Good Faith Commitment to Open Access Principles

As a Service Provider seeking access to the open access fiber network installed and managed by Underline, the undersigned Service Provider pledges its good faith commitment to the following Principles, to the extent not inconsistent with any overriding and specific obligations imposed by the FCC or other governing agency:

A. Net Neutrality

  1. Commitment to transparency: Subscribers must be fully informed about the services offered, including technical characteristics and network management practices, so they can make informed choices.
  2. Free flow of information: Subscribers will have access to internet content, applications, and services without intentional degradation.
  3. No blocking of lawful websites: Subscribers will have access to all lawful websites, resources, applications, and internet-based services. 
  4. No discrimination of lawful network traffic: All lawful traffic, including encrypted traffic, shall receive similar treatment. No specific content or particular service provider will receive preferential treatment based on affiliation, the identity of the user, the identity of the provider, the content of the information, or the type of service being provided. 
  5. No paid prioritization: Service Providers may not offer prioritized transmission of certain content or applications in preference to other internet traffic sharing the same network facilities.

B. Closing the Digital Divide

Services available to qualified low-income residents will be the same quality as those available to other consumers. Providers shall not offer discounts or benefits in exchange for “opting in” that would push low-income Subscribers to sacrifice their digital privacy, without full disclosure of the trade-off.

C. Customer Information

The Service Provider shall notify Subscribers of its privacy policy regarding the collection, use, and sharing of personal information at the time Service is selected, on a periodic ongoing basis, and when there is a change to the policy.  As an inherent nature of the Service, personal information will be collected and used by the Service Provider and also shared with contracted service vendors in order to set up accounts, issue and collect bills, evaluate system operations, and undertake related activities necessary for providing network services.  For proposed activities that go beyond these inherent business needs, the Service Provider will comply with the following prohibitions and safeguards:

  1. Not share, sell, trade, or otherwise provide to third parties any Subscriber’s personal information or "de-identified" data, unless Subscriber provides prior affirmative “opt-in” consent or pursuant to information requests from law enforcement agencies and similar surveillance requirements.
  2. Not refuse to serve or limit services to any Subscriber who chooses not to allow the use or sharing of information, or who opts out of consent at any time.
  3. Give Subscribers “opt-out” mechanisms to avoid receiving advertisements, other than updates on the products and services available from the Service Provider.
  4. Not block, deprioritize, or otherwise encumber Subscriber’s use of encryption technology.

D. Security

Commercially reasonable efforts will be made to securely manage and deliver data and uninterrupted service to Subscribers.