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September 5, 2001

Baby Bells

Dear Reliables:

Great customer service and reliability used to be the hallmark of AT&T, Ma Bell, and also of all the little Baby Bells after the breakup. When you picked up the telephone, you got a dial tone and you could make a call. If you ever had a problem, the company repairman would arrive within a few hours, and he would fix the problem before he left. That golden age exists today only as a dim memory.

In this issue, as has happened several times in the past, themail correspondents report that reliability, and especially customer service, are not terms that apply to Verizon, StarPower, or Comcast. The services these companies provide are great as long as they work, but when something is broken it stays broken, and getting anything fixed is nothing but trouble. The DSL won't stay connected, the cable will be restored in a few weeks or whenever they're ready to get around to it, the mistake on the bill will never get corrected, and the larger business practices — well, as Jonetta Rose Barras reports below, they raise other questions. Does anyone have any practical suggestions for how we deal with this? Obviously, the single customer is powerless. Today's business philosophy is that the customer is never right and always a pain in the ass, and the company would rather just get rid of a customer who complains too much. So who in DC government is really out there fighting for us? The Office of Cable Television? The Office of the People's Counsel? Anybody at DCRA? Please, let's have the testimony from anyone who has fought the good fight successfully with the help of DC government.

Gary Imhoff
themail@dcwatch.com

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Social Hour
Natalie Hopkins, nehopkins@hotmail.com

In the early days of themail, there were a couple of social hours so that contributors could meet. Any chance of having another social hour anytime soon?

[Anyone else interested? Any suggestions for what, where, and when? — Gary Imhoff]

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Mr. Lincoln and Mr. Smith Go to Washington
Tom Matthes, tommatthes@earthlink.net

Sam Smith's question about the constitutionality of the DC Police chief's sealing off a large section of downtown DC is a sound one, even if you don't approve of the protesters. The question of how the executive branch of government is to handle emergencies goes back to the ancient Roman practice of a term-limited dictatorship. In modern times, as James Burnham put it, “In a great emergency, the executive carries out an extraordinary action, not foreseen in the established law. . . . If he and the community recognize that he has acted extra-legally, outside of and even against the law, then the law itself remains supreme, objective, inviolate. The proper law-making bodies can, if they see fit, approve his act ex post facto, and indemnify him for the consequences of its illegality.”

But the unrest at the World Bank/IMF meetings are no longer in the emergency category; they have become routine. Unless the City Council or Congress review the police actions for their propriety, our democratic rule of law is indeed disappearing. President Lincoln reported his suspension of Habeas Corpus to Congress during the Civil War. The mayor and police chief should follow Mr. Lincoln's example. The legislative branch should then review the appropriate laws to see if they need to be altered, or whether the police need a new approach.

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Reasonable Measures
Gregory Diaz, zaidmot@aol.com

Oh, please. If anyone comes across as “hysterical,” it's Sam Smith, not the Police Department. Martial law? Hogwash! Police and other public authorities always have had authority to limit access at various times and places to protect broader public health and safety. Examples range from quarantine to fire lines (including the right to destroy neighboring property to stop fires), to curfews. What's really happening here is that an international band of ragamuffin radicals and anarchists are throwing themselves down and holding their breathes because the police won't let them trash our city for their vague and hopelessly contradictory cause.

There is a more serious subtext to this overblown hyperbole. The fact is that Smith is right that there is a serious problem of over-militarization of policing in America and there has been a massive degradation of our Constitutional rights. But trying to blow the penny balloon of reasonable safety measures — taken in the wake of demonstrated mass vandalism — into a case for concern about this real degradation of rights is just so much overblown hot air.

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IMF and Constitutional Rights
Richard Urban, rurban@urbangrocery.com

I am totally in favor of freedom of speech. However, this does not include the freedom to cause property damage and mass disruption of others people's rights. We should not confuse freedom with license. The protests related to the World Bank have had a violent and destructive bent. If serious destruction of property occurs, would that be considered prudent preparation by the MPD? However, I agree that any actions limiting freedom of speech should be taken with caution and using proper legal means.

