads contagious unethical conductto follow,
especially when the examples are from the higher up ILECs.
2) Service Provider's (e.g.: Verizon} slamming, cramming, and scamming too
unfairly damagestheir victimize (e.g.: Mod Tech) provider’s businessreputation & credibility as it was donein the instant case; where Verizon,
implies in its Slammingletters & calls to Modern Technologies’, customers,
that | (Mod Tech) was ”Cramming “customers, and thus customers should
not deal with Modern Technologies.
3) In the instant case Verizon was Modern Technologies’ (a) competition
(Verizon ISP); (b) Wholesaler(Verizon, sold DSL to IKANO, whoresold
Wholesale to Modern Technologies, to resell to the public) and (c)
Install/Repair technician (Verizon,installed & repaired all DSL lines that
Modern Technologies, had ordered from iKANO).
4) The Slamming & Cramming Scamsthat Verizon did in the instant matter
was (a) unethical, (b) too easy for Verizon to do, and (c) too hard for
Verizon, to resist not to do, all due to Verizon operating & acting in various
(conflict of interest) capacities as Regulated ILEC wholesaler & Unregulated
ISP; Technician; Wholesale Customer service; etc..
5) Modern Technologies’, own DSL line, was the first IKANO ordered DSL line
by & from Modern Technologies’, reseller account with IKANO, that
Verizon, had installed for Mod Tech,and thusthe first to receive slamming
letter from Verizon; after that letter Mod Tech, had immediately addressed
the matter with Verizon; thereafter Verizon “lay off” of only that particular
DSL line, and then convince Mod Tech,that Verizon will cease & desist with
the undermining; but later on Modern Technologies, learnt that Verizon’s
promise to cease was malafide , as Verizon continue to renege on that
cease promise with subsequent scamming of Mod Tech’s, customers)
6) VERIZON'S “SOCIAL ENGINEERING”TACTICS: Immediately, after Verizon,
installed subsequent DSL line that Modern Technologies, had order fromIKANO,Verizon, would (a) within days before or after install send Modern
Technologies’, customer a welcome slammingletter, MISREPRESENTING to
same customer that they are now a Verizon, customer; and implying that
Modern Technologies, had crammed same customer(b) then Verizon,
would follow up its underhanded slammingletter with deceitful welcome
calls to same customers; then (c) send a VerizonBill to same customer.
7) | had to instruct my (Modern Technologies) customersall the time to ignore
Verizon’s slammingletters, calls, & billing; and Verizon’s accusationsthat|
was cramming customers.
8) All the above said, along with (inter alia) Verizon’s refusals to properly (or
notatall) install/repair DSLlines that Modern Technologies had ordered
from IKANO,had deterred & discourage me from ordering DSL lines from
IKANO,as | would had liked as (a) | felt like a non-consensual
uncompensatedsales agent being victimized & “pimped” by Verizon’s,
scam “hustles” (b) Wondering & Ponderingpolitical terms like “comprador”
“fifth columnist” “ Greek Trojan horse” while asking self how affiliated &
connected are Verizon & IKANO,in all this Slamming, Cramming,
Scamming,No installing, etc., or was Verizon, just tortious interfering with a
bonafide contract between Modern Technologies and IKANO? (I recently
deducted from http://lokt.net/projects that it was the latter of the two)
9) Approx. 95%, of Modern Technologies’, customers Verizon, had sent slam
letters, etc., to; the others of Mod Tech’s, customers had just turned away
all together from Modern Technologies, because Verizon,via confirmation
phonecalls to arrange the DSL line installation appointments for Mod
Tech’s customers, had scammed them to believe that Modern Technologieswas cramming them,and thereafter offered same customers Direct Verizon
services.
10) Please find attached (a) previous slam letter submission, with copy of
same customer account from Modern Technologies (aka Freebee.tv) back
office online accountit has with IKANO, wholesale (b) Online material
elaborating on Slamming & Cramming laws & techniques.
