Intrepid Fiber Network Policies concerning the Digital Millennium Copyright Act of 1998 (DMCA)

BIF IV Intrepid HoldCo LLC operating with the FCC-registered brand name Intrepid Fiber Networks (IFN) is a fiber network service provider providing wholesale network access to Retail Service Providers (RSPs) selling Internet service to consumers.

The Digital Millennium Copyright Act (“DMCA”), signed into law on October 28, 1998, amended the United States Copyright Act, Title 17 of the U.S. Code, to provide in part certain limitations on the liability of online service providers (“OSPs”) for copyright infringement. Subsection 512(c) of the Copyright Act provides limitations on service provider liability for storage, at the direction of a user, of copyrighted material residing on a system or network controlled or operated by or for the service provider, if, among other things, the service provider has designated an agent to receive notifications of claimed infringement by providing contact information to the Copyright Office and by posting such information on the service provider’s website in a location accessible to the public. In accordance with the DMCA, IFN has filed with the United States Copyright Office the necessary agent of notification information. The DMCA permits copyright owners to notify IFN if they believe a RSP’s customer on the IFN network has infringed their work(s). When IFN receives a notice from a copyright owner and the reported customer is readily identifiable, IFN will notify the RSP of the identified customer of the alleged infringement claim by providing them a copy of the notice. IFN responds expeditiously to notices of claimed copyright infringement and will work in partnership with RSPs on the IFN network take the necessary steps to terminate users or account holders who are “repeat infringers” as required by law.

Procedure for Submitting Claims

IFN has registered a designated agent to receive notices of claimed copyright infringement with the U.S. Copyright Office. Under DMCA, copyright owners have the right to notify IFN if they believe a RSP’s customer on the IFN network has infringed the copyright owner’s work(s). If you believe a RSP’s customer on the IFN network has utilized your work that constitutes copyright infringement, you may file a Notification of Claimed Infringement with IFN’s designated copyright agent. DMCA provides the following procedure for parties to follow who wish to file a Notification of Claimed Infringement with IFN.

Send your Notification of Claimed Infringement regarding a RSP’s customer on the IFN network to:

Attn: Office of the CTO
BIF IV Intrepid HoldCo LLC
11001 W 120th Ave #305
Broomfield, CO 80021

Telephone Number: 720-727-9224 
E-mail Address: dmca@intrepidfiber.com

 

Valid Claims

To be effective under DMCA, the Notification of Claimed Infringement must be provided in writing
to IFN’s designated copyright agent and must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright.
  • Identification of the copyrighted work or works claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the infringing IP address, time, date, and the time zone.
  • Information reasonably sufficient to permit the customer’s RSP to contact the complaining party (e.g., the address, telephone number, or email address).
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Acknowledgement of Claims

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information to constitute a valid claim, IFN will notify the customer’s RSP of the alleged infringement and the RSP will remove or disable access to the material that is alleged to be infringing. No personally identifiable information or customer information is shared with the copyright owner unless required by law. If IFN receives more than one Notice of Copyright Infringement on the RSP’s customer, the RSP’s customer may be deemed a repeat copyright infringer. IFN in conjunction with the RSP reserves the right to terminate the accounts of repeat copyright infringers pursuant to the terms of its stated DMCA policy.

Note to Claimants and Agents

  • IFN employs Carrier Grade Network Address Translation in the management of its network.
  • Complaints that are received and where customers cannot readily be identified will be discarded.
  • Complaints sent to any addresses other than the specified addresses in our filing with the US Copyright Office or our DMCA Policy will be discarded.