Tohono O'odham Utility Authority | TOUA Broadband Policy
Statement of Broadband Nondiscrimination and Interconnection Policy
In its provision of broadband services, the Tohono O'odham Utility Authority (TOUA) is committed to nondiscrimination and the provision of interconnection as set forth in this policy statement:
A.
TOUA adheres to the Policy Statement set forth by the Federal Communications Commission on August 5, 2005 which set forth the following principles to preserve and promote the open and interconnected nature of the Internet:
(1) consumers are entitled to access the lawful Internet content of their choice;
(2) consumers are entitled to run applications and services of their choice, subject to the needs of law enforcement;
(3) consumers are entitled to connect their choice of legal devices that do not harm the network; and
(4) consumers are entitled to competition among network providers, application and service providers, and content providers.
B.
TOUA will manage its broadband network in a manner that does not favor any lawful Internet applications and content over others.
C.
TOUA utilizes its best efforts to provide broadband services.
TOUA may utilize generally accepted technical measures to provide acceptable service levels to all customers including caching and application-neutral bandwidth allocation.
In addition, TOUA may take lawful measures to address spam, denial of service attacks, illegal
content, and other harmful activities. In addition these network management practices, the TOUA will ensure that its broadband network is operated in a manner that meets the needs and requirements of law enforcement and public safety agencies.
TOUA does not
engage in any other business practice or technical mechanisms to: allocate capacity; differentiate among applications, providers or sources; or limit usage of its broadband services.
If in the course of providing broadband services, the expansive utilization of the network requires TOUA to undertake additional reasonable network management practices, TOUA will provide notice to its customers of any changes to these practices and policies.
D.
The broadband service provided by the TOUA enables consumers to utilize direct connectivity to the public internet.
E.
TOUA will provide interconnection to a requesting provider where technically feasible and subject to the limitation of current or reasonably anticipated capacity limitations.
Interconnection will be provided on the basis of reasonable negotiated
rates, terms and conditions, and may include both the ability to connect to the public Internet and physical interconnection for the exchange of traffic.
TOUA is committed to negotiating in good faith with any party making a bona fide request for interconnection.
The scope of the good faith negotiation may include all business terms and arrangements, capacity limits, financial terms and technical conditions.
In the event good faith negotiations do not result in a mutual agreement, the TOUA and the requesting party may voluntarily seek interpretation by the Federal Communications Commission (FCC) of any FCC rules or regulations associated with the unresolved terms and conditions of the requested interconnection.
In the event that mutual agreement is not reached within ninety (90) days, the party requesting interconnection may notify the Rural Utility Service at the following address:
Office of the Administrator
Rural Utilities Service
U.S. Department of Agriculture
1400 Independence Avenue, SW
Washington, DC
20250
F.
In the event that any person believes that the TOUA has failed to meet its responsibilities of non-discrimination with respect to the provision and operation of its broadband service, the individual should first seek action at the FCC by contacting the FCC at the following address and contact information:
Enforcement Bureau
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Consumers may file a complaint at the FCC online: http://esupport.fcc.gov/complaints.htm
In the event that the FCC chooses to take no action, any individual concerned with and alleged failure of the TOUA to adhere to this statement of policy regarding nondiscrimination and interconnection may notify the Rural Utilities Service of the alleged violation at the following address:
Office of the Administrator
Rural Utilities Service
U.S. Department of Agriculture
1400 Independence Avenue, SW
Washington, DC
20250
