Important Service Policies
Lenoir City Utilities Board – Acceptable Use Policy
This Acceptable Use Policy (“AUP”) applies to Lenoir City Utilities Board (“LCUB” or the “Company”) broadband internet and telephone services (“Services”) and any equipment that is owned and provided by LCUB (“LCUB Equipment”) in connection with the Services provided to the subscriber of record as shown on the LCUB bill (collectively “Subscriber”, “you” or “your”). This Policy is designed to require Subscribers to use the Services responsibly and to enable LCUB to provide secure, reliable, and functional Services. If you use or otherwise accept any Services or LCUB Equipment, you agree to comply with this Policy and be bound by its terms. It is the Subscriber’s sole responsibility to ensure that other users of their Services and LCUB Equipment understand and comply with this Policy.
General Conduct
The Services and LCUB Equipment may be used only for lawful purposes. Subscriber may not use the Services or LCUB Equipment in order to create, transmit, or store any information, data or material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, (c) that will unlawfully violate the privacy, publicity, or other personal rights of others, or (d) that is illegal or contains a virus, worm, or other malware.
Subscriber may not use the Services and LCUB Equipment in a way that violates applicable federal, state, or local laws or regulations regarding unsolicited, false, or fraudulent e-mail or electronic communications, including, without limitation, Tenn. Code Ann. § 47-18-2501, et seq., or in a way that could be reasonably expected to adversely impact the Services or deny or limit the full, intended use of the Services by others.
You are also subject to the acceptable use policies, as amended from time to time, of any third-party provider of services to LCUB.
User Responsibility for Content
LCUB does not assume any responsibility, control, oversight, or other interest in the e-mail messages, websites, content or any other data (in any form) of its Subscribers, whether or not such data and information is stored in, contained on, or transmitted over property, equipment or facilities of LCUB. The Subscriber is and shall remain solely responsible for such data and information.
Copyright Infringement
LCUB is registered with the United States Copyright Office under the Digital Millennium Copyright Act of 1998 (“DMCA”); see 17 U.S.C. § 512. LCUB respects the intellectual property rights of others. Subscribers may not use the Services in any manner that infringes upon the copyrights or other intellectual property rights of others. In accordance with the DMCA and other applicable laws, LCUB maintains a DMCA Policy that provides for the suspension, or termination in appropriate circumstances, of Subscribers who are repeat copyright infringers. This information related to copyright infringement does not take the place of advice from your legal counsel. LCUB is providing this information for informational purposes only.
Response to Use Violating Law or Policy
LCUB does not monitor or regulate the content of any messages or material transmitted or displayed by Subscribers. From time to time, LCUB may receive complaints or information that a Subscriber is using the Services in violation of federal, state, or local law or this Acceptable Use Policy. If LCUB determines that a Subscriber has violated applicable law or this Policy, LCUB may take such action as is authorized by law, including, without limitation, a written warning, temporary suspension of Service, requiring Subscriber to provide written assurance of refraining from any further violations, termination of Service, or legal action seeking injunctive relief or damages. LCUB shall not be liable for any damage of any nature, including, without limitation, consequential damages alleged to have been suffered by Subscriber or any third party resulting in whole or in part from LCUB’s actions authorized by law or this Policy.
Modification of Acceptable Use Policy
LCUB reserves the right to modify this AUP at any time in its sole and absolute discretion. Changes and modifications will be effective when posted to the LCUB website and any use of the Services by the Subscriber after the posting of any changes will be considered acceptance of such changes.
No Waiver/Severability
Any failure of LCUB to enforce this Policy shall not be construed as a waiver of any right to do so at any time. If any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law, and any remaining portions will remain in full force and effect.
Notice to Subscribers
LCUB may deliver notice to a Subscriber by any means LCUB deems appropriate, including, without limitation, delivery to your E-mail account associated with your broadband account, or mailing the notice to your service address associated with your broadband account. Notices provided by E-mail or other electronic means will be effective upon transmittal by LCUB and notices by mail will be effective upon delivery.
LCUB reserves the right to modify this Acceptable Use Policy at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.
