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Subpoena, Call Trace, And Trap & Trace Policy

This Subpoena, Call Trace, and Trap & Trace Policy applies to all wholly-owned subsidiaries of Electric Lightwave Holdings, Inc., including Eschelon Telecom, Inc. and Electric Lightwave LLC (“Company”). The Company Privacy Policy provides that we will not release personally identifiable information, that is, information sufficient to identify a particular subscriber, including account and call record information, except under specific circumstances. The Privacy
Policy provides in part as follows:

Occasionally, Company may be required by law enforcement or judicial authorities or other legal process to provide information collected from its customers and web visitors. We will disclose such information upon receipt of a court order or subpoena, or as otherwise provided by law.

If you seek the identity of or account information about an Company customer in connection with a criminal or civil legal or investigative matter, you must serve Company with a valid subpoena, court order, or other valid law enforcement directive, at the address below, either in person or via facsimile transmission, or at our agent for service of process. You must also agree to compensate Company for our subpoena response services according to the terms of this policy and/or any applicable rule or law.

Subject to the restrictions on disclosure of information to customers set forth above, Company must provide Call Trace and/or Trap & Trace upon request from its customers or law enforcement agencies. The request must be in writing unless there is an emergency situation. An emergency situation is any situation wherein there is an imminent risk of substantial bodily harm, death, or abduction. If there is an emergency situation, Company may conduct the Call Trace or initiate the Trap & Trace procedures upon oral request, however, no records will be released prior to written confirmation verifying, to Company’s satisfaction, the identity of the requestor as a law enforcement officer. Under no circumstances will Company release any records to anyone other than a law enforcement officer.

If a Company customer requests or activates (through special dialing code) a Call Trace, Company must conduct the Call Trace for the customer. The customer must immediately notify Company Customer Care that a Call Trace has been activated. However, Company will not release the results of a Call Trace or a Trap & Trace effort to its customer. Company must refer all information captured by a Call Trace or Trap & Trace to the appropriate law enforcement agency and direct the customer to work directly with the law enforcement agency.

IF YOU ARE A CUSTOMER WITH AN EMERGENCY, DO NOT CALL COMPANY – CALL 911 IMMEDIATELY.

Service of Subpoenas and Other Legal or Law Enforcement Directives
All criminal or civil subpoenas served directly upon Company should be directed to the custodian of records listed below:

Custodian of Records
Electric Lightwave Holdings, Inc.
6160 Golden Hills Drive
Golden Valley, Minnesota 55416
Facsimile: 763-745-8459

Questions or requests for assistance should be directed to:
Kim Wagner, Legal & Regulatory Administrator, 763-745-8468 or kim.wagner@electriclightwave.com;

Notice to Subscribers
Unless prohibited by law, upon receipt of a valid civil subpoena, Company may notify the customer whose information is sought via facsimile or U.S. mail.

Fees for Subpoena Compliance
Company charges the following rates for compliance with civil and privately-defended criminal case subpoenas. We will invoice the person or entity submitting the subpoena following receipt. The subpoena proponent must make payment within 30 days from the date of receipt of our invoice. Checks should be made payable to Electric Lightwave Holdings, Inc. Company’s subpoena compliance fees and charges are as follows:

  • $75.00 for response including research time
  • $0.25 cents per copy
Updated on November 18, 2016

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