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Start Your Engines
Dorothy Brizill, dorothy@dcwatch.com

On August 9, Mayor Williams and the DC Sports and Entertainment Commission held a press conference to announce that the District had “entered into a 10-year agreement with National Grand Prix Holdings, LLC, to stage the 'National Grand Prix of Washington, DC' — an international, annual motorsports event and festival on the grounds of Robert F. Kennedy Memorial Stadium” (http://www.dcwatch.com/govern/sports010809.htm).  The first race, both Trans-Am and Le Mans, is scheduled for July 19-21, 2002, on a 1.7-mile race course on the RFK parking lot near Oklahoma Avenue and Benning Road, NE.

A quick review of what has been made public about the proposal indicates that: 1) a temporary race course and reviewing stands will be erected on the RFK parking lot; 2) a major segment of the track will weave around concrete and steel pillars supporting the aboveground Metro rail tracks; and 3) the race course will be directly across the street from homes on Oklahoma Avenue. 4) The three-day race will dramatically affect the noise level and create high levels of air pollution in the middle of the Kingman Park and River Terrace communities. 5) The race will be held in the middle of the July which, according to the Council of Governments (COG), is the worst month for air quality in the metropolitan region, with the most code-red health advisories because of high ozone levels. (On code-red days, COG discourages all daytime driving and refueling.) 6) The event will eliminate virtually all parking on the RFK lots, but the entrance to the event is on the far side of RFK Stadium, a great distance from the nearest Metro station, making it likely that attendees will park on the neighborhood streets rather than use public transportation. 7) No environmental authority -- not COG, nor the DC Department of Health's Office of Environmental Health, not the Mayor's Special Assistant for Environmental Issues, was consulted prior to the August 9 press conference, although planning for the project began in 1999.

DC Code Sections 6-981 through 6-984 require the Mayor and the Sports Commission to prepare an environmental impact statement for the event. It is clear that the event raises serious concerns regarding safety, the environment, cost, and the livability of the neighborhood. Environmentalists and those concerned about public health should demand that the required environmental impact statement be prepared and submitted for public review.

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Fire Protection
Mark Richards, Dupont East, mark@bisconti.com

My building recently suffered a fire on the 9th floor, and smoke and water damage for those below. The resident whose unit was destroyed was out of town when the fire started. The DCFD successfully extinguished it once it was reported. According to CDC stats (1996-1998), 7 percent of unintentional injuries in DC (38 percent of total injuries — 62 percent were intentional) were from fire/burn (2.54 deaths per 100,000). Compared to homicide — 51.72 per 100,000 — fire seems to be under pretty good control. According to Edwin Melvin Williams (Washington Past and Present, A History, 1930), Washington City’s first fire was in a house next to the War Office in November 1800, followed by one in January 1801 in the Treasury Office. The Treasury Office had the only fire engine, which put out the fire. Federalists had just lost power. Republicans accused them of trying to destroy public records, but a Congressional investigation found otherwise. Around this time, the idea of fire insurance emerged. One of the first matters Washington City’s first “Home Rule” government took up in 1802 was fire protection -- Congress had delegated to the mayor the authority to buy three fire engines — to house near Centre Market, West Market, and East Market. Perhaps this can be considered the first milestone in the struggle between Congress and our local government over appropriations: no appropriation was made for the fire engines.

