In less than a few weeks, all Internet Service Providers (ISPs) are required to post their Network Practices, Performance Characteristics, Traffic Management Policies and Commercial Terms of Service (Network Policies) on their websites. The November 20, 2011 deadline has been established pursuant to the FCC’s Open Internet Order. These policies are designed to ensure that:

  1. shared network resources are allocated fairly among all users;
  2. users and prospective users understand service policies and any significant limitations on the service; and
  3. ISPs provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe.

Additionally, ISPs must not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, support the ability of users to select and attach the equipment of their choice to the network so long as that equipment is used for a lawful purpose consistent with the ISP’s Acceptable Use Policy and does not harm the network or degrade network performance for other users. Failure to comply with the November 20, 2011 deadline may result in FCC enforcement action, including the imposition of significant fines and/or forfeitures.

RTG member Bennet & Bennet, who also serves as RTG’s General Counsel, has developed a template for both fixed broadband and mobile broadband providers to use in developing their Network Policies. This template must be tailored to each broadband provider’s procedures and capabilities and should be reviewed by counsel before posting to avoid legal issues that may result in a violation of the FCC’s Open Internet Order or the FTC’s Truth in Disclosure policies.

Bennet & Bennet has created a special legal package for RTG members that includes this template and three hours of legal services to tailor the template to your company’s specific network practices. For pricing information or to order this legal package, please click here to contact Bennet & Bennet by this Friday, October 28th.