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Open Internet Disclosure

Open Internet Disclosure/Fair Usage Policy

NE Colorado Cellular, Inc. d/b/a Viaero Wireless ("Viaero") is committed to providing all of its consumers with the best online experience possible. Viaero does not block end users from accessing lawful websites, (subject to reasonable network management, discussed below), nor do we block applications that compete with our voice or video telephony services, subject to reasonable network management.

Acceptable Uses

Viaero permits use of broadband services for browsing the Internet (via Viaero phones or devices, including Viaero home routers), using email, downloading legally permissible content via the Internet, accessing and using corporate email and/or corporate business applications associated with its consumers places of employment.

Viaero prohibits any use that adversely or excessively interferes with one or more other consumer’s use of the Home Network, including but not limited to the following purposes: (a) certain server or remote application operations or peer-to-peer ("P2P") file sharing; (b) substitutes or backups requiring full-time or dedicated data connections; (c) automated or manual routines which generate excessive amounts of network traffic; (d) sending or facilitating the sending of unsolicited bulk email; (e) software or other device operations that maintain continuous active Internet connections when a connection would otherwise be idle; or (f) redirecting television signals for remote viewing on a computer, as that term is defined in title 18, section 1030 (e)(1) of the United States Code ("Computer").

Viaero Wireless currently defines excessive use as any single line of service that exceeds the amount and type of data purchased by that consumer during each billing cycle or rolling usage period. Exceeding the amount or type of data purchased by a consumer in any given billing cycle will result in excessive use charges (overages) being applied to the Subscribers bill and/or a reduction in data speed.

Performance Characteristics

Many factors affect the speed and performance that consumers experience, including the programs running on the device, proximity to a cell site, the capacity of the cell site, the surrounding terrain, use inside a building or moving vehicle, radio frequency interference, how many other consumers are attempting to use the same spectrum resources, the high-speed data allotment and other features of your data plan, or data use by an Unlimited high-speed data consumer that is excessive compared to the average consumer.

Consumer devices also have varying speed capabilities and may connect to different networks depending on technology. Network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, and other conditions may impact speeds and service availability.

Speed

The term “speed” is commonly used to describe the rate at which a particular broadband Internet access service can transmit data. This rate is typically measured in the number of kilobits or megabits transmitted in one second (Kbps or Mbps). Some applications like email or basic web browsing do not require high-speed data to function optimally, while other activities like video streaming and transferring large data files may require higher data speeds.

Based on our internal testing and specifications from manufacturers and subject to the notes below, we expect approximately the following speeds on our Home Network**:

LTE network: typical download speeds in excess of 6 Mbps and upload speeds in excess of 2 Mbps.

3G (HSPA+/UMTS) network: typical download speeds in excess of 2 Mbps and upload speeds in excess of 250 Kbps.

For LTE and 3G coverage information, see our coverage maps at www.viaero.com or visit your local Viaero retail store.

**Your LTE speed range will depend on your device as well as the factors described above. Subject to your data plan and network management, consumers using an LTE device within the LTE coverage area can expect to get LTE speeds. Consumers using a 3G device within the 3G coverage area can expect to get 3G speeds. Consumers with LTE devices may access the 3G network where it’s available.
**Your speed range will also depend on the high-speed data allotments associated with the data plan you have selected.

Latency

Latency is usually expressed as the round-trip time in milliseconds (“ms”) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application's performance, while other applications, such as real-time video conferencing and Voice over IP services, require lower latency to function properly.

With respect to latency for use of real-time data applications, Viaero expects round trip network to device latency to be approximately 35 – 90 ms on its LTE network and 100-450 ms on its 3G network.

Network Management

We engineer our network to provide consistent high-speed data service, but at times and at locations where the number of consumers using the network exceeds available network resources, consumers may experience reduced data speeds. To provide the best possible experience for the most possible consumers, we implement network management practices, such as caching data, prioritizing data usage, and using video optimization technology, all on a content neutral basis.

Viaero may deploy streaming video optimization technology throughout its network. This technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves reliability and allows users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on a user’s device.

Our plans have different data allotments chosen by the consumer. Unlimited data consumers do not have a specific data allotment. Some network management of Unlimited plans is required because very heavy data usage by consumers at times and places of competing network demands can affect network performance for all consumers.

To provide the best possible experience for the most possible consumers, and to minimize capacity issues and degradation in network performance, when the Home Network, or any portion thereof becomes congested, any consumers in the affected area will experience slower speeds without regard to prioritization. Consumers who use data in violation of their plan or Viaero’s Terms and Conditions may experience slower data speeds, and may restrict your data session, suspend your service, or terminate your service.

The Unlimited data plans are intended for use on mobile devices; however, they may be used for smartphone mobile hot spot (tethering). After the daily limit of mobile hot spot or tethering data is used, tethering speed is slowed for the rest of that day. Depending on the capability of your device, tethering your device to other lawful devices is permitted pursuant to the terms, conditions and allotments of your Data Plan, provided, however, the data is to be used for the consumer and not provided to any third parties. Data used through a consumer’s device by third parties will only be traceable to the consumer’s device, and as such consumer’s data allotments will be reached sooner, possibly resulting in overages or slower speeds. Our fixed wireless Unlimited data plans are not subject to the limitations in this paragraph, but are still subject to Network Management practices.

Subject to Network Management practices, Viaero does not block or throttle legal content, services, devices or applications, and is content/application neutral.We do not engage in paid prioritization of any content, nor do we regulate our network on the basis of content.

Device Restrictions

All phones and devices that connect consumers to Viaero’s network must be compatible with Viaero’s network (due to network parameters in the device). Please contact Customer Care at 1-877-4-VIAERO (484-2376) to learn more about the many specific devices that are approved for use on Viaero’s network. Devices not approved by Viaero for use on our network, which are found to cause network interference or degradation to the service of others, may be terminated or suspended.

Security Measures

Viaero does not block data or applications for access by consumers. This includes potentially harmful malware/spyware/viruses. Consumers are advised to utilize their own internet security software to mitigate risks.

Contact Information

Consumers may access our Pricing and Privacy policies on our website at: http://www.viaero.com/legal/privacy. Customer Service is available via the Viaero website http://www.viaero.com, at retail and service centers, or by calling 1-877-4-VIAERO (484-2376)