John R. Guzzo LLC dba as Hudson Valley Wireless (“HVW”, “we,” “our,” or “us”) is a provider of Broadband Internet Access. We are committed to providing our services as an open platform for innovation, investments, job creation, economic growth, and free expression. HVW is committed to an open Internet and supports the following Net Neutrality principles:
• NO Blocking of Internet content, subject to reasonable network management as described below
• NO Throttling of Internet content, subject to reasonable network management as described below
• NO Unreasonable Discrimination
• NO Paid Prioritization of Internet content
• Freedom of Subscriber to access lawful content
• Freedom of Subscriber to use non-harmful applications of their choice
• Freedom of Subscriber to attach non-harmful personal devices
• Freedom of Subscriber to customize the experience based on selected plans
This Open Internet Policy sets forth certain information regarding the policies and practices of HVW and how we manage our network for broadband Internet access service (the “HVW Network”). This Open Internet Compliance Statement is a supplement to and is incorporated by reference in our Master Services Agreement (“Service Agreements’”) (available at Master Services Agreement), and in the event of any inconsistency between this Open Internet Policy and the Service Agreements, this Open Internet Compliance Statement shall control.
HVW’s broadband access service is primarily a fixed wireless service. Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a Subscriber’s premises, RF interference and the transmission point, as well as the Subscriber’s connection of multiple devices to the HVW Network. Although we have engineered the HVW Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few Subscribers at times and places of competing for network demands can affect the performance of all Subscribers.
I. NETWORK MANAGEMENT PRACTICES
A. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Subscriber from lawful content.
B. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise degrade or impair access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device. All lawful Internet use is handled identically.
C. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through the use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with HVW.
D. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic over the HVW Network, including through the use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise. Individual Subscribers may customize what services and/or applications they prefer. Such individual prioritizations at the Subscriber level do not affect other Subscribers on the HVW Network and therefore, do not violate our Open Internet principles.
i. We may also use specific traffic shaping techniques to Improve our Subscriber’s Quality of Experience (QoE). HVW’s traffic shaping incorporates Fair Use Policies and service rate multipliers ensuring that all users have fair and open access to the Internet. Some packages allow users to elect to subscribe to a SELECT package offering to optimize the experience within their home or business.
Examples of SELECT packages include SELECT – VIDEO, SELECT – GAMMER, AND SELECT – HOME OFFICE
ii. We may also use PCRF for policy management of LTE technology to maintain quality of service (QoS) rules and regulations.
iii. We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the HVW Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreement. We do not use DPI to conduct data mining for targeted marketing or advertising or anti-competitive purposes.
iv. If we determine, in our sole and reasonable discretion, that the manner in which a Subscriber is using the Service negatively impacts other Subscribers or the HVW Network, we reserve the right to apply additional congestion management techniques.
F. Application-Specific Behavior: Subject to the qualification that HVW may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, HVW generally treats all lawful applications identically. However, we reserve the right to any applications, ports or protocols that we determine, in our sole and reasonable discretion, may expose the HVW Network to potential legal liability, harm the HVW Network or otherwise interfere with or impair the experience of other Subscribers on the HVW Network.
G. Device Attachment Rules: Generally, you do not need the approval to connect a third-party device to the HVW Network. HVW does not limit the types of devices that can be connected to the HVW Network, provided they are used for lawful purposes and do not harm the HVW Network, violate our Service Agreement, or harm other users of the Network. Acceptable devices must be authorized by the Federal Communications Commission. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the HVW Network negatively impacts other users or the HVW Network, or may expose us to potential legal liability, we reserve the right to limit or restrict Subscribers’ ability to connect such type of device to the HVW Network. If you need technical support services to assist you in the installation and configuration of third-party devices, please contact us or visit Support. Depending on your level of Service and your COS, there may be an additional monthly fee for IT support services.
Please note: Customers providing their own equipment may connect directly to HVW’s Radio Access Network (RAN, eNodeB or Access Point) using HVW approved equipment. Equipment must be FCC type accepted and configured using HVW’s specifications. All equipment must be approved by HVW or roaming partner.
H. Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the HVW Network. We monitor the HVW Network for security threats and may prohibit certain activity on the HVW Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the HVW Network or to other Subscribers. Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent. If we notice excessive Subscriber connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the HVW Network or use by other Subscribers, we will attempt to notify the Subscriber to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to control any Subscriber traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the HVW Network or to other Subscribers, or may expose us to potential legal liability.
II. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS
Specific Service fees and rates for an individual Subscriber is set forth in the Subscriber’s Confirmation of Sale (“COS”). Various information is also publicized on the HVW Website.