Effective: 05/01/2024
Lenoir City Utilities Board – Backup Battery Policy
THIS IS IMPORTANT INFORMATION REGARDING YOUR TELEPHONE SERVICE DURING A POWER OUTAGE
Your Lenoir City Utilities Board (“LCUB” or the “Company”) provided telephone modem is powered by plugging it into an electrical wall outlet. In the event of an electrical outage, your modem will not receive power, just like any other electrically powered device in your home or business. If this happens, your telephone service, including any medical or security alert services such as E911, will not be available to you.
A backup battery is designed to provide temporary power to the telephone modem in the event electrical power in your home or business is lost. The length of time that your phone will be available during a power outage depends on many variables, including, but not limited to, the following: (i) whether a backup battery remains properly installed in the telephone modem; (ii) whether a backup battery is properly charged; (ii) the condition and age of a backup battery; and (iii) the amount of telephone usage when the telephone modem is utilizing power from a backup battery.
It is your responsibility to provide, maintain, monitor, and/or replace a backup battery.
TAKE NOTE: If you have a medical alert system, or security equipment, you are strongly encouraged to utilize and maintain a battery backup. Our telephone service is designed to be used on the premises in which the service is installed. The equipment that we install in your home or business is the property of the Company. In the event you relocate or disconnect the service, you must return the unit/equipment to a LCUB office or arrange to have it picked up. If the unit/equipment is not returned, you will be subject to a one-time equipment charge. You assume the risk of loss, theft, or damage to the equipment at all times prior to the removal of the units by the Company or return of the units by you.
Should you require assistance, please visit https://www.lcub.com to learn how to determine when your backup battery needs to be replaced and/or where you can go to order a replacement battery. Please contact Customer Service at 1-844-687-5282 to learn more about this LCUB Backup Battery Policy, including tips on how best to prepare for an electrical outage. The Company does not guarantee the performance of any backup battery.
LCUB reserves the right to modify this Backup Battery Policy at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.
Effective: 05/01/2024
Lenoir City Utilities Board
CALEA Policy and – Law Enforcement Request Method of Procedure
Introduction:
Communications Assistance for Law Enforcement Act (“CALEA”) is intended to preserve the ability of law enforcement agencies to conduct electronic surveillance while protecting the privacy of information outside the scope of the investigation. We will also require compliance with our Customer Protected Network Information (“CPNI”) Policy when responding to a request made under this CALEA Policy. Lenoir City Utilities Board (“LCUB” or the “Company”) is a VoIP service provider and internet service provider. As the entity facing the Subscriber, LCUB is the entity that can best verify the identity of the end user subscriber and furthermore is the best source for records relating to both the telephone number in use and the end user subscriber.
Law Enforcement Access to Call Detail Records (“CDRs”):
Typically, CDRs must be pursued directly from the entity facing the Subscriber. To the extent we have CDRs they are readily accessible for approximately 45 days. Compliance with our CPNI Policy will be required when responding to any request for CDRs. If, after your review of our CPNI guidelines, you believe LCUB is the appropriate source for providing CDRs, please contact our CPNI Officer directly.
Civil Subpoenas: Subpoenas issued in matters of civil litigation in which LCUB is a non-party must be served in accordance with our Civil Subpoena Guidelines below, which also provides for methods of service, applicable fees, and requirement for a protective order when seeking CDR’s.
Civil Subpoena Guidelines –
Civil litigants will generally want to issue an initial request to LCUB for the purpose of identifying a LCUB Subscriber and thereafter, pursue CDRs through a legal subpoena directly to that Subscriber. LCUB will initially and conditionally provide an estimate of the LCUB CDR Processing Fee applicable to all requests for CDRs.
