Network Management Disclosure and Usage Policy

Pursuant to the Open Internet Order issued by the Federal Communication Commission ("FCC"), Emery Telecommunications & Video, Inc., and Emery Telcom Video, LLC (collectively doing business as “Emery Telcom Internet, and Emery Telcom Wireless (collectively "Emery Telcom") are required to disclose Network Management practices in order to provide transparency to their customers. However, this disclosure is not meant to replace or alter any terms of service as provided in any contract or notices supplied by Emery Telcom. Specifically, the FCC rule states:

A person engaged in the provision of 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 for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.

These disclosures apply only to residential, and non-customized small business Internet Services. If you have any question whether the services you purchase or are considering purchasing from Emery Telcom are covered by this disclosure, please contact Emery Telcom at 435-748-2223.

Emery Telcom is committed to providing its Internet services as an open platform for economic growth, competition, entertainment, investment, and innovation. It does not block any lawful content, applications, services, or your use of non-harmful devices, or discriminate in transmitting lawful network traffic.

Network Practices

Core Network

Emery Telcom and its subsidiaries provide Internet services across various technologies including cellular, fixed wireless, copper telephone lines (DSL2+/VDSL), fiber to the premises, and coaxial cable. Each of these services is connected to a common MPLS core Internet Protocol Network. Such core is connected to redundant Internet access circuits obtained from carriers in Salt Lake City, Utah and/or Grand Junction, Colorado. The MPLS core also carries other services such as TDM circuits, Ethernet circuits, voice service, and video services. Priority across such MPLS core network is given for circuits and voice services; however, the MPLS core is sufficiently sized to prevent slowing of Internet under almost all circumstances. Customers over the various technologies are connected to common ports on core routers and equipment. The customers on each port share use of such port. Emery Telcom attempts to distribute its customers across the various ports in order to reduce overall bandwidth constraints. Emery Telcom does not have any control over other carriers beyond its core network.

On Premises Equipment

Emery Telcom provides modems or gateways to its customers. Emery Telcom does not allow customers to provide their own modems or gateways, because Emery Telcom uses these devises to monitor its network and to ensure quality service. Customers may place routers or other devices in their own network beyond the Emery Telcom provided router or gateway. If customers are using wireless networks beyond Emery Telcom’s equipment, Emery Telcom encourages its customers to secure the wireless networks. Such wireless networks are susceptible to outside usage, which may violate customers’ privacy, slow down customers’ usage of the Internet, or otherwise harm customers. Customers may call Emery Telcom for help in securing such wireless networks, but in no instance is Emery Telcom responsible for the security of such networks, even if such wireless network is across a router or modem provided by Emery Telcom. Customers use such networks at their own risk.

Internet Speeds

Emery Telcom markets and provides the speeds listed on its website found at www.emerytelcom.com. Emery Telcom uses its best effort to provide the purchased speeds. If Customers have issues with their speed, then they can call Emery Telcom for technical assistance at no charge. The following variables (which are often out of Emery Telcom’s control) can affect actual speeds experienced by customers:

1. Network Capacity. Emery Telcom purchases more than double its customer’s combined peak usage from carriers. It also ensures that there is capacity on its core and that ports are distributed to limit disruptions. Therefore, it is unlikely that slow speeds are a result of Emery Telcom’s network capacity.


2. Customer Equipment. Performance of a customer’s computer, including its age, processing capability, its software, the number of applications running simultaneously, and the presence of any spyware, viruses, etc.


3. Connection. Type of connection between a customer’s computer and modem and the distance of devices from customer’s computer.


4. Path. The distance, paths, and networks packets travel between a customer’s computer and their final destination on the Internet. Packets may travel across multiple and various providers and the limitations of those networks can affect the overall speed.


5. Congestion or Website Limitations. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be adversely affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently. Also, some websites limit speeds at which visitors can download from their sites.


6. Modem/Gateway. The performance of the modem may degrade over time. Sometimes the modem just needs to be restarted or have the software updated. Please contact Emery Telcom to discuss such issues and the possible solutions.


7. Network Overhead. The modem uses a portion of the bandwidth to handle network and overhead information. This is typically very minor and the connections are sized to eliminate most, if not all, slowing in relation to this issue.


8. Length of Lines or Distance from Antennas. The technologies used by Emery Telcom may be affected by distance or terrain. Emery Telcom will use its best effort to provide the ordered speeds. If such speeds are not possible, then the customer can call Emery Telcom and reduce the Customer’s package. However, if the customer is unable to obtain the full purchased speed, but wants and can obtain speeds above the next lower offering, then Customer must pay for the higher offering. Emery Telcom is not responsible for reimbursing customers for not providing purchased speeds.

Emery Telcom maintains a speed test server on its website at www.emerytelcom.com, which customers may use, but the issues above may affect the results.

Many factors may affect Emery Telcom’s network. Emery Telcom will use its best effort to keep its network operational. However, the network might experience problems or may not be available. Emery Telcom is not liable to its customers in such circumstances.

Usage of Network

Emery Telcom is responsible for providing quality service to all of its customers. Therefore, Emery Telcom reserves the right at any time to adjust rates and prices upon notice to its customers. Further, Emery Telcom reserves the right to limit service to any customer that Emery Telcom determines in its sole discretion is negatively affecting Emery Telcom’s network or other customers. Emery Telcom may take corrective actions (including but not limited to termination of service) for customers who have violated any term of use or have engaged in practices that could harm the network or other customers’ utilization of Emery Telcom’s services. Further, use of Emery Telcom’s network for illegal or inappropriate actions is prohibited. Emery Telcom may provide customer information to appropriate legal authorities as direct by law or in the case of copyright infringement to those violated as directed legally upon notice to the customer.

Otherwise, Emery Telcom does not engage in any network management practices, target specific types of traffic based on their technology or their provider, modify protocol fields in ways not prescribed by the protocol standard, inhibit or favor certain applications or classes of applications, or block or manage any specific protocols or protocol ports. However, Emery Telcom may block port 25 traffic if it determines that it threatens the overall use of its network.

If you have any questions about this policy, then please contact Emery Telcom at 435-748-2223.