whoah!!!!! you've turned this over to industry but if there are predator practices you'll arbitrate (or intervene) if you have left then the FTC, FCC or Justice will "arbitrate" if the government is involved at all best for an industry association to arbitrate problems before they become predatory practice, a predatory practice is a government issue marty
IMHO - this is not my employers opinion - some guidelines might be in order. I suggest the following (excuse the style here - just trying to be as unambiguous as possible): . . . . . . NSF has made it clear that it does not want to be in the regulatory business. But if larger providers attempt unfair settlements something like this might be neccesary. Perhaps some other government entity might end up stepping in. We can only hope that things just work out or that NSF is at least asked for advise before any regulation is attempted.
NSF is not contemplating guidelines. We hope the industry will evolve something better than N**2. If predatory practice becomes evident, we'll be happy to arbitrate. If anti-competitive behavior emerges, we'll be happy to remind those disadvantaged of their rights under existing law.
-s