QUESTION:

    Hello Ken,

     I always enjoy reading your emails. Here is a question that comes up a lot  and I was wondering what the Legal side is.

     We are a communications company, we do not sell alarm systems.

    Over the last several months we have had a lot of our clients ask us to install an RJ31X jack for them. We tell them we cannot install that type of jack and recommend they have their alarm vendor install the RJ31X jack.   They tell us the alarm company is telling them to get there telecom vendor to install it.  We tell them to have their alarm vendor install it so they will be liable if there is an issue. We also tell them that by having another party install the RJ31X jack, we believe  they are giving the alarm company  a way to reduce their liability because the job was not completed by the alarm company.   Are we correct in our statements?

     Thank you,

     Ralph Meyers

     Nu-TEL Communications

 ******

ANSWER:

    Alarm companies typically will not install the RJ31X jack.  In fact my standard contracts - www.alarmcontracts.com - specifically require the subscriber to provide the RJ31X jack or equivalent.

    Alarm companies are exposed to enough risk without taking on the communication equipment.  Here is the provision from my contract:

    " SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND COMMUNICATION SERVICE: Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC power, electrical outlets, receptacles, telephone hook-ups, RJ31x Block or equivalent, internet connection, high speed broadband cable or DSL and IP Address, as deemed necessary by ALARM COMPANY in its sole discretion and to notify ALARM COMPANY of any change in such service."

    So to answer your question, the alarm companies are seeking to reduce their liability by not getting involved with the RJ31X Block, just as they will not get involved with the VOIP hookup.  This position probably arose when the telephone block connection belonged to the telephone company.  Now that many if not most telephone systems and equipment are sold to the customer rather than owned by the telephone company I suppose an argument can be made that the alarm company should do the installation.  But certainly the alarm company is not expected to install 110 volt or receptacles.

    The bottom line is that alarm companies do and should make every effort to reduce their exposure for liability.  This is just one way.