The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found at http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/html/2011-24259.htm. All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service.

The FCC’s rules focus on four primary issues:

  • Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services.
  • No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful web sites, or block applications that compete with their voice or video services.
  • No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.
  • Reasonable network management. ISPs may engage in reasonable network management to maintain a high quality of service for broadband Internet access.

Network Practices

ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

Congestion Management:
All traffic is carried equally on a "best efforts" basis.

Application-Specific Behavior: 
Certain ports and protocols are blocked for the purpose of stopping the spread of viruses. Presently, TCP and UDP on ports 135-139 and port 445 are blocked. Port and protocol combinations may be added or removed from time to time as virus threats come and go.

Device Attachment Rules:
Only Mercury-provided Customer Premise Equipment (CPE) can connect to Mercury's fixed wireless broadband network. Any device capable of connecting to an Ethernet port may be connected to the CPE.

Security:
Residential plan customers are given Network Address Translation (NAT) IP addresses that pass through a Stateful Packet Inspection firewall that blocks traffic that originates from the Internet without being requested.

Mercury uses industry-standard technologies and practices to assure the security of its network.

Performance Characteristics

ISPs must disclose the following network performance characteristics:

Service Description:
Mercury is a fixed wireless broadband operator. Speeds and data transfer allowances vary by plan. Plans can be found at http://www.mercury.net/broadband/pricing. Latency to the Internet edge of the network is typically below 20 milliseconds, but average latency under 50 milliseconds is considered acceptable. Packet loss to the Internet edge of the network is typically .01%, but average packet loss under 1% is considered acceptable.

Impact of Specialized Services:
Mercury offers public, static IP addresses for $10 a month. Customers subscribing to Static IP addresses are not subject to the Stateful Packet Inspection firewall that blocks traffic originating from the Internet, making this optional service ideal for customers wanting to host a server, remote desktop connection, security camera, or other server-hosting function.

Commercial Terms

ISPs must disclose the commercial terms of its broadband Internet access service including those listed below.

Pricing:
See http://www.mercury.net/broadband/pricing for plans and prices.

Privacy Policies:
Browsing information is not stored, network traffic is not inspected, and Mercury does not share information with third parties except by court order.

Redress Options:
Customers should call 866-GET-WEB6 or e-mail billing@mercury.net and ask for their problem to be escalated to a Manager.

FCC Notice

If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its web site at the following address: http://esupport.fcc.gov/complaints.htm. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

Additional Disclaimers

The Open Internet Rules, as adopted, and these Open Internet Principles are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet Service Providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, and end users.  Furthermore, the FCC’s Open Internet Rules, as adopted, and this company’s Open Internet Principles do not prohibit the company from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Acceptable Use Policy.