City leaders required every household to keep on hand one leather bucket per story of ones home. Hoping for private means to pay for fire engines, leaders divided Washington into four wards (different from the city wards) and encouraged each ward to organize a fire company and buy their own engine, and this they did. Each ward picked a fire director/commissioner. In 1804, the Union Fire Company was organized in Rhodes’ Hotel, DC’s first “City Hall.” Other companies organized that year: the Columbian Fire Engine Company (organized at Stelle’s Tavern and located next to the Capitol) and the Anacostia Fire Company. In 1805, residents memorialized Congress to establish fire companies with fire engines and ladders at public expense, to protect federal property. Congress didn’t give any money, but gave the fire engine that belonged to the Treasury Office to the Union Fire Company. In 1811, the city spent public money for the first time on fire protection to supplement money raised by the Columbian for a fire engine. Another company, Perseverance, was organized in 1814. The personnel of the companies were volunteers, and when they arrived at a fire, citizens formed lines to pass buckets from the water supply to the engine. One problem was that rowdy men and boys fought and played at these events. The firehouses increasingly became a place where boys gathered, which Bryan described as “centers of gang mischief and disorder.” Apparently, they would go to churches and yell “fire” and watch the frightened crowd rush out. Sometimes they set fires so they could run the fire engine. Different companies were rivals and sometimes broke out in mob riots. Fire protection had become “fire sport.” In 1852, the City Council condemned the volunteer system, but the problem wasn’t solved until the Civil War drew the rowdy boys from the fire companies. The City Council established the Washington Fire Department in 1862 with salaried chief and assistant engineers. In 1864, they established a paid department under a Board of Fire Commissioners. For a brief time, until 1869, the federal and Washington City government shared costs. The DCFD has a history posted on its website: http://www.dcfd.com.

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Getting City Help and Getting Even
Deborah C. Fort, fortdc@earthlink.net

Some months back, Gary Imhoff solicited bouquets for the District government. I have several to pass out. An abusive bully of a contractor walked off our job unfinished about a year ago. Unfortunately, we’d mostly paid him. After hiring other people, all of them infinitely nicer and more competent than he, to finish the job, I went after him pro se (lawyerless) through the DC court and regulatory agencies. Personnel in both departments were exemplary and through their efforts and our evidence, we got a finding against the contractor which made his bonding company reimburse us directly the $5,000 he owed us and his unpaid staff.

Specifically, I got expert help through the Office of Tax and Revenue and through three offices in the Department of Consumer and Regulatory Affairs. I then filed a formal complaint with that office and went to Small Claims Court, which handles claims up to $5,000, to pursue the money. At the suggestion of three regulatory personnel, I also filed for preliminary, temporary, and permanent restraining orders and alerted our local police, who promptly came to our home and took a “notebook report.” The contractor kept none of the Court dates, and, by the time I had a permanent stay away order, the Department’s investigator had investigated my allegations, gathered 30 pages of evidence and sent them to the contractor’s bonding company, which immediately cut me a check for the full amount. The work of District personnel not only recouped our loss but also kept me from having to have any face-to-face contact with an abusive man who told us that he was an unmedicated (“not even aspirin”) manic depressive. His threats, confined to telephone lines, stopped once he received the summons. This distance was a huge comfort to me, my family, and my friends and neighbors.

Kudos in particular to Steve Allen, Investigator, Office of Compliance, Investigations Division; Deborah Britt, Dispute Resolution Specialist, Office of Compliance and Enforcement Division; and Meredith Scott, Acting Program Manager, Business Service Division, Business and Professional Licensing Administration (all in the Department of Consumer and Regulatory Affairs); Senior Judge Eugene H. Hamilton; Associate Judge Linda Turner; Commissioner Judith Macaluso; and Charles A. Pinnix, Assistant Court Clerk for the Judge in Chambers (all members of the District Superior and Small Claims Courts); Stella Hodge, Problem Resolution Officer, Office of Tax and Revenue; and Michelle Cole, Office of Councilmember Kathy Patterson.

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1809
Michael Bindner, mbindnerdc@aol.com

Harold Foster asks why the Constitution abolished the slave trade in 1809 rather than 1810. This is an interesting question which goes to the mindset of our founders. They fully believed that slavery would be economically unviable by that date, and that the nation would have grown out of it by then. They were basically putting off the issue until the south could make all the profit it could. Then Eli Whitney invented the cotton gin, making slavery very profitable, and making war the only way to finally end slavery.

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UDC and WDCU
Gloria Mobley, glomo_53@yahoo.com

I want to concur with Steve Chaggaris about the fate of UDC, and express my concern that people seem to think that any problems that occur in municipal government happen overnight. When DC General was a hot topic, many were quick to blame the Williams administration and the Control Board. While this may be an easy scapegoat, the problems at DC General were the result of years of neglect, lack of foresight about the evolution of health care, and financial mismanagement. But let me stop here. I don't want to start up this debate again.

