It appears SkyWi CEO Allen Witters isn't planning on appearing before the New Mexico Public Regulation Commission (PRC) anytime soon. In a press release yesterday, Witters scolded the PRC, said it had no jurisdiction over his company, said Qwest was out to crush SkyWi, and accused Windstream of lying. He also made sure to copy the letter to every major elected politician in New Mexico.
"You know that SkyWi claims anti-competitive practices by Qwest are at the heart of this dispute, but you have no interest in knowing SkyWi's side of the story," Whitters writes. "We believe Qwest is doing everything it can to wipe SkyWi from the face of the earth. That is what happens when the little guy dares to actually try to and does compete with the big guy - scorched earth, take no prisoners. Unfortunately, the Commission's action and inaction only further Qwest's objectives."
Witters says SkyWi provided customer lists to both the Commission and Qwest back on Jan. 1, 2009, so any statements that the company hasn't done so are "false," and join another "false" statement issued by the commission on February 10 that SkyWi no longer had the financial resources to continue operations in New Mexico.
Needless to say, the press release goes on with numerous accusations of violation of PRC rules and due process, including an "attack" by ILECs for SkyWi not paying its bills. "Without proper notice, SkyWi was unable to bring appropriate representatives to the meeting to respond," said Witters. "As a result, Windstream was able to make unsworn and false statements to the Commission that Windstream had not received a payment from SkyWi since July 2008. This is false, Windstream has received payment every month in 2008 and in January 2009. The Commission never asked for sworn testimony or any other evidence on this issue; instead it chose to believe WindStream and others else who made similar statements against SkyWi. Due Process ? I don't think so. Violation of the Open Meetings Act? We can take that up with the Attorney General's Office."
The letter ends with an attack on the PRC and how the state is a "graveyard for competition" with independent ISPs being "virtually extinct."
As an aside, FierceVoIP asked Windstream earlier this month about SkyWi's failure to pay their bills. A Windstream spokesperson confirmed the company has not been paid by SkyWi since the middle of 2008 but would not discuss the amount past due; only that it was "substantial."
- SkyWi's letter.
New Mexico PRC urges SkyWi to "do the right thing" in disconnect
UPDATE: New Mexico PRC intervenes to assist SkyWi customers ...