Protective Order–
Where LCUB is required to provide/produce CDRs, such production will only occur pursuant to a protective order issued by the court having jurisdiction in the case. Such orders will be limited in both access and use, specifically for purposes of litigation and appeal.Trace Back
Exception–
Call Trace Back is the exceptional, isolated circumstance in which LCUB CDRs may contain some unique information. Call Trace Back is the telecom industry’s process of recreating the path of a telephone call in reverse (i.e., going from the called party’s service provider to one or more intermediate providers, and ultimately to the calling party’s service provider). If the calling name/number is spoofed/blocked that manipulation occurs prior to the network and therefore our records reflect only the spoofed/blocked details, the network-level details of a CDR will remain unaffected. By recreating the call path, the originating network can be determined, and thereby, the actual calling number and end user subscriber’s identity. Specific details will be required, by way of example “the call from NPA-NXX-1234 to NPA-NXX-5678 on MM/DD/YYYY at 12:23 pm ET for 45 seconds”. Allow at least five (5) business days for a Call Trace Back request for a call made within the prior forty-five (45) days. Call Trace Back requests for calls made more than forty-five (45) days prior will typically require archive retrieval and must allow at least fifteen (15) business days for processing and an ICB processing fee will apply. Fees may also apply for voluminous requests. LCUB shall cooperate with Call Trace Back requests as may be applicable and in compliance with our STIR/SHAKEN and Robocall Mitigation Policy.
Submitting a Formal Lawful Request for Information:
All requests must include, at a minimum, the following information:
- Full contact information with Agency name, physical address, Email address and direct contact telephone number.
- Target telephone number(s) in the XXX-XXX-XXXX format.
- Specific dates (To/From in MM/DD/YYYY format) for which information is being requested.
- Brief description of the matter.
Email the request to CALEA_Request@LCUB.net with a copy of your subpoena, court order, search warrant, or other formal legal documentation. If you have multiple requests, please submit only one legal document per email to ensure individual tickets are created in our system. For requests involving ten (10) or more numbers, please attach an Excel, or text file listing target telephone numbers in the XXX-XXX-XXXX format, one (1) telephone number per line.
Official Address for Service of Process-
Lenoir City Utilities Board
7698 Creekwood Park Blvd.
Lenoir City, TN 37772
Faxed legal demands will NOT be processed. Submit Legal Demands via E-mail to CALEA_Request@LCUB.net. We do NOT consent to fax transmission.
Normal Hours of Availability:
Our normal business hours are Monday through Friday, 8:00 am to 5:00 pm Eastern Time.
Exigent Formal Lawful Requests:
If you have a declared exigent circumstance as established by your agency’s guidelines, email CALEA_Request@LCUB.net with the word “Exigent” in the email subject line.
Exigent Requests Outside Normal Business Hours:
If you have a declared exigent circumstance as established by your agency’s guidelines, outside of our normal business hours contact (ExigentCALEA@LCUB.net). Written requests will be required; no action will be taken based on a verbal request.
Intercept Arrangements: LCUB is generally the optimal point for intercept arrangements as we carry all traffic relating to a telephone number across our network, but it may be necessary to engage our
3rd Party Voice provider. If you believe that we are the appropriate location for your register/intercept, please first contact (CALEA_Request@LCUB.net) for assistance. Upon receipt of an order or warrant directing LCUB to establish an intercept arrangement and following verification of the Submitting Agency’s understanding of the limitations as described herein, LCUB will notify applicable third-party vendors, who will then contact the Submitting Agency directly to arrange for implementation, where applicable. The applicable third-party vendor is NOT authorized to accept service of a Legal Demand on behalf of LCUB.
Note: LCUB is a VoIP Service Provider and not a wireless carrier; therefore, there is no pingable, GPS, or cell site location information native to our Service Provider customers’ numbers and therefore not available from us.
LCUB reserves the right to modify this CALEA Policy at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.
Effective: 05/01/2024
Subscriber Proprietary Network Information (CPNI) Policy
Lenoir City Utilities Board Subscriber Notification
Lenoir City Utilities Board (“LCUB” or the “Company”) is committed to maintaining the privacy of all its Subscribers. In addition to protecting your personal information, as outlined in the Company’s Privacy Policy, we are obligated to provide additional protection to certain information about how you use your LCUB services.
CPNI Protections:
As a Subscriber to our telephone and/or broadband services (“Services”), you have the right, and the Company has a duty, under federal law, to protect your privacy, your data and the confidentiality of certain types of service information, including: (1) information about the quantity, technical configuration, type, destination, location, and amount of your Service usage, and (2) information contained on your bill concerning the Services that you receive. That information, when matched to your name, address, and telephone number is known as “Subscriber Proprietary Network Information” or CPNI. Examples of CPNI include information typically available from usage related details on your monthly bill, technical information, type of service, current charges, calling patterns and website use and activities. CPNI does not include your name, address, and telephone number, as this is common publicly available information.