Wherefore | humbly request that DPS, issue order instructing
Verizon; IKANO; and their affiliates, to produce and not to spoil any
evidence relevantto this filing; including but not limit to (a) copies ofall
communications and recordings that Verizon, sent to Modern
Technologies’, customers (b) IKANO, not delete, close, or terminate nothing
from its data storage it has on andin relation to Modern Technologies’,
online reseller,account with IKANO DSL wholesaling;(c) any & all other
evidencein relation to this Case Number: 20-C-0032;| further humbly
request that DPS, grants any & all relief sought in Case Number: 20-C-0032,
by me; andall other reliefs it deemsjust andfit.
RESPECTFULLY
2/12/2020 Loma Williams
Jomo Williams
DBA Modern Technologies (Active)
cc: Keefe B. Clemons
Verizon General Counsel — Northeast Region
140 WestStreet
7th Floor
New York, NY 10007
Tel (212) 519-4716
Fax (212) 962-1687
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wm (LETTER STAMP
Trenton, NJ 08650-4842
Yerzon
NO CORRESPONDENCE ACCEPTED AT THIS ADDRESS
IBYMOID TECIB
June 30, 2016 Enjoy your new service.
Here's what you'll need to know.
>00127 6528172 001 008018 01
Dougoutigui Kone
113 W128 St Apt 3B
Manhattan NY 10027 Ref#: 2128662316
Dear Dougoutigui Kone:
Weat Verizon would like fo.take this opportunity to WELCOME youas a new customer; we appreciate your
business. Weoffer a variety of services to meet the needs ofdifferentlifestyles and telephone use. In an effort to
ensure that your telephone service meets your expectations we would like to take a few minutes of your time to
review the services you have selected which becameavailable on 06/29/2016.
YOUR VERIZON SERVICES AND CHARGES
Telephone Number: -
All monthly service charges are billed one month in advance. Thefirst bill you receive will be higher than a
normal one-month bill. Because yourservice is billed one month in advance, yourfirst bill will include both
charges for the upcoming month of service and the pro-rated chargefor the first partial month of service that
was providedbefore the billing date. If applicable, charges for connecting or changing your services usually
appearonthefirst bill.
RIGHTS AND RESPONSIBILITIES
Enclosed is a "Rights & Responsibilities for Residence Telephone Customers” brochure that was designed to assist
new customers like yourself. The brochure contains valuable information on your Rights & Responsibilities as a
new Verizon customer,
CONTACT US
For your convenience, you can find more information on Verizon services, product guides, bills, area code
changes,regional calling areas and dialing instructions, as well as the phone numberfor yourlocal businessoffice,
on our website at verizon.com.
PROTECTING CUSTOMER PRIVACY
Youcan find information about Verizon's privacy policy, and your options for protecting your privacy, on our
website at http://vvww.verizon.corn/about/customer.html and in the Customer Guide section of Verizon's White
Pages phone book.
N2UF6122TE 6528172000127lof 3
V-EAST-LTRHD 02/1 6CUSTOMER SATISFACTION GUARANTEE
Weare sure that you will enjoy your new services. However, should you find that any of the optional services you
have purchased do not meet your needs, you maycall your local Business Office to disconnect the service. If you
call within sixty (60) days of the connection date, you will receive a credit on your phone bill for the service
connection charge of the optional service, if billed, and any monthly charges associated with the service or feature
you disconnected. This Customer Satisfaction Guarantee does not include the following: Verizon local exchange
service, long distance, regionaltoll calling plans, Local Package, activation or usage charges associated with the
service, services offered under a contract, nor telephone equipment.
Sn
Thank youfor allowing us to serve you
SLAMIMING LETTER
wovenSTAMP BY MOID TECHVerizon
SILAMIMIING ILIETTIEIR
STAMP BY MOID TIECIE
Enjoy your new service.
Here's what you'll need to know.
Important Notice for NY Customers
TIPS TO PROTECT YOU FROM CRAMMING
Aspart ofits non-discrimination obligationsin the state of New York, Verizon providesbilling services to various
non-affiliated service providers. From time to time, we receive complaints that some of these companies have
included charges on the Verizonbill for miscellaneousservices (e.g., voicemail and internet service) which our
customers did not request or authorize. This practice is often referred to as "cramming."
What Verizonis doing to protect you...
