Internet Transparency Statement of Outer Reach Broadband
Since 2010, the Federal Communications Commission (“FCC”) has issued a series of orders and rules to preserve the internet as an open platform. These original transparency rules went into effect on November 20, 2011 to “publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices.” In July 2014, the FCC Enforcement Decision issued a further Advisory Guidance clarifying that a provider’s advertising claims must match its posted disclosure statement. On December 14, 2017, the FCC issued its Restoring Internet Freedom Order re-categorizing broadband internet services as information services covered by Title I of the Telecommunications Act of 1996 and clarifying the requirements for a provider’s “Internet Transparency Statement.” The following rule summarizes the FCC’s requirements:
Any person providing broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain Internet offerings. Such disclosure shall be made via a publicly available, easily accessible website or through transmittal to the Commission. FCC Restoring Internet Freedom Order at par. 215
The FCC’s rules require internet service providers to disclose the following practices:
- Transparency. Fixed and mobile broadband providers must disclose the reasonable network management practices, performance characteristics, and terms and conditions of their broadband services;
- Blocking. Any practice (other than reasonable network management elsewhere disclosed) that blocks or otherwise prevents end user access to lawful content, applications, service, or non-harmful devices, including a description of what is blocked.
- Throttling. Any practice (other than reasonable network management elsewhere disclosed) that degrades or impairs access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device, including a description of what is throttled.
- Affiliated Prioritization. Any practice that directly or indirectly favors some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit an affiliate, including identification of the affiliate.
- Paid Prioritization. Any practice that directly or indirectly favors some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
- Congestion Management. Descriptions of congestion management practices, if any. These descriptions should include the types of traffic subject to the practices; the purposes served by the practices; the practices’ effects on end users’ experience; criteria used in practices, such as indicators of congestion that trigger a practice, including any usage limits triggering the practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.
- Application-Specific Behavior. Whether and why the internet service provider blocks or rate-controls specific protocols or protocol ports, modifies protocol fields in ways not prescribed by the protocol standard, or otherwise inhibits or favors certain applications or classes of applications.
- Device Attachment Rules. Any restrictions on the types of devices and any approval procedures for devices to connect to the network.
- Security. Any practices used to ensure end-user security or security of the network, including types of triggering conditions that cause a mechanism to be invoked (but excluding information that could reasonably be used to circumvent network security).
Blocking and Prioritization
Blocking: ISP does not block lawful content, applications, services, or non-harmful devices.
Throttling: ISP does not throttle lawful content, applications, services, or non-harmful devices.
Affiliated Prioritization: ISP does not prioritize its or its affiliates services over any others subscribed to or chosen by its customers.
ISP is a net neutral provider of broadband internet services and all associated services provided over the user’s internet connection. ISP does engage in congestion management to ensure the best user experience across its customer base and those are described below.
Traffic subject to congestion management practices:
All traffic is treated equally and subject to congestion management practices regardless of content or service.
Purposes served by congestion management practices:
To provide all customers reliable internet access during peak usage hours.
Criteria used in determining congestion management practices:
Usage limits, tiers and their related costs can be found at www.outerreachbroadband.com.
Application-Specific Behavior: ISP does not block internet traffic regardless of protocols, applications, ports, or devices except to protect the network and customers.
Device Attachment Rules: ISP has no restrictions on types of devices attached to its network.
Security: ISP uses various tools and methods to protect the security of its network and, in turn, its customers. ISP has implemented several network-based security tools designed to identify and block malicious activity. ISP monitors for unusual login, firewall, and other specific malicious network activity on its network. ISP employs various practices which include temporarily blocking certain traffic if malicious activity is detected, if traffic volumes exceed certain baseline metrics, if the source of the traffic is potentially harmful to its customers, or if traffic is known to be associated with illegal behavior. ISP may block specific ports, internet protocol addresses, and cancel or suspend customer accounts used to host malicious websites, send phishers or spam, launch malicious attacks, or attempt to steal customer information. In order to maintain the integrity of its network and security programs, ISP does not disclose the specific details about its security tools and methods.
Disruptions: ISP does not guarantee uninterrupted service. ISP will not and cannot be responsible for any disruption of service due to power outages, equipment malfunctions, customer-induced issues, or any natural or unnatural causes beyond ISP control. ISP will make every reasonable effort to restore service as quickly as possible. ISP does not guarantee a refund or service credit for loss of service. The Subscriber acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service.
ISPs must disclose the following network performance characteristics:
ISP provides fiber and fixed wireless broadband service using fiber backhaul and unlicensed frequencies. In some cases, broadband service is delivered via a network of access points and backhaul radios installed on various towers that connect to ISP’s internet access equipment and redundant transport paths. Customer premise equipment sends and receives internet from the access point on the tower.
Access Speed and Latency:
All ISP service offerings are described as “best-effort” and are not guaranteed. Actual bandwidth availability for any customer may vary depending on peak usage times, access point capacity, and customer owned equipment.
Latency on ISP’s wireless network is well below 100ms at all times with normal ranges between 30-40 ms. Latency is dependent on the type and number of customer owned equipment, peak usage times, and temporary external interference.
ISP’s fiber and fixed wireless broadband services are suitable for real time applications such as Gaming, remote desktop, VPN, etc.
Impact of Specialized Services: Not applicable.
Impact of Non-Broadband Internet Access Service Data Services: None.
Internet service providers must disclose the commercial terms of their broadband Internet access service including those listed below.
Pricing: Outer Reach will only install Internet service after our technicians have determined that the signal quality is adequate. Service availability is subject to signal quality, terrain, physical obstruction, and local interference. Service tiers and their related costs can be found at www.outerreachbroadband.com.
Terms of Payment: All service charges are billable in advance and due upon receipt. A late charge of 5% of the unpaid balance or a minimum of $5.00 will be charged on all accounts not paid by the 10th of the current month. If payments are not received by the 25th of the month, ISP may suspend service without further notice. Restoration of service shall be subject to payment by the subscriber of all amounts in arrears plus a $25.00 reconnect fee.
Early Termination Fee: To cancel service prior to the end of this agreement term, the subscriber must provide ISP 30 days advance notice of cancellation. ISP reserves the right to charge a $150 early cancellation fee. Should the service degrade beyond ISP’s control and ISP is unable to restore service, then ISP will waive the contract and will not charge an early termination fee. All installation and past service fees are non-refundable.
Taxes, fees, & other assessments: Subscriber is fully responsible for all federal, state and local taxes, fees, surcharges, and other assessments that are imposed on the services and equipment. This Agreement sets forth the entire agreement of the parties and may be amended only in writing signed by the party to be bound thereby. Failure to pay any charge due ISP or to return ISP’s equipment shall entitle ISP to take legal action to recover the same, and Subscriber will be liable for and shall pay ISP (i) all expenses incurred in connection with collection of all amounts in arrears and (ii) reasonable attorney fees of 25% of the balance owed to ISP.
If a customer believes that this Internet Transparency Statements terms are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints following these instructions at the following address: https://consumercomplaints.fcc.gov/hc/en-us/articles/115002206106. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.
These internet transparency rules, as adopted 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 the company, rights holders, and end users. Furthermore, these rules do not prohibit the company from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. Moreover, ISP reserves the right to cooperate with law enforcement investigations upon proper legal notice and procedures. For additional information, please review the Acceptable Use Policy located at https://outerreachbroadband.com/acceptable-use-policy/.