June 17, 2011

 

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Comment

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Ken,

The frustrating thing about the phasing out of the POTS phone system is that, as far as alarm panels are concerned, there is still no suitable alternative. Valid points were made that trying to force traditional dialers to work with VOIP is not the way to go. VOIP is for voice, not data. But switching to IP communicators is only slightly better. In my neck of the woods my internet connection fails daily, usually multiple times, for various reasons. Any of those times would be a bad time to have an alarm if I had an IP communicator.

Cellular communicators have seemed to work well, but not all of our customers have cell service on sight.

The problem is that we do not control the means of communication. POTS was solid. IP is fragile.

Chris Allen

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more on BSIS in CA treatment of alarm company

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Ken

In response to Mr. Jiminez, he is grateful that the BSIS is attacking the companies that he is unable to compete with. What he refuses to address is the attack by a licensing agency upon a company who is NOT violating the law.

The full record is available. If BSIS can place me on ‘probation’ well, they can place anyone under probation, as the BSIS argues that any no-contest plea to any crime (disturbing the peace in my case, the court record states that I “woke up ½ of Encino yelling for the police”) is sufficient for them . For those of you that are knowledgeable of the law, you would immediately retort that they can only do so if the no-contest or conviction is “substantively related” to one’s “licensed duties”. True, but BSIS was undeterred by that inconvenient fact and Admin Law puts the burden of proof on you, not the Agency. You who are astute might also know that a plea of no-contest that was entered and accepted by the court under the condition that it would not affect one’s license would prevent an agency from pursuing a case. Also true. BSIS argued that such conditions are not binding upon it and had the courts uphold that as well.

Mr. Jiminez will operate under the delusion that since he is not violating the law, he need not be worried about the actions of BSIS. Whatever a company’s practices may be, the law is the authority, not Mr. Jiminez’s practices. If anyone believes Mr. Jiminez’s delusions, look at my case and you will see that Mr. Jiminez is in fact either deluded, or he is deceitful.

What you have in the BSIS is their prosecution of a company as the result of a political decision, as it was not one based upon legality. As the BSIS is a political instrument it will be wielded by those who control the political, who will use it to political ends. This will mean, as is already occurring, that BSIS is working with the State EDD to force companies to retain ALL salespeople and all techs as Salaried/hourly employees. So all you small dealers out there, your days are small, and BSIS will refer you and your list of “Alarm Agents” over to the EDD, and when you lack ‘Payroll records” then the EDD will bankrupt you. Remember, the BSIS is your friend! The alarm associations think that by sucking up to the BSIS they are safe, not likely. The associations only hope to control the beast for their own purposes, they will likely only realize their error when the beast devours them.

When BSIS goes after your company, it is not a question of challenging them in the courts, Admin Courts are a rigged deal, so it’s far cheaper to form a new corp and new license.

BB