With respect to WDCU, its fate was affected by the unstable financial health of the University of the District of Columbia (UDC). The good news was that WDCU was in good financial health. The not-so-good news was that, as a result, it became a viable asset that could be sold to help alleviate UDC's financial difficulties. Like DC General, many of these difficulties are the result of years of neglect from external sources: the lack of funding for the University at levels that would help it become a world-class higher education institution; frequent changes in UDC's leadership; the complexities of running an institution that has a dual role, one as a community/junior college, and one that is to serve as a state university, to name a few. So we do everyone a disservice if we try to dump all the blame on one individual, the Control Board, the UDC Board of Trustees, etc.

UDC is one of the hidden gems in the region. It has a very strong math department, offering courses for those who need remedial work to those who want to pursue high mathematics. It has one of the best mortuary science programs in the country. Many of those who go through the program not only end up with outstanding training, but are heavily recruited to work with coroners throughout the country. I think that the University has the only Ph.D. program in the country for gospel sacred music. The nursing program is strong, with a focus on community and public health. Many of its graduates work in urban hospitals that serve underserved populations. Rather than blame, I'd like to find out what we as a community can do to help those who were the backbone of the station; i.e., Ernest White, the former moderator of “Crosstalk” and the station's Sunday gospel program “Blessed Assurance.”

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Acting on Verizon
Paul Dionne, PDionne@Speakeasy.net

Paul Penniman complained about his DSL connection's getting cut by Verizon. I would recommend that he start by capturing everything in writing and take transcripts of phone conversations. He may also want to send a complaint directly to the President or Chair of the Board of Verizon or send copies to him at the very least. After three documented good-faith attempts to resolve the issue, he may want to file a complaint with the Better Business Bureau. There is an online form located at http://www.bbbonline.org/consumer/complaint.asp.

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My StarPower Experience
Shaun Snyder, Chevy Chase, shaunsnyder@starpower.net

I have Starpower for my cable Internet and cable TV. The service is good — when it works. Through my extensive contact with Starpower, I have come to the conclusion that the company is totally incompetent. They incorrectly installed my cable modems, so one didn't work for months. When they increased their channel lineup recently, many channels weren't working. Then the cable went out. They came out to fix it, then "hit" my box which knocked out the service again, so they came out to fix it again, then hit the box again, then came out again, and finally stopped hitting my box — so it's been working since. Each time all they did was give me a new cable box. And for months now I've been telling them to bill my credit card automatically, and each month they send me a paper bill wanting me to return a check. And when you call up to discuss your bill, that is not one of the telephone menu options, so you end up waiting on hold to speak to someone who tells you they can't help you, and they transfer you around for a while. I don't have their phone service, but my neighbors across the street do. Their service went out so I called Starpower to tell them. Starpower told me that my neighbors (who didn't have phone service) would have to call and tell them that.

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DSL — Use Toadnet While You Can!
Ken Katz, Forest Hills, kskatz@toad.net

Firstly, I have no connection to ToadNet other than as a satisfied customer for over three years or so, nor do I have a vested interest in its prosperity other than its continued survival. Secondly, I have to admit, without any extrapolation, that I'm sort of in the tech biz, but for the greater public good I might hasten to add. Disclaimers and context thus fulfilled: if you want good, reliable (only downtime I've had in two years of DSL from ToadNet was a failure that started at Verizon), high quality DSL, get the local ToadNet (www.toad.net). They cost a bit more per month, and you will need (if you don't already have it) inside wiring for a second unused phone line for the DSL line. However, in my experience of helping friends deal with Verizon, your cost per usable kilobyte is way less. And if you want a hardware firewall (and you should), Verizon will fight you the whole way, whereas Toad will help you the whole way.

That's it — it's not as important to me as Sam Smith's keen observations, nor the clear rebuttal to seemingly intelligent, but learnedly unbased in the facts, arguments about the tenth amendment and DC statehood. But I hate to see my brethren suffer so. Please, see Toad or no longer share your pain; for it is — whilst ToadNet is in existence and you have received this notice -- your own fault if you choose otherwise.

