Terms of Service compliance with the Open Internet Order (FCC)

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First off please excuse me if I may have a misunderstanding but I would like to address this issue.

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!

Google ~

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 
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Christopher Koster

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  • Concerned

Posted 5 years ago

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Photo of Gary


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I agree with almost all the post. This internet providers service is the worst that I've ever experienced. I work on line mostly threw out the night and still I can't stay under the 10gig limit.
These days video has taken the place of text so even going over email chews up bandwidth.
This company is rapping it's users. After my trail period is up I'm looking at a $150.00 per month internet bill. That's legal rape. 
  I think back to the stimulus package to provide internet access to rural area's. Is their answer to bundle with company's that take advantage of user that no other choice.
 If I had a choice I would switch with out hesitation.
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Exede Lindsey

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Hello Gary, that's not how we want you to feel. We strive daily to make sure that we provide the best possible service. I would love to take the time to review your account details and check your usage categories to figure out where data is being consumed. Please send us an email to exedelistens@viasat.com with your account and contact information. Thank you.  
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Carolyn Barfield

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Okay.... I have specific questions for you techno-gifted folks.  Regarding the Exede Classic plan and the so called 12 midnight to 5 am "free zone".  

1)  I am on computer playing game at 11:45 p.m. and continue playing until 1:45 am.  ~~  is my usage classified as "free zone" from midnight to 1:45 am, or does this go against my data usage?

2)  I am downloading upgrades starting at 4:00 am and they continue until 5:15 am.  Is my usage 4 am to 5 am still "free zone" or does this go against my data usage?

3)  IF the usage that began before midnight or ended after 5 am are NOT counted as "free zone"  why not?

4)  What specific -- detailed -- steps must be taken to ensure any usage occurring midnight to 5 am are considered "free"?  Do I need to shut down my router, or my modem, and reboot?  Do I need to shut down and reboot my computer?  What about any other devices such as I-Pad, phones, etc? 

Anxiously awaiting information.  And for those that are representing Exede, I do not wish to contact a representative to "help".  I want the information readily available on this community forum for all to have an equal understanding.  This question is based on my communicating with an Exede representative and being told the "limits" of the "free zone".  I merely want to make sure I have a clear understanding and, if possible, some documentation of this specific information in the terms of service agreement.  Many thanks...

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Christopher Koster

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So any data usage from 00:01 to 05:00 will not count against your monthly allowance, In your examples played a game from 23:45 to 1:45 the data that would count towards your usage would be the data used in between 23:45 and 1:45 and also the updates, you will only be accounted for the data used from 05:00 to 05:15

The LNFZ you do not have to reboot anything the servers already know the time zone you are in and the times designated for the LNFZ the server would "ignore" that data for your allowance period!

I hope I was able to clear this up :)
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Knight Rider

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In theory Christopher is correct and that is the way the system is suppose to work is no matter what you are doing as soon and you enter the LNFZ data counting is suppose to stop and then start again as soon as you leave the LNFZ
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Carolyn Barfield

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That is interesting, Christopher Koster and Knight Rider, since what I described in my question is exactly what I was told by an Exede representative last night. As Christopher stated, I am dinged for data usage starting before midnight that does not end before midnight. Also any data usage started before 5 am that is not completed before the end of "free zone". I was also instructed to turn OFF my router and modem to ensure other devices were stopped if running anything, wait about 5 minutes to be sure past the midnight mark, and restart. Basically, any programs running before the start of free time ding you, and any programs running after end of free zone will count against your data usage. The server does not ignore data usage during the midnight - 5 am time frame if started before magic time, or ending when Cinderella's carriage reverts back to a pumpkin.... [trying to find some humor in this :-)] Seems our 15 GB were exhausted 8/2, and our billing period started 7/20. Do NOT watch movies, do surf internet, FB, games, some youtube, emails, etc.
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@ Carolyn Barfield

The Surfbeam2 modem is rather smart.  My bill this time was for $189.00 because I buy blocks of data...  a lot of data.  When I am involved in a solid download before midnight the meter does in fact stop at midnight just as it is supposed to, and resume after 5 AM despite being being booked in uploads/downloads.  It can appear to be incorrect sometimes due to the delay in refreshing the total at Exede.  Read your total just after midnight and again about half an hour later then at about 3 hours.  You will see it doesn't keep adding to your total usage during the night. It catches up from before midnight and will not advance again until after 5AM.  This is a simple test that can put your mind at ease concerning recorded use.
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Nathan Ross

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Exede has to be illegally blocking specific traffic, When I haven't reached my soft "data cap" I can surf and using a VPN limits my internet performance. Once I pass my soft "data cap" certain sites, traffic is significantly throttled specifically to interrupt the traffic and stop the site from loading... using a VPN my service resumes and I am able to achieve consistent .5 mb service... I've filled a few FCC complaints and never heard anything back. I'd be for a CALS if I didn't have a local company running Fiber to me... only cost me $3600 but I'll be able to recoup that when they run connections to my neighbors.
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Kaotic Technologies

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Lol what do you mean recoup?
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Nathan Ross

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Regain what I spent...

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