Network Management Practices Policy

Pursuant to the Federal Communications Commission’s newly enacted Open Internet Rules found in Part 8 of Title 47 of the Code of Federal Regulations, the policies of FiberComm and SiouxLan Communications (collectively, “Provider”) regarding network management practices, performance characteristics, and commercial terms are provided in entirety so that Provider’s current customers and/or end-users, prospective customers, third-party content providers and other interested parties can make informed choices regarding the broadband Internet access services offered by Provider, and the extent Provider’s network management practices may affect those services.

Network Management Practices: In the interest of providing the best online experience possible for all of Provider’s end-users, Provider utilizes reasonable network management practices tailored to achieve legitimate network management purposes. Because bandwidth is a limited resource for broadband Internet service providers, it is essential that Provider reasonably manages its network to promote the use and enjoyment of the Internet by all of Provider’s end-users. By engaging in reasonable and responsible network management, Provider prevents its end-users from being subjected to the negative effects of spam, viruses, security attacks, network congestion, and other risks that threaten to degrade service. The network management practices employed by Provider are consistent with industry standards.

Congestion Management: Provider does not generally employ any congestion management tools, practices and/or software on network traffic. However, to ensure maximum bandwidth availability for all wireless broadband customers, Provider utilizes an Allot NetEnforcer AC-1400 to identify peer-to-peer (P2P) file-sharing applications and limit those applications to 128 Kbps for both upstream and downstream transfers for users of Provider’s licensed fixed wireless technology Internet service. At this time, the P2P traffic limitations do not currently apply to Provider’s Internet service offered via other technology platforms.

Application-Specific Behavior: Provider does not modify protocol fields in ways not prescribed by the protocol standard. Provider does not favor or inhibit any applications or classes of applications. For peer-to-peer (P2P) file-sharing applications, users of Provider’s Internet service delivered by way of licensed fixed wireless technology will be limited to 128 Kbps for upstream and downstream activity. These restrictions do not currently apply to Provider’s Internet service offered via other technology platforms.

Device Attachment Rules: In order for a device to be approved for use on the Provider’s network, the device must conform to publicly available industry standards and be non-harmful to Provider’s network. Provider may limit the number of active devices connected to Provider’s network per end-user using a Media Access Control (“MAC”) address.

Security: Provider offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. Provider uses industry standard tools and generally accepted best practices, including secure virtual local area networks and firewalls to protect our customers from unwanted or harmful online content and activities. In the instances where these tools and policies identify online content as harmful or unwanted, the content may be prevented from reaching end-users, or end-users may be permitted to identify or inspect content to determine if it is harmful or unwanted. Provider’s security measures are triggered upon notification that a host IP may be infected with a Trojan, virus, or worm, or that a malicious user may be on the network from either MediaSentry or Provider’s backbone vendor. End-user equipment supplied by Provider is password-secured and specific to each individual end user account. Provider’s email service is monitored for spam, viruses and phishing. For additional security protection, Provider encourages end-users to install additional Internet security methods, such as firewalls and antivirus software. The security measures employed by Provider to prevent the spread of viruses, malware, spam, harmful and unwanted content or other threats to consumers are intended solely to protect the reliability and safety of Provider’s network and do not prevent end-users from running certain applications.

Performance Characteristics: Provider offers broadband Internet access service via Ethernet, Digital Signal 1 (“DS1”), Asymmetric Digital Subscriber Line (“ADSL”), Very-high-bit-rate Digital Subscriber Line (“VDSL”), and fixed wireless broadband technologies. Ethernet is a high-speed data service that provides end-to-end transmission using Ethernet packet technology. DS1 is a widely used standard in telecommunications to transmit voice and data services between devices. ADSL is a type of DSL broadband communications technology used for connecting to the Internet. ADSL allows more data to be sent over existing copper telephone lines when compared to traditional modem lines. A special filter, called a microfilter, is installed on a subscriber’s telephone line to allow both ADSL and regular voice (telephone) services to be used at the same time. Similar to ADSL, VDSL is another type of DSL broadband communications transmission technology that transmits data faster over last mile facilities already installed to homes and businesses. Fixed wireless broadband Internet service uses radio technology in place of existing telephone or cable lines. The technology utilized to provide broadband Internet access service to an individual customer will be dependent upon the customer’s address as the Provider does not offer all technologies to all locations in the network.