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Wired?
Jonetta Rose Barras, Rosebook1@aol.com

Comcast, which earlier this year took over District Cablevision, promising improvements, seems to have become embroiled in as much controversy in its short nine months of residency as its predecessor. Not unlike TCI and the man who served as its corporate face, Robert Johnson, Comcast came into town lining pockets with plenty of cash. It donated to several of those mayoral fundraisers currently under investigation by the city’s Inspector General and the Office of Campaign Finance. Government sources say the corporation added more than $50,000 to the kitty collected for mayoral activities associated with last year’s Republican National Convention in Philadelphia.

But Comcast executives are learning that funding pet projects -- proper and perhaps otherwise -- of elected officials doesn’t provide the corporation with immunity from community ire. Within the past four months, the corporation has fallen on the wrong side of residents in Southeast and Northwest and of workers for its prime cable installation and repair company, Killian Cable Contractor.

The Wingates Tenant Association in Ward 8 took issue in July with Comcast and the apartment complex’s management company. Residents were essentially ordered to make their units available for Comcast workers to enter. If they failed to follow the management directive, they were told the locks would be changed on their apartments and they would be charged $75. Robin Denise Ijames, president of the tenant association and chairperson of Advisory Neighborhood Commission 8D, sent a letter to Comcast officials, a copy of which was obtained by yours truly. She says that several other residents in large apartment complexes also are concerned. The problem is choice. With Comcast wiring units without their permission, residents say they would be locked into a deal with that corporation. “No one has the right to dictate what companies our residents decide to give their money to,” says Ijames.

Comcast spokesperson Mitchell Schmale says the company is “going through the District upgrading with fiber-optic cable.” He says it has “stopped work” at the Wingates and “has moved to other properties in the area until issues between the management company and residents are resolved.”

Comcast also has stopped work at its transmission center on Piney Branch Road (one of five it is planning for the city), after two strongly worded letters by Ward 4 D.C. Councilmember Adrian Fenty and citizen complaints forced the city’s Department of Consumer and Regulatory Affairs (DCRA) to reverse itself. It seems some agencies never learn from their mistakes. DCRA’s zoning administrator apparently approved Comcast’s application, although the area in which the transmission center is located is zoned R1-residential. Both actions -- the Comcast application and the DCRA approval — were taken without any notice to Fenty or his constituency. “It’s a slap in the face,” says Fenty.

Schmale says the corporation followed appropriate procedures, but that it is adhering to the stop work order. He says Comcast has applied for a zoning variance and will abide by whatever decision is made by the Board of Zoning and Adjustment, which for some reason has fast tracked the public hearing scheduling it for early October, although residents and Fenty have requested a later date. Schmale says there will be costs associated with moving the center, if that is the final determination, which sounds like yet again District taxpayers may have to bear responsibility for mistakes made by bureaucrats who have taken the phrase business-friendly to the new heights.

Meanwhile, workers with Killian Cable Contractors are complaining of not being paid for months on end. Ron Killian did not return several telephone calls to his office. Schmale says the company doesn’t have anything to do with the payroll practices of a private business. Except that government sources say the reason workers can’t get paid is because Comcast hasn’t paid its contractor. Schmale says Killian does work for other companies, suggesting that he should pay employees providing Comcast installations from those funds. Schmale could not say how much Comcast owes Killian; he does admit, however, that the cable giant has been “reviewing some invoices, part of a regular process.” Which sounds to me like Killian hasn’t been getting its money on time. What does it sound like to you?

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CLASSIFIEDS — EVENTS AND CLASSES

I’m Not Rappaport Now on Sale!
Richard Steacy, rsteacy@fordstheatre.org

Coming to Ford's Theater this January 23 through February 17, the Tony-Award-winning comedy by Herb (“A Thousand Clowns”) Gardner “I'm Not Rappaport.” Judd Hirsch recreates his Tony winning performance as the dreamer and socialist "Nat," one of two 81-year-olds who take on the world from a Central Park bench. Tickets range from $27 to $43, and may be purchased over the Internet (http://www.Tickets.com),  by phone 1-800-955-5566, or at our Box Office window at 511 10th Street, NW. There has been no advertising yet. Readers of themail will have first crack at the best seats!

