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Nsight / Cellcom Subpoena Compliance

PLEASE NOTE: This policy is for attorney use only. If you are a customer seeking records, you must contact our Customer Care Department at (800) 236-0055. Customer and private party requests will not be accepted by the legal department.

Nsight is pleased to announce a new process for legal requests. In this document, Nsight is used to refer to all Nsight and Cellcom companies. Please note that this policy applies to all of our subsidiaries, including the following entities:

Bayland Telephone, LLC
Borderland Communications, LLC
Brown County C-LEC, LLC
Cellcom
Lakefield Telephone Company, LLC

New-Cell, LLC
Nsight Telservices
Nsight
Northeast Communications of Wisconsin, Inc.
Niagara Telephone Company, LLC

Northeast Telephone Company, LLC
Nsight Tower Holdings, LLC
Net Lec, LLC
Nsighttel Wireless, LLC

 

General

It is Nsight's policy that we will not release account information or information sufficient to identify a subscriber except under certain specific circumstances. Nsight does not disclose individually-identifiable information about our customers, their accounts or service, to anyone outside of Nsight or its authorized vendors, contractors and agents, unless disclosure is required or permitted by law, required by court order, warrant or subpoena; requested by government officials with reasonable grounds to believe that the information is a communication of a computer trespasser; or deemed necessary by Nsight in its sole discretion to protect the safety, rights or property of Nsight or any other person or entity.

Service of Process

All legal requests need to be made by valid subpoena or court order and are required to be personally served. For convenience, subpoenas may be served at any one of our many locations, including our retail stores. Please note that these locations are not able to provide records in response to a legal request. All responses are generated by our legal department. Nsight reserves the right to refuse any subpoena which is not properly served.

Notice Requirement

Upon receipt of a valid legal request, it is our policy to notify our customer prior to making a disclosure. If our customer is represented by counsel, we will provide notice to counsel. To assist us in this effort and to shorten the response time, if the customer is represented by counsel, please provide the contact information for the customer's attorney along with your request. The customer will be provided with fourteen days in which to file a motion to quash the subpoena or vacate the court order. Following the expiration of the fourteen day time period, Nsight will disclose the requested information unless we receive a court order instructing us not to disclose such information or limiting what we may disclose. Nsight requires a minimum 20 days to respond to legal requests due to the notice requirement. Please note any requested deadlines in the legal request.

Legal Requests

All requests should include the contact name, phone number and secure return email address to ensure prompt response. It is our policy to respond to all requests via email. It is our goal to comply with all requests in a timely and accurate manner.

Appropriate legal requests should include the specific information requested, instructing Nsight to furnish the same. It should provide the name of the subscriber. It must include the telephone number of the subscriber. The request should cite the specific dates for which information is requested. Please refrain from using the phrase "through the present time" and instead use an ending date. Also, please do not request "all records." Please be specific as to which records you are requesting. Narrow your timeframe as much as possible. Please note that certain information is only available for a limited retention period.

Inquiries on legal requests may be directed to:

Telephone: (920) 617-6517
Fax: (920) 617-5721
Email: legal@nsight.com

Address:
Nsight-Legal Dept.
450 Security Blvd.
Green Bay, WI 54313

Legal Authority

Nsight's ability to disclose subscriber information and records is governed by Federal and State law, primarily 18 U.S.C. §2701, et. seq., and the applicable Wisconsin Statutes. The Stored Communications Act prohibits an electronic service provider from producing the contents of electronic communications, (e.g. text message content) except for in limited circumstances, even where there is a legal request. Courts have uniformly held that the Stored Communications Act does not authorize private parties to compel production of the content of a user's electronic communications from a provider via discovery demands. Non-governmental entities may not obtain the content of communications with a civil discovery demand.

Trial Testimony

Nsight encourages the use of Affidavits or Certifications in order to avoid testimony by our personnel. We appreciate your efforts in assisting us in this process. If personal appearance cannot be avoided, we require a minimum 2 week notice. We may not be able to accommodate requests providing less than the 2 week notice. In addition to a Subpoena, statutory witness fees and costs must be paid prior to employee attendance at trial. Additional related expenses must be reimbursed following completion of the testimony and we require a signed reimbursement agreement to be provided prior to testimony.

In lieu of personal appearance at trial or deposition at a remote location, records depositions may be conducted at our corporate office, located at the address above. As with personal appearance, statutory witness fees and costs must be paid prior to the records deposition. However, we strongly discourage any testimony by our employees if the same means can be accomplished through an Affidavit or Certification.

Fees

Nsight has the right to charge a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored. For intensive record requests, or those which require the retainer of outside facilities to compile the requested information, the charges will be higher. We will seek a cost reimbursement agreement with your office prior to processing any such request. Our fees are set in accordance with Federal and State laws.