The FCC’s rules focus on three 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

SmartBurst manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers.

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Active Queue Management

SmartBurst extracts key performance metrics such as packet loss, TCP Round-trip-time latency, jitter and throughput directly from the subscriber traffic in real-time and utilizes Active Queue Management (AQM) techniques, based on FQ-CoDel, to enforce subscriber plan limits. SmartBurst's Quality of Experience (QoE) provides per-flow fairness and prioritization which allows interactive flows like VoIP, gaming & DNS to get through smoothly without being affected by bulk flows like streaming video and large Windows downloads. We do not throttle specific applications or services. This ensures the best possible broadband Internet experience.

 

Device Attachment Rules

Any device connected to the SmartBurst network must conform to publicly available industry standards and be non-harmful to the SmartBurst network.  Residential subscribers may not run any type of server, including, but not limited to, DNS servers, mail servers, ftp servers, game servers or P2P servers.

 

Security

SmartBurst offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. SmartBurst uses industry standard tools and best practices and policies to protect our customers from spam, phishing, and other unwanted or harmful on-line content and activities. In the instances where these tools and policies identify on-line content as harmful or unwanted, the content may be prevent from reaching customers, or customers may be permitted to identify or inspect content to determine if it is harmful or unwanted.

 

Performance Characteristics

ISPs must disclose the following network performance characteristics:

 

Service Description

The advertised speed of SmartBurst’s Internet Service is the maximum speed achievable with the technology utilized by SmartBurst. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of SmartBurst’s Internet service offerings, including, but not limited to: the end user’s computer, modem or router, activity during peak usage periods, and other Internet traffic. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose or any warranties arising from course of dealing or usage of trade, no advice or information given by SmartBurst, its affiliates, its licensers, its contractors or their respective employees shall create a warranty. Neither SmartBurst nor its affiliates, its licensers, its contractors or their respective employees warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other malware and/or harmful components.

 

Impact of Specialized Services

SmartBurst does not offer any specialized services at this time such as VoIP or IPTV.

 

Commercial Terms

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

 

Pricing

In order to meet the usage and budgetary needs of all our customers, SmartBurst offers a wide selection of broadband Internet access plan options. To see SmartBurst’s current promotions and pricing on broadband Internet access service, please visit our website or call 940-239-0885

For additional information on SmartBurst’s fee schedule for additional network services, visit the SmartBurst website.

 

Privacy Policies

SmartBurst affords full access to all lawful content, services and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its Internet service users. However, SmartBurst reserves the right to monitor bandwidth, usage, transmissions and content for purpose of protecting the integrity of the network and SmartBurst’s Internet access service through reasonable network management practices.

SmartBurst may collect equipment information to identify the equipment customer is using on the network, including, but not limited to: equipment type, serial number, settings, configuration and software. SmartBurst may also collect performance information to examine the operation of the equipment, services and applications the customer may use on the network, URLs, data transmission rates and latencies, location information, security characteristics, and information about the amount of bandwidth and other network resources customer is using in connection with uploading, downloading or streaming data to and from the Internet.

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

SmartBurst is required to comply with relevant laws, regulations and judicial orders. Information covered under this Privacy Policy, as well as other categories of information, may be disclosed to third parties if SmartBurst determines, in its sole discretion, that such a disclosure is necessary or required. SmartBurst may also disclose this information if, in its sole discretion, such a disclosure is necessary or required to protect our interests or the interests of our customers.

The SmartBurst network management practices as discussed herein are intended solely to provide the best on-line experience possible for our customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful on-line content and activities. SmartBurst’s 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.

 

Redress Options

If you have questions regarding SmartBurst’s Network Management Practices Policy or would like to file a complaint with SmartBurst regarding its network management practices, please contact SmartBurst at:

SmartBurst
P.O. Box 677
Aubrey, TX 76227
 

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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:http://esupport.fcc.gov/complaints.htm. 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 SmartBurst’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 SmartBurst, rights holders, and end users.  Furthermore, the Open Internet Rules, as adopted, and SmartBurst’s Network Management Practices Policy do not prohibit SmartBurst from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.