FEDERALLY-MANDATED OPEN INTERNET DISCLOSURE STATEMENT

The Federal Communications Commission (“FCC”) requires that we provide you with the following information regarding our mass market retail broadband Internet access services, including information regarding any network management practices that we employ, the performance characteristics of our services, and the commercial terms of our service offerings.  These disclosures relate solely to that portion of our overall network devoted to providing mass market retail broadband Internet access service and are intended to be relied upon by current and prospective subscribers to that service as well as by the providers of “edge” products (i.e., providers of applications, devices, services, and content accessed over or connected to Company’s broadband Internet access service).  

Other portions of our network may be used to provide cable service, phone service, or other information or specialized services, each of which is subject to its own terms and conditions of service.  In addition, Company may enter into arrangements to provide Internet service to third party establishments (such as coffee shops, bookstores, hotels, libraries, etc.) who then may offer such service to their customers, guests, or others.  Nothing herein is intended to address the network management practices, performance characteristics, or commercial terms that may be adopted by such third party premises operators in connection with their provision of Internet service to others.

The information provided herein may be revised from time to time as Company deems appropriate.  In addition, the following disclosures should be read in conjunction with Company’s “Acceptable Use Policy” (