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IMC Media Trainings and Workshops
Alan Bushnell, bushnell@cs.oberlin.edu

The DC Independent Media Center will be conducting a weekend of media trainings and workshops September 7-9 in preparation for providing coverage of events around the IMF and World Bank meetings at the end of September. You can make the media and tell the story of global justice joining hundreds of independent journalists from DC and all over the world. During the meetings the DC Independent Media Center will produce daily video news pieces to be distributed nationally via satellite and on cable access stations, program a continuous audio webcast that will be translated into several languages and carried on FM throughout the world, run a web site that will receive hundreds of thousands of visitors, print a daily newspaper. The DC IMC is an all volunteer effort, so you can take part in making all of this happen.

Schedule: Reception, Friday, September 7, 7-9 p.m., Cada Vez Technology Center, 1438 U Street, NW. Meet other media producers and network. We will also screen the latest Indymedia Newsreal segment. Saturday, September 8, 11 a.m.-5 p.m., trainings and workshops, Cada Vez Technology Center. After brief introductory remarks, each working group will conduct a skills training in a particular medium. Each working group will conduct hands on planning for their coverage of during the meetings focusing on building production teams. Sunday, September 9, 10 a.m.-5 p.m., story development and workshops, Josephine Butler Parks Center, 2437 15th Street, NW. The morning session will focus on the stories that need to be told, from AIDS in the developing world, to connecting the local struggle with DC General to the global justice movement, to alternative economic systems. Bring your ideas! The story session will be followed by a series of workshops, ranging from legal issues for journalists, an overview of events, and local DC issues.

All events are free and open to the public, with a suggested donation of $10 for the entire weekend. For more information on the weekend of trainings and workshops and to sign up via our registration form please visit http://dc.indymedia.org/media-gathering.php3. Questions? Call 452-5936 or E-mail dc@indymedia.org.

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CLASSIFIEDS — HELP WANTED

Tutors for Jubilee Enterprises
Afrika Abney, Aabney@jubileeenterprise.org

The Jubilee Enterprise Higher Achievers After- School Program is currently hiring tutors for the 2001-2002 academic year to work at its three affiliated properties in Southeast Washington. The sites served by the Higher Achievers After-School Program include Trenton Park, Benning Park, and Howard Hill. It runs from September 2001 to June 2002. For additional information, contact Ms. Afrika Abney at 328-1472, ext. 673, or fax your resume immediately to her at 483-7944.

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CLASSIFIEDS — RECOMMENDATIONS

Architect and/or Design-Build Firm
Lorie Leavy, lleavy@email.usps.gov

We're contemplating a two-story addition to an older house. We'd very much appreciate recommendations for architects or design-build firms from anyone who has survived a similar project.

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Bank Shot
Mark Eckenwiler, eck@ingot.org

Paul Penniman asks for a bank recommendation. For anyone who lives or works in (or commutes through) the Dupont East, Chinatown, K St./16th, or Union Station areas, Adams National Bank is convenient and pleasant. They offer (or at least have offered from time to time) promotional no-fee/no-interest checking accounts; I also have an interest-bearing NOW with no fees thanks to my using direct paycheck deposit. I've used their ATM card in Toronto, Paris & Moscow (as well as various US locations) without a hitch, and there's a toll-free automated phone system for balance inquiries and transfers, free copies of statements via fax, etc. In short, they embody the long-standing principle that small local banks provide better service than do large business-oriented banks.

Disclaimer: I have no stake in Adams other than as a hard-to-please but still very pleased customer of more than four years.

[I'll add my recommendation of OBA Federal Savings and Loan, which has a branch at 6th and F Streets, NW, across from MCI Center. OBA is a small, conservative institution, the oldest surviving savings and loan association in the nation, but it has always offered totally free checking accounts (even including free checks), and now has Internet banking. Any other options? — Gary Imhoff]

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