Network Management Practices Policy Disclosure Pursuant to the Federal Communications Commission’s Restoring Internet Freedom Declaratory Rules, Report and Order and Order, Accipiter Communications Inc. d/b/a Zona Communications (“Provider”) policies regarding network management practices, performance characteristics, and commercial terms are provided in entirety so that Provider’s current customers, 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 customers, 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 customers. By engaging in reasonable and responsible network management, Provider uses its best efforts to deter its customers 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 It is possible that a relatively small number of customers may place a disproportionate demand on the network bandwidth resources, causing network congestion and an overall degradation in service quality for other end users. For this reason, if Provider’s network nears a state of congestion, Provider will use congestion management practices to ensure all of Provider’s customers retain access to a “fair share” of bandwidth resources. When Provider’s network nears a state of congestion, the congestion management tools, practices and/or software employed by Provider will identify segments of the Provider network which have a predetermined, aggregated level of bandwidth usage. From there, the congestion management tools will ascertain which customer account in the identified network segment is using a disproportionate share of the bandwidth. The Internet traffic of the identified customer account may be temporarily managed until the period of network congestion passes. Customers whose Internet traffic is temporarily managed by Provider will still be able to do anything they want online, and many activities will be unaffected; however, These customers may experience slower downloads and uploads and Internet/website response times.
The congestion management practices utilized by Provider are “protocol-agnostic” meaning that the network does not manage congestion based on the online activities, protocols or applications a customer uses. Rather, Provider’s congestion management practices focus only on the heaviest bandwidth users in real time. Application-Specific Behavior Provider does not make use of any application-specific network management practices. Provider does not favor, modify, inhibit, rate control or block any specific protocols, protocol ports or fields, or any applications or classes of applications. 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. 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 and policies to protect our customers from spam, phishing, and other 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 customers, or customers may be permitted to identify or inspect content to determine if it is harmful or unwanted. Performance Characteristics Provider offers broadband Internet access service via fiber-to-the-home (FTTH) and digital subscriber line (DSL). 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 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, and other Internet traffic. Based on internal testing, a customer with an adequately equipped broadband device should be able to regularly achieve at least 80% of the subscribed broadband rate at any time of the day or night. 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. Commercial Terms
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 à la carte alternatives. To see Provider’s current promotions and pricing on broadband Internet access service, please visit our website (www.zonacommunications.com), or call 623-455-4555 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.