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Open Internet Statement

The following information is provided in compliance with the Federal Communications Commission’s regulations, at Part 8 of Title 47 of the Code of Federal Regulations, issued in connection with the FCC’s Open Internet Order.

Service Offerings

Element offers three tiers of mobile broadband Internet access service, with the speeds shown below. These speeds will depend on which technology your device supports (see chart below), wireless signal at your location, and cell site loading at the time of use:

Performance Speed

The chart below provides an overview of the peak and average downlink and uplink speeds for 1xRTT, 1xEV-DO Rev. 0, and 1xEV-DO Rev. A technologies, respectively.

  1xRTT 1xEV-DO Rev. 0 1xEV-DO Rev. A
Peak 153 Kbps (downlink)
153 Kbps (uplink)
2.4 Mbps (downlink)
153 Kbps (uplink)
3.1 Mbps (downlink)
1.8 Mbps (uplink)
Average user data rates 60-80 Kbps (downlink)
60-80 Kbps (uplink)
400-700 (downlink)
60-80 Kbps (uplink)
600-1,400 Kbps (downlink)
500-800 Mbps (uplink)

Actual speeds will vary based on several factors, including but not limited to network traffic volume, radio signal strength, terrain, and device’s radio (the radio of your phone or device power output and antenna device will affect speed on a wireless network). ELEMENT MOBILE does not guarantee any particular upload or download speed. Based on the best information available to ELEMENT MOBILE, in tests it has conducted with its real-time performance software and with live field test devices, the average upload and download speeds for each tier during a typical weekday night between 5 pm and 11 pm is as shown below:

  1xRTT 1xEV-DO Rev. 0 1xEV-DO Rev. A
UPLINK 129 Kbps 62 Kbps 876 Kbps
DOWNLINK 133 Kbps 861 Kbps 1.1 Mbps

Latency

ELEMENT MOBILE measures session latency is the time it takes for data to make a round-trip between the mobile device and the network provider. EV-DO Rev. A significantly reduces latency to an average of between 150 and 250 milliseconds. Testing factors can affect latency statistics. Latency will be impacted by the number of network hops taken from mobile devices to the test/ping server.

Element Mobile, offers a speed test site which can be accessed by all customers at: Coming Soon (link to the site will be added)

Congestion Management

ELEMENT MOBILE is implementing congestion management techniques to allow our network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing video more appropriately for a user device. The optimization process is agnostic to the content itself and to the website that provides it. While ELEMENT MOBILE invests much effort to avoid changing text, image, and video files in the compression process and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on a user device.

To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, ELEMENT MOBILE is implementing bandwidth usage management that will review specific applications to maximize bandwidth utilization, temporarily reduce data throughput for a subset of customers who use a disproportionate amount of bandwidth and/or monitor the aggregate bandwidth consumption for each consumer and give the heaviest users’ lower priority during times of high network traffic. ELEMENT MOBILE reserves the right to adopt other congestion management policies to manage traffic on its network.

Roaming partners of ELEMENT MOBILE may use these and other network management techniques, including without limitation, usage caps or temporarily reduced data throughput, now or in the future that could affect your use of data, text, and voice service while roaming on a network other than one owned by Element Mobile; please review the policies of those roaming partners for more details.

ELEMENT MOBILE network supports and delivers a full suite of Internet-based applications. These include:

  • Email
  • Web Browsing
  • File Transfer Protocol

ELEMENT MOBILE does not discriminate among types of customer traffic. ELEMENT MOBILE utilizes network management techniques that are equal and standard across all user applications. ELEMENT MOBILE does not modify its network to make its directly served applications perform better than applications a user would access over the general Internet. For example, ELEMENT MOBILE does not manipulate its network to perform better for customers accessing ELEMENT MOBILE email servers versus ELEMENT MOBILE customers accessing another email server. ELEMENT MOBILE does not block lawful content, applications, services or non-harmful devices, except in connection with the security measures described below.

The network management practices employed by ELEMENT MOBILE do not differ between its directly offered applications and those general applications offered over the Internet.

Security Measures

ELEMENT MOBILE does engage in security measures, consistent with industry standards, intended to protect the network and ELEMENT MOBILE’s customers.

ELEMENT MOBILE does not allow customer-owned SMTP servers on its network without a static IP address. ELEMENT MOBILE specifically denies UDP/TCP ports 67, 137,138,139 and 445. ELEMENT MOBILE blocks outbound traffic on TCP Port 25 to any outbound email servers.

In the event of denial of service attacks, spoofing or other malicious traffic, ELEMENT MOBILE will implement inbound and outbound traffic filtering and/or blocking on specific source and destination IP addresses. These actions will be performed to ensure reliability and availability of the ELEMENT MOBILE network. These actions will not be utilized for normal Internet applications and traffic. In the case of any suspicious or malicious network activity, notification and forensic information will be made available to the appropriate law enforcement and network security resources for investigation.

Other Terms of Service

ELEMENT MOBILE’s fees, user policies, and other terms of service are set out in its Communications Services Agreement, located at: www.elementmobile.com/pages/service-terms.html and in its Privacy Policy, at: www.elementmobile.com/pages/privacy.html. In the event of any conflict between material found on those terms and this Open Internet Information, those terms shall control. Please contact Customer Service at 800-236-1461 or at 611 on your device with questions about ELEMENT MOBILE’s Internet access services.