Giving Permission:
From time to time, LCUB would like to use the CPNI information to which it has access to provide you with information that may benefit you as a Subscriber. Information about our communications-related products and services or special promotions. Our use of CPNI may also enhance our ability to offer products and services tailored to your specific needs. Accordingly, we would like your permission so that we may use this CPNI to let you know about communications-related services to which you currently subscribe as well as those to which you do not currently subscribe. When you contact our Subscriber Service Center, we will ask for your permission to access your Service Account to better serve you.
You do have the right to restrict our use of your CPNI at any time. If you deny or restrict your permission for use of your CPNI, you will suffer no effect, now or in the future, on how we provide the services to which you subscribe. LCUB does not share or provide access to any CPNI to 3rd parties, independent contractors, or joint venture partners.
Subscriber Authentication:
Federal privacy rules require LCUB to authenticate the identity of its Subscribers prior to disclosing CPNI. Subscribers contacting our Subscriber Service Center can discuss their services and billings with a Company representative once that representative has verified the caller’s identity. There are three methods by which we will conduct Subscriber authentication so please be prepared with this information before calling the Subscriber Service Center:
- Account Name
- Full Account Number
- Full Service Address including zip code
- Optionally you may set up a password or PIN, see below
Passwords and/or PINs may not be any portion of the Subscriber’s social security number, mother’s maiden name, telephone number associated with the Subscriber’s account, or any pet name. In the event the Subscriber fails to remember their password and/or PIN, our Subscriber service representatives will ask the Subscriber a series of questions known only to the Subscriber and Company, i.e., Security Questions to authenticate the Subscriber. In such an instance, the Subscriber will then establish a new password/PIN associated with their account.
Notifications of Certain Account Changes
Company will be notifying Subscribers of certain account changes. For example, whenever an online account is created or changed, or a password or other form of authentication (such as a “security question and answer”) is created or changed, Company will notify the account holder by either the Email address that they provided or by mailing the notification to their address of record. Additionally, after an account has been established, when a Subscriber’s address (whether postal or email) changes or is added to an account, LCUB will also send a confirmation notification.
Disclosure of CPNI:
Company may disclose CPNI in the following circumstances:
- When the Subscriber has provided permission for the use of their CPNI,
- When disclosure is required by law or court order,
- To protect the rights and property of Company or to protect Subscribers and other carriers from fraudulent, abusive, or unlawful use of services,
- To provide the services to the Subscriber, including Subscriber reported trouble management, or
- To bill the Subscriber for services.
Protecting CPNI:
The Company uses numerous methods to protect your CPNI. This includes software enhancements that identify whether a Subscriber has approved use of their CPNI. Further, all Company employees are trained in how CPNI is to be protected and when it may or may not be disclosed. All marketing campaigns are reviewed by a Company supervisory committee to ensure that all such campaigns comply with applicable CPNI rules.
The Company will not release CPNI during Subscriber-initiated telephone contact without first authenticating the Subscriber’s identity in the manner set forth herein. Violation of this CPNI policy by any Company employee will result in disciplinary action as set forth in the Company Employee Manual.
Breach of CPNI Protections:
In the event the Company experiences a privacy breach and CPNI is disclosed to unauthorized persons, Federal rules require the Company to report such breaches to law enforcement. Specifically, the Company will notify law enforcement no later than seven (7) business days after a reasonable determination that such breach has occurred by sending electronic notification through a central reporting facility to the United States Secret Service and the FBI. A link to the reporting facility can be found at: https://www.cpnireporting.gov . The Company cannot inform its Subscribers of the CPNI breach until at least seven (7) days after notification has been sent to law enforcement, unless the law enforcement agent instructs the carrier to postpone disclosure pending investigation. Additionally, the Company is required to maintain records of any discovered breaches, including the date that the breach was discovered, the date carriers notified law enforcement and copies of the notifications to law enforcement, a detailed description of the CPNI breach, including the circumstances of the breach, and law enforcement’s response (if any) to the reported breach. The Company will retain these records for a period of no less than two (2) years.
Notification of Changes to Our CPNI Policy:
LCUB reserves the right to modify this CPNI Policy at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.
Effective: 05/01/2024