The advertised speed of Provider’s Internet service is the maximum speed achievable with the technology utilized by Provider. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of Provider’s Internet service offerings, including, but not limited to: the service tier subscribed to, the distance of the consumer’s home or office from Provider’s central office (i.e., the further away the customer is from the central office, the slower the broadband speed), the end user’s computer, modem or router, activity during peak usage periods, other Internet and network traffic, foliage and weather conditions.

Based on internal testing using Provider’s Allot NetEnforcer AC-1400, the expected actual upload and download speeds typically will be the advertised speeds plus or minus 25% during peak usage periods (i.e., between 7:00 p.m. and 11:00 p.m. on weeknights). Latency on Provider’s network falls within industry standards.

The actual speeds achieved with Provider’s Internet service offering make Provider’s Internet service suitable for real-time applications, such as Voice over Internet Protocol (“VoIP”). Provider does not offer any specialized services.

Pricing: In order to meet the usage and budgetary needs of all of our customers, Provider offers a wide selection of broadband Internet access plan options, including promotional offerings, bundled service choices, and ala carte alternatives. To learn more about Provider’s current promotions and pricing on broadband Internet access service, please visit our website www.fibercomm.net or call 712-224-2020 to speak with a customer service representative.

Early Termination Fees: If a customer previously entered into a service agreement with Provider for broadband Internet access service for a defined service term, and customer desires to terminate the service agreement prior to the expiration of that term, Provider may charge a reasonable early termination fee if such fee is clearly indicated in the service agreement.

Usage-Based Fees Provider’s Internet service is priced on a flat-fee basis (plus taxes). Provider does not charge end users a usage-based fee for Internet service.

For additional information on Provider’s fee schedule for additional network services, visit the Provider’s website at www.fibercomm.net or call 712-224-2020 to speak with a customer service representative.

Privacy Policy: Pursuant to Provider’s Terms & Conditions, Internet services may only be used for lawful purposes. End-users are prohibited from transmitting on or through any of our services, any material that is, in Provider’s sole discretion, unlawful, obscene, threatening, abusive, libelous, hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material from its servers. End-users may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the end-user is not expressly authorized to access, or probing the security of other networks. End-user may not attempt to interfere with service to any user, host, or network. This includes, but is not limited to, deliberate attempts to overload a service & attempts to crash a host. End-users may not use any kind of program, script, command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet. Users who violate systems or network security may incur criminal or civil liability. Provider will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Forging of header information is not permitted. Distribution or downloading of restricted software or materials in violation of copyrights or distribution licenses is prohibited.

To protect the integrity of the network, Provider does engage in the inspection and monitoring of network activity. Provider utilizes its Allot NetEnforcer AC-1400 to obtain reports on total bandwidth utilization by backbone provider, most active protocols, most active end-users by protocol, and most active end-users by bandwidth.Provider is required to comply with relevant laws, regulations and governmental requests. Pursuant to its Terms & Conditions,Provider will respond and act accordingly to notifications regarding copyright infringement downloads. As part of its network management practices, Provider does not distribute information on network activity and/or traffic to any third party, or use network traffic information for any non-network management purpose.

Network traffic, activity, performance information, and equipment information monitored or collected by Provider is done so for the sole purpose of reasonable network management purposes.

Contact Us: The network management practices of FiberComm and SiouxLan Communications as discussed herein are intended solely to provide the best online experience possible for all of our customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful online content and activities. Our network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic. End users with questions, concerns or complaints regarding our network management practices are encouraged to contact us for issue resolution. If you have any questions regarding our Network Management Practices Policy or would like to file a complaint with us regarding our network management practices, please contact us at:

FiberComm
Physical Address: 1605 9th St., Sioux City, IA 51101
Mailing Address: PO Box 416, Sioux City, IA 51102
Telephone Number: 712-224-2020 (toll free: 800-836-2472)
Fax Number: 712-224-8810
Email Address: customerservice@fibercomm.net
www.fibercomm.net

Further, if you believe that Provider is in violation of the FCC’s Open Internet Rules, you may file either an informal or formal complaint with the FCC.

http://esupport.fcc.gov/complaints.htm

Additional Disclaimers: The Open Internet Rules, as adopted, and Provider’s Network Management Practices Policy are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet access service providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of providers, rights holders, and end users. Furthermore, the Open Internet Rules, as adopted, and Provider’s Network Management Practices Policy do not prohibit Provider from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.