The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found at this link: http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/html/2011-24259.htm. All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service.

The FCC’s rules focus on four primary issues:

• Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services;
• No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful Web sites, or block applications that compete with their voice or video telephony services; and
• No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.
• Reasonable network management. ISPs may engage in reasonable network management to maintain a high quality of service for broadband Internet access.

Network Practices

ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

Congestion Management: The only current source of congestion on the Company’s network is at the wireless access points. Wireless customers connect to these access points. There is a finite amount of bandwidth available for each access point and the customers share this bandwidth. At peak usage time, the access point’s software load balances client sessions so that the same bandwidth is available for each customer served by that access point.

Application-Specific Behavior: Skywave reserves the right to implement network management practices to prevent harmful or illegal activity such as virus distribution or transfer of illegal content. The Company currently limits peer to peer file sharing applications. Depending on the type of service and location, quality of service controls may be in place to provide consistent performance to real time voice traffic. The Company prioritizes VoIP traffic to ensure that it can traverse the network without audio degradation.

Device Attachment Rules: Skywave allows connection via our CPE equipment only.

Security: Skywave employs industry standard security precautions in its network core. If Skywave detects suspicious, criminal, or abusive traffic, or activity that violates our acceptable use policy, we may temporarily block access to protect the security of the network and its customers. This may be triggered by a denial of service attack or by Skywave detecting an unusual amount of traffic that may be related to computers infected with malicious software viruses. If a customer believes that Skywave is blocking such traffic in error, the customer should contact the Company’s Internet technical support at (402) 372-1975. Skywave uses client isolation on our access points; however, it is the customers’ responsibility to maintain a firewall or similar appliance for security at their premises.

Performance Characteristics

ISPs must disclose the following network performance characteristics:

Service Description: Skywave’s legacy equipment is 2.4GHz 802.11b. Customers that are on this network have 256kbps speed plans. Expected speed is 100-256kbps depending on AP demand. Latency to core is 5-300ms depending on AP demand. This equipment is not suitable for real-time applications.

Skywave’s proprietary 2.4GHz and 5.7Ghz customers have 256kbps to 4096kbps speed plans. Expected speed is 100kbps to 4096kbps depending on AP demand. Latency to core is 5-30ms. This equipment is suitable for real-time applications.

Impact of Specialized Services: Skywave sells VoIP service. Customers that subscribe to VoIP and Internet service are assigned a CIR (Critical Information Rate) for the VoIP traffic and therefore will see a 100kbps decrease in bandwidth available for other Internet access when utilizing the VoIP service. This maintains the quality of the VoIP stream.

Commercial Terms

ISPs must disclose the commercial terms of its broadband Internet access service including those listed below.

Pricing:

256k Basic $37.95
256k Premium $32.95
1m Basic $47.95
1m Premium $42.95
4m Basic $57.95
4m Premium $52.95

Services are symmetrical. Skywave does not have termination fees for early termination. The Company does sell other plans for specialized services. These plans and prices are specific to customers that meet certain usage and term arrangements and noted in those individual contracts.

Privacy Policies: Skywave keeps historical connection data for up to 30 days for network management purposes. We use real-time protocol and connection monitoring hardware for network management. Messages will be deleted after the following intervals:

Trash – after 30 days;
Sent messages – after 180 days;
SPAM – after 90 days.

Skywave does not provide subscriber information to any third party
unless required by law to do so.

Redress Options: The Company will work with our customers to resolve any complaints. Customers can contact technical support at (402) 372-1975 with questions, service inquiries or service trouble.

FCC Notice

If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

Additional Disclaimers

The Open Internet Rules, as adopted, and these Open Internet Principles 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, the FCC’s Open Internet Rules, as adopted, and this company’s Open Internet Principles do not prohibit the company from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Acceptable Use Policy.