Connection restored

“A couple hundred" local wireless internet subscribers waited four days to get their service reconnected because of an undocumented agreement dating back three years between the service provider and the City of Liberal.

Wireless internet service in northern Liberal was shut off last Thursday because the city did not have a formal agreement with Southwest Kansas Online, Inc. also known as SWKO. The wireless internet service was routed through an antenna located at the city's water tower at the Liberal Country Club. None of the city's officials at Monday's special commission meeting could say how or when the antenna was placed at the water tower.

SWKO has been using the same antenna for about three years, but city officials were unsuccessful in finding any written agreement to use the water tower. Last October, the city commission approved an agreement with another wireless company for use of the city's water tower. Since then, city officials said they had been trying to get an agreement with SWKO.

Chris Jewell, general manager of Southwest Kansas Online, Inc., admitted to the City of Liberal Commission he neglected to follow up on a certified letter from the city regarding SWKO’s use of the water tower. As a result, the city shut off SWKO’s wireless service Thursday which affected “a couple hundred” customers, a company spokesman said. Photo by Tony Hernandez

City manager Mark Hall sent SWKO a certified letter dated Feb. 2 stating the company had 15 days to reach an agreement with the city and the country club or 30 days to remove the antenna.

SWKO never responded and the company's general manager, Chris Jewell, took the blame. He told the commission he pushed Hall's letter to the side and referred to an informal agreement.

"A long time ago, we had worked out a deal, we thought," Jewell said. "Maybe this is me being naive again. I don't know. I thought we had a gentlemen's agreement with the city for providing internet for certain (departments) in the city and we were providing internet to the country club at the time. That's what we've been operating on for the last two or three years."

Larry Koochel was the only city commissioner to speak up at the meeting and stormed out shortly after his comments. Koochel told The Southwest Times Tuesday morning he wanted more discussion from the city's commission before voting on the agreement.

At the meeting, Koochel, clearly upset at SWKO management, said the antenna had been placed at the tower illegally. He also said SWKO was blaming the city for the disruption in service.

Jewell denied SWKO ever blamed the city. In response to Jewell, Koochel offered up the names of customers who were told the disconnection was because of the city.

Despite Koochel's sudden departure at the special meeting, the agreement passed 3-to-1. Mayor Joe Denoyer, Vice Mayor Tim Long and Commissioner Dave Harrison voted in favor. City attorney Kerry McQueen said Koochel's sudden departure counted as a vote against. Commissioner Bob Carlile was absent.

"There was no discussion outside of me," Koochel said. "When it was asked for discussion, I brought up my concerns, but the other three commissioners said nothing. That was really upsetting to me."

Denoyer said he had plenty of time to review the contract with SWKO and did not have anything to say. Because the contract was written by city attorneys, he felt comfortable with the agreement.

"I opened the floor for comment," said Denoyer. "Commissioner Koochel stated his piece and the rest of us obviously didn't have anything to say. The time for finger pointing was not last night. I believe it was the time to move forward."

Koochel believes SWKO should make some sort of back payment for the near-three years it has used the water tower. He compared the situation to people who have water service shut off for lack of payment. Those people, he said, must repay their debt plus a reconnection fee.

"If we require it on a water bill, why doesn't this apply to everything else," said Koochel. "This meeting was supposed to have been a discussion type meeting."

Denoyer and Harrison both said they never heard from Koochel about any sort of back-payment plan.

"From Thursday through today, Larry has not conveyed any of that to me that he thought there should have been retroactive or anything else," said Harrison. "We have a free and open discussion. Nobody cut Larry off. Everybody let Larry have his say. If he had more to say, he should have said more. I was willing to listen, that's what I was there for."

Koochel said he did not bring up a back-payment because the other commissioners had their minds made up.

"There would have been no support for it as anxious as they were for it to pass the agreement," Koochel said. "The only interest in there was getting it passed. There were no questions asked. Whether it was discussed beforehand. I don't know."

Denoyer, Harrison and Long said their priority was to get service reconnected to the hundreds without internet service.

"The main objective of the meeting last night was to restore service to the customers," Denoyer said. "I don't think it was the time to do finger pointing. We just wanted to do what was best for both parties and it's unfortunate that they had to be without service for as long as they were because we couldn't get a meeting scheduled sooner."

The commission tried twice to hold the special meeting to get service restored, Denoyer said.

"We've known since last Thursday that it was a problem," Harrison said. "We tried to have a meeting last Thursday and both he and Mr. Carlile were unavailable to have a meeting last Thursday."

Koochel said restoring the service to the customers was immaterial.

"I don't think it’s an issue with the customers," Koochel said. "They made the
choice to go with (SWKO). I just can't go along with the fact that we should run out and turn them on. They should have had to pay for the months of service the antenna was in use."

Both Denoyer and Harrison said SWKO customers had no idea about the lack of a formal agreement between both parties.

For full story please see Wednesday's Times

© 2008 Southwest Times