A. Service Description and Pricing: Links to a current description of the categories of Internet access service offered to residential and business Subscribers are available here, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications:
RESIDENTIAL – FREEDOM SELECT
i. FREEDOM SELECT – SILVER – details available: Residential Internet
ii. FREEDOM SELECT – GOLD – details available: Residential Internet
iii. FREEDOM SELECT – PLATINUM – details available: Residential Internet
i. NITRO BASIC details are available: Residential Internet
ii. HOME – ESSENTIAL, details available Fee Schedule
iii. HOME – BASIC details available Fee Schedule
iv. HOME – ENHANCED, details available Fee Schedule
iv. HOME – ENHANCED +details available Fee Schedule
v. HOME – EXTREME, details available Fee Schedule
vi. HOME – EXTREME PLUS (+), details available Fee Schedule
RESIDENTIAL – NITRO Broadband 2.0
i. HOME – PRIORITY 10, details available Fee Schedule
ii. HOME – PRIORITY 25, details available Fee Schedule
iii. HOME – PRIORITY 50, details available Fee Schedule
iv. HOME – PRIORITY 75, details available Fee Schedule
v. HOME – PRIORITY 100, details available Fee Schedule
SELECT – VIDEO – Optimized for Over the Top Video Streaming (OTT)
SELECT – GAMER – Optimized for Gamer Experience and includes Public IP (Static IP optional)
SELECT – HOME OFFICE – Optimized for Remote Workers. Includes Public IP (Static IP optional)
i. BACKUP 25 details available Backup Internet Access
ii. BUSINESS 10 details available Small – Medium Business
iii. BUSINESS 25 details available Small – Medium Business
iv. BUSINESS 25+ details available Small – Medium Business
v. BUSINESS 50 details available Small – Medium Business
vi. BUSINESS 75 details available Small – Medium Business
vii. BUSINESS 100 details available Small – Medium Business
B. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to Subscribers that will significantly affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering. However, there may be a temporary slowing of Internet speed when using any of HVW’s broadband and VoIP services at the same time.
C. Various Fees. We will assess the following fees for our Service, where applicable. Please see our Service Agreements for pricing details.
a. Regulatory Recovery – $2.60 mo
b. SAS – Spectrum Access – $2.95 mo
c. Administrative Fee – $50.00
d. Late – $5.00
e. Collection – $50-$150
f. Equipment Recovery Fee – $100
g. Expedite Fee – $200.00
h. Equipment Protection Plan – $4.90 mo (Standard UE)
a. $499.90 – Standard Installation*
b. Subscriber Installation Charge – $299.90
c. 40′ Ladder – $40
d. Antenna Mast (10′) – $20.00
e. Tripod Mount – $69.90
f. Lift Rental – $500 day
Equipment Purchase Fee:
a. $250.00 – Perpetual Rental Option (Standard UE)
b. $15.00 – Monthy Rental (Standard UE)
Equipment Replacement Fee:
Early Termination Fee:
Prorated term of the contract
Reconnection Fee for Terminated Service Due to Non-Payment:
a. Payment of any unpaid balance and a reconnect charge of $25.00
b. Additional Reactivation Fee of $250.00 may be required if the equipment was removed.
ACH Overdrawn Check Fee:
US Postal/Paper Bill Fee:
a. $5.00 per month
* Standard Installation is defined as a single-story home with clear pathways to run cable (less than 100’) without obstructions or special material required.
D. Fees for Additional Services: A current description of the fees for additional network-related services can be found at the links below: website
1. Computer Repair and IT Support Services: details available at website www.hvcomm.com
a. Travel – $1.00 (per mile)
b. 1st Hour – $50.00
c. Each Additional 1/2 Hour – $25.00
E. Acceptable Use: As set forth in the Service Agreements, all of HVW’s service offerings are subject to the Code of Conduct, also known as an Acceptable Use Policy, which we may from time to time establish or revise. The Code of Conduct is available here: Code of Conduct
G. Redress Options: HVW endeavors to respond to all Subscriber concerns and complaints in a timely and fair manner.
We encourage Subscribers to contact us at (518) 458-7006, or [email protected] or U.S. postal mail to discuss any complaints or concerns as they arise. Our postal address is 34 Russell Road Albany, NY 12205-3313, ATTN Subscriber Service
H. Disputes and Arbitration:
The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscribers in the event of a dispute.
III. FCC REQUIREMENTS AND COMPLAINT PROCESS
The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”). Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom
If a Subscriber believes that we are not in compliance with the FCC’s rules, the Subscriber may file an informal complaint with the FCC. The FCC urges Subscribers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.
IV. ADDITIONAL DISCLAIMERS