Aspart ofits ongoing initiative to stop "cramming", Verizon offers the followingtips:
First, we recommendthat you check your phonebill carefully. If you feel that you've been “crammed,” you can
immediately report any unauthorized chargesdirectly to Verizon.
Once you notify us of the specific services or charges on your bill that were unauthorized, Verizon will
automatically credit your account and take the matter up with the service provider. In addition, you will be
offered the option of placing a block on all charges from third party miscellaneous service providers, so that in the
future, you will only see charges on your Verizon bill from Verizon and your pre-selected providers of regional
toll and long distanceservices.
Additional blocks for long distance calling, 900/976dialing, collect calls and 3rd party calls are also available.
Blocks do not apply to charges from Verizon business partners such as DirecTV or Verizon Wireless. If you wish
to order any of these blocking options, please go to Verizon.com orcall 1.800.VERIZON(1.800.837.4966).
VN-NYCRAN-E 06/08
6528172000127 301'3
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12/5/2019 12/5/2019 ing 6463778066 1) How we're being charged for a 1) circuitthat emailed
Verizon cut off permanently w/o notice?2) I
11/14/2019 11/27/2019 Orders 2122348153 Customer has no SYNC ontheir modem - PER VZ, DISCONNECTED 11/14
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7312509 9/9/2019 9/12/2019 Closed Orders Question/Problem regarding STANDALONE:
Inquirying aboutstatic IPs
7404835 2/14/2019 2/18/2019 Closed Billing Question/Problem regarding joe Willlams: It Reviewed account and found no
appears that were being being charged twice issues of double charging for
7325036 10/3/2018 10/10/2018 Closed Wholesale To:
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11/3/2017 12/22/2017 Closed Question/Problem regarding Modern
Technologies: Question/Problem regarding
4
7093665 10/30/2017 11/9/2017 Closed Question/Problem regarding STANDALONE: My CLOSING TICKET, NO WS.
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Orders 10/31/2017 11/6/2017 Closed Orders Question/Problem regarding Dexter Carter: CLOSING TICKET, ISSUE IS
Customers: Today Verizon's techs came. Install was not BEING WORKED ON DIRECTLY
10/11/2017 10/19/2017 Closed Billing Re: Your Billing Statement is Ready email
10/11/2017 10/17/2017 Closed Billing Question/Problem regarding Modern
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7080775 10/11/2017 10/12/2017 Closed Wholesale Re: You have an overdue balance To:
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1) We are being charged for this customer we
5/6/2017 5/17/2017 Closed Orders Question/Problem regarding dougoutigui kone: Good Afternoon, Customer:
1) We are being charged for this customer we Dougoutiqui KoneNew Order
5/8/2017 5/9/2017 Closed Wholesale Re: You have an overdue balance A 2nd cancel order was never
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regarding dougoutigui kone: Cancel service
11/13/2016 11/14/2016 Closed Support 2122348153 Customerhas SYNC but cannot SURF ~ Problem seems to be resolved.
Dispatches and Charges NOT AUTHORIZED Please disregard and close
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6606206 8/13/2016 8/15/2016 Closed Orders 2124912698 Request for update status This was rescheduled to 8/17.
Order 232628 has the following
6584652 7/26/2016 7/27/2016 Closed Orders 2122345962 may we please have update on this order On 7/26, your order was
(install date & status). Thx updated with the following:
§572827 7/15/2016 7/23/2016 Closed Support 2122348153 Nosync, no activation date, no Internet CLOSING TICKET PER WS REQ
6565494 7/9/2016 7/21/2016 Closed 2128662316 Partner @ 7/9/2016 11:44:40 AM Partner @ emailed
7/9/2016 11:41:26 AM Thecircuit is stil not up
6556421 6/30/2016 7/16/2016 Closed Support 2128662316 Techs came 6/29; but red light is still on PORT CHANGE
modem - no service.226922 2128662316
6558560 7/1/2016 7/6/2016 Closed Orders Question/Problem regarding Joe Williams: The Order submitted to Verizon.
problem for this pending order we are told Is
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rder:
sinh2016 5/9/2016 Closed 2128662316 Just got off phone with Verizon. They now said Unfortunately Verizon workers
Its a July date for install; and now mentioning are still on strike, The Verizon
Customers
4/27/2016 4/28/2016 Closed 2128662316 According to following I need the Verizon Updated order w/: N5MC67429
Billing order# "Hi, this is Jennifer calling from Verizon
Support 4/25/2016 4/25/2016 Closed Orders Can I please have an update status on ORDER Order 226922 updated with: I
#226922 TEL # 2128662316. Thank You. apologize you were not
+ TicketManager
4/21/2016 4/25/2016 Closed Orders Tel # 2128662316 ; We gave as a free trial This is correct. Our pre
service then whenever it get up and running qualification toolis to be used
+ SupportDocuments 4/21/2016 4/21/2016 Closed Orders Higher DSL speed. When I'd open this account Partner placed order 228145, If
I told customerfirst try low speed andif Verizon rejects this order, we
4/6/2016 4/11/2016 Closed Orders SN 4/07Question/Problem regarding Kone D: Unfortunately at this time,
Customer complained he waited all day Verizon has advised thatis the
3/29/2016 3/29/2016 Closed Orders The tel # 9996882019, assigned to this order This order # will not have a dry
does not seem correct. Please inform meifis. dst phone number assigned
3/18/2016 3/26/2016 Closed Support 226175 2128651087 3/14/2016 3/12/2016Lisa MOVED TO DIFFERENT
Williams VERTAS NEW PENDING See added ROUTER
3/12/2016 3/14/2016 Closed Orders Question/Problem regarding kenyatta williams: Order 225868 has been
Order #: 225868 Order Type: NEW Status: cancelled.AAS ire
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ame » Foc > ECE Taker “Semeg ot Cran” STAY CONNECTED
$2 Savote dy Emm
FCC Tackles “Slamming and Cramming” Ema hore38 66
Av
“Slamsping ans cramming’ might sounemore apatopriate in professional wrestling than
‘etecommaisications, but is the Federal Communications Commission and not the WWE that’s
aking moves in this area, CrJune 7,the Commission approved new rulesarmed ar stopping sotb
slamming and cramening by velecamnmunieatlons carers, whice wave sumtarized beluw, On AugUS.
16,these new cules will gu inte effect.
“Slamming? raters t¢ a change bemg made in a consurner’s telephone sernce prowder withoUC the
consumer's sermission, According 10 the raw standard,slamming can happen whenever there 1s a
“matenal mscepresentation,which coukd be the result of false nformationa sales calor the
{alsification af a consumer's verifcation. The FCC is concerned that telephone companies use falsified
confumatens to satisty the tord-parry verification systern, which 1s one of the approved mechanisms
by which a company can establish the consumer's samtch, Some companies have done this by
recording affirmative language rama Cansumner in one phone call and playing thal same sound bie
1 thw call establistung third-party verieation,all without the consumer's consentor knowledge. To.
further discourage that specific practice, companies that mususe the third-party verificatian systern are
ow subjectto 9 five-year suspension from 1s use. The new rule alsa codifies procedural hurdles
leveled against companiesaccused of slamming, Once a consumer claims a misrepresentation
‘ccurted, men the burden & on the telephone company to prove ts absence. And if a material
enustepresertation on call has been established, then aven evidence af cansmer authorization wi)
not change this determination, “Cramming’ is miore straightforward — it's wrhen phone companies add
charges 12 a bill for services chat were never authorized by the consumer
Stamverung. aed craennng were nat permiced practices before this action, bur through this orderthe
FCC is expressly proniiting chem. This rule Bars macertal nisrepresenanens that cause a cansurner
29 switch providers. Le, slamming, and adding unauthorized charges to 3 consumerstelephone bil,
2, cramming, By exphoty hanning these oractices, the FCC hopes to provide greater darity to these
{Sues and deter Nor-compliant industry acuon. The FCC alse continues to further thalsame goal
‘avaugh enforcement action, For sxample,it Andithe Commission propased a 45,223,322 penaiy on
a phone campaby for slameung and cramrnng, as well as providing false evidence. Cansidering the
upcoming implerrentatian of the fina rule 3s well as racent enforcement in this area, we recommend
‘mat you encure your current practices are campliant.
eo0Gg 0
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