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IP: Covad Blames Its Recent Troubles On Bells' Anticompetitive Tactics


From: David Farber <dave () farber net>
Date: Fri, 10 Aug 2001 04:46:12 -0400



Sender: rberger () imap ultradevices com
Date: Thu, 09 Aug 2001 17:35:36 -0700
From: "Robert J. Berger" <rberger () ultradevices com>
Organization: UltraDevices Inc.

Covad Blames Its Recent Troubles On Bells' Anticompetitive Tactics
By SHAWN YOUNG  Staff Reporter of THE WALL STREET JOURNAL

Excerpt: <SNIP>

Covad blames many of its difficulties on anticompetitive tactics by the
Bells that it says slowed its progress and squandered its capital. "Most
corporations don't have an attitude toward the law that you take six
years to comply with it," says Dhruv Khanna, Covad's fiery general
counsel and one of its founders. "It's death by a thousand cuts. It's do
the bare minimum to appear to be complying with the law."

Covad has filed antitrust suits against three of the four Bells. Last
year, SBC Communications Inc. settled, paying $150 million for an equity
stake and agreeing to buy $600 million in Covad services. The Bells deny
trying to kill the rivals and say they have made great progress in
opening their networks to them.

Among the first places Covad tried to offer service was Menlo Park,
Calif., a Silicon Valley town thick with the venture capitalists the
company hoped to impress. Through 1997 and 1998, officials of SBC, the
local phone provider, told Covad there was no space for its gear in an
important SBC equipment hub. In the fall of 1998, Mr. Khanna requested
that Covad and SBC submit a growing stack of disputes, including Menlo
Park, to arbitration. A joint visit to the location was arranged.

The Covad contingent and SBC's lawyers filed in to the building and the
SBC attorneys went silent. "Literally, you could put a basketball court
in there," recalls Tom Regan, the Covad official in charge of locating
its equipment.

At the arbitration hearing the following week, SBC began by announcing
that there was space in Menlo Park after all. Arbitrators deemed the
incident far from isolated and said SBC had acted in bad faith, delaying
Covad by more than a year.

Paul Mancini, SBC's assistant general counsel, declines to discuss the
specifics of Menlo Park beyond saying the company "may have made a
mistake." But he says the San Antonio company was doing all it could to
open its network in the face of a huge surge in demand for its
resources. "A lot of the issues were really start-up issues," says Mr.
Mancini. "It has nothing to do with us foot-dragging."
<snip>
--
Robert J. Berger - UltraDevices, Inc.
257 Castro Street, Suite 223 Mt. View CA. 94041
Voice: 650-237-0334 VoiceMail: 408-882-4755 Fax: 408-490-2868
Email: rberger () ultradevices com  http://www.ultradevices.com



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