Open Internet Disclosure/Fair Usage Policy. Acceptable Uses. Performance Characteristics

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1 Open Internet Disclosure/Fair Usage Policy NE Colorado Cellular, Inc. d/b/a Viaero Wireless ("Viaero") is committed to providing all of its customers 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 , downloading legally permissible content via the Internet, accessing and using corporate and/or corporate business applications associated with its customers places of employment. Viaero prohibits any use that adversely or excessively interferes with one or more other customer s use of the Home Network, including but not limited to the following purposes: (a) server or remote application operation, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer ("P2P") file sharing, remote telemetry, or Supervisory Control and Data Acquisition; (b) substitutes or backups requiring fulltime 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 ; (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 of data purchased by that customer during each billing cycle or rolling usage period, or in the case of any unlimited mobile device data plans, 23 Gigabytes of data consumption in any given billing cycle or rolling usage period and for fixed wireless internet solutions, 200 Gigabytes of data consumption in any given billing cycle. Exceeding the amount of data purchased by a customer in any given billing cycle will result in excessive use charges (overages) being applied to the Subscribers bill. Performance Characteristics Many factors affect the speed and performance that customers 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 customers 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 customer that is excessive compared to the average customer. Customer devices also have varying speed capabilities and may connect to different networks depending on technology. Even within coverage areas and with broadband-capable devices,

2 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 or basic web browsing do not require a high-data speed to function very well, while other activities like video streaming or transferring large data files are better experienced with higher data speeds. Based on our internal testing and specifications from manufacturers and subject to the notes below, we expect at peak periods on capable devices and with qualifying service customers will experience approximately the following speeds on our Home Network**: 4G (LTE) network: typical download speeds of 6-20 Mbps and upload speeds of 2-5 Mbps. 4G (HSPA+ Dual Carrier/42 UMTS) network: typical download speeds of 4-11 Mbps and upload speeds of Kbps. 4G (HSPA+ 21 UMTS) network: typical download speeds of 2-6 Mbps and upload speeds of Kbps. 3G (HSPA UMTS) network: typical download speeds of Kbps and upload speeds of Kbps. 2G network: typical download speeds of 40Kbps-200Kbps and upload speeds of Kbps. For 4G, 3G and 2G coverage information, see our coverage maps at or visit your local Viaero retail store. / Your 4G speed range will depend on your device as well as the factors described above. Subject to your data plan and network management, customers using a 4G device within the 4G coverage area can expect to get 4G speeds. Customers using a 3G device within the 3G coverage area can expect to get 3G speeds. Customers with 4G devices may access the 3G network where it s available outside the 4G coverage area. ** Your speed range will also depend on the high-speed data allotments associated with the data plan you have selected. Latency Latency, is a term used to describe delay, and is the amount of time from when a data packet is sent to when it is received. For internet services, 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 , 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, require lower latency to function properly.

3 With respect to latency for use of real-time data applications, Viaero expects round trip network to device latency to be approximately ms on its 4G LTE network, ms on its 4G network, ms on its 3G network and ms on its 2G network. Network Management We engineer our network to provide consistent high-speed data service, but at times and at locations where the number of customers using the network exceeds available network resources, customers may experience reduced data speeds. To provide the best possible experience for the most possible customers, 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 allows other 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 customer. Unlimited data customers do not have a specific data allotment. Some network management of Unlimited plans is required because very heavy data usage by even a few customers at times and places of competing network demands can affect the network performance for all customers. To provide the best possible experience for the most possible customers, and to minimize capacity issues and degradation in network performance, we manage Unlimited data usage through prioritization. Unlimited data customers who use more data than what the majority of all customers average in a month, based on our review of historical data usage, will have their data usage de-prioritized compared to the data usage of other customers when required to maintain speeds for the majority of customers, which may result in slower data speeds. It is also possible, when the Home Network, or any portion thereof becomes congested, any customers in the affected area will experience slower speeds without regard to prioritization. Customers who use data in violation of their plan terms Viaero s Terms and Conditions may be excluded from this calculation. Unlimited data customers who use more than 23GB of data during a billing cycle or rolling usage period will be de-prioritized for the remainder of the billing cycle when and where there are competing customer demands for network resources. At the start of the next bill cycle or rolling usage period, the customer s usage status is reset, and this data traffic is no longer de-prioritized. Where the network is lightly loaded in relation to available capacity, a customer whose data is de-prioritized will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, these customers will likely see significant

4 reductions in data speeds, especially if they are engaged in data-intensive activities.. Viaero is heavily invested in and dedicated to building a robust network but there are physical and technical limits on how much capacity is available, and in constrained locations the frequency of heavy loading in relation to available capacity may be greater than in other locations. When network loading goes down or the customer moves to a location that is less heavily loaded in relation to available capacity, the customer s speeds will likely improve. The Unlimited data plans may be used for smartphone mobile hot spot (tethering) but after 23Gb has been used, tethering is slowed to 2G speeds for the rest of the billing cycle or rolling usage period; unlimited data is only for use on your smartphone. Depending on the capability of your device, tethering your device to other lawful devices is permitted up to 10 devices pursuant to the terms, conditions and allotments of your Data Plan, provided, however, the data is to be used for the customer and not provided to any third parties. Data used through a customer device by third parties will only be traceable to the customer s device, and as such customer s data allotments will be reached sooner possibly resulting in overages, or the 23Gb limit will be reached earlier resulting in slower speeds. If you use your Data Plan in a manner that could interfere with other customers' service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate data plan, or terminate your service. Finally, certain uses of our network are also prohibited as described in our Terms and Conditions and above in Acceptable Uses. For example, applications which automatically consume unreasonable amounts of available network capacity or are designed for unattended use are prohibited as they may interfere with our ability to provide a good service experience for the majority of our customers, cause capacity issues, and/or degrade network performance. Viaero does not block legal applications, and is content/application neutral. Device Restrictions All phones and devices that connect customers to Viaero s network must be compatible with Viaero s network (due to network parameters in the device). Please contact Customer Care at VIAERO ( ) 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 a degradation to the service of others may be terminated or suspended. Security Measures Viaero does not block data or applications for access by customers. This includes potentially harmful malware/spyware/viruses. Customers are advised to utilize their own internet security software to mitigate risks.

5 Contact Information Consumers may access our Pricing and Privacy policies on our website at: Customer Service is available via the Viaero website, at retail and service centers, or by calling VIAERO ( )