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I will quote both the ToS and OIO sections regarding this topic.
ToS on Data Usage (Residential)
"Exede Classic, Essential 10 and Exede Evolution Excess Use. If you are a subscriber to an Exede Classic, Essential 10 or an Exede Evolution Plan and your data usage reaches 100% or more of your monthly data allowance, we will alert you of this fact and offer you the option to purchase additional increments of data to use during the remainder of your monthly measurement period. If at any time your data usage exceeds your data allowance and you have not purchased additional increments of data, ViaSat will significantly slow and/or restrict your service, or certain uses of your service, until the end of your monthly measurement period; provided, however, that (i) if you have an Exede Evolution Plan, you will continue to have access to web pages and email at the regular speed, and (ii) with the Exede Classic, Essential 10 and Exede Evolution Plans, you will be able to continue to engage in all internet activities at the regular speed during your free zone."
OIO directly from FCC's website reguarding the OIO
"An Open Internet means consumers can go where they want, when they want. This principle is often referred to as Net Neutrality. It means innovators can develop products and services without asking for permission. It means consumers will demand more and better broadband as they enjoy new lawful Internet services, applications and content, and broadband providers cannot block, throttle, or create special "fast lanes" for that content. The FCC's Open Internet rules protect and maintain open, uninhibited access to legal online content without broadband Internet access providers being allowed to block, impair, or establish fast/slow lanes to lawful content."
Now with permission to speak freely this is where I personally ViaSat may be violating FCC's terms and please excuse me if I might have a misunderstanding.
I am currently being throttled due to >100% data usage so keeping that in mind on a previous thread I had asking why connection speeds are not as advertised and got clarification on such that when throttled you only get enough bandwidth to browse to Exede's website to buy more data. I perfectly understand that my connection speeds are significantly reduced from my normal browsing speeds but let us talk about the blocking.
Just so we are clear I shall clearly get the definition of "Blocking" from the Merriam Webster Dictionary so that there can be no confusion on the vague subject of blocking.
" Block (verb) ~ to place something in front of (something, such as a road) so that people or things cannot go into the area."
I sincerely apologize that the definition does not fully describe blocking but using its standards to write this definition, " Block ~ To stop traffic from entering a certain area such as a resident's router." If that definition is not up to par please excuse me as I did try my best.
Ok now lets gets away from the definition of blocking and into the actual discussion shall we!
Starting off certain websites when not in Late Night Free Zone are mysteriously not available and data can not be obtained, but right after the modem reboots promptly at 00:01 those websites become instantly available!
Using the ping command in CMD you can see trying to probe for a response fails four times with the packets being sent but lost shortly afterwards. If I am truly not mistaken here that would mean that my packets made it successfully out of my modem to the satellite and then to ViaSat's servers but got lost along the way which I would assume would be ViaSat blocking the connection. Now here is more proof that it could be potentially blocking!
I would of course do more websites but this would seem redundant.
Now that there might be potential proof let me explain where I might be seeing legal complications!
On the OIO page the "Bright Line Rules" Section 1 States
- No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.
Now what would conclude me to believe that certain websites are being blocked from me accessing are as stated beforehand that before LNFZ I can access some websites and others I can not, during LNFZ I can access all the websites including the ones I could not access while under the throttling.
I am not trying to cause any problems but I would like to get a valid reason as to why all this is happening and if it is a legal issue what steps could/would be taken to fix it?
Thanks and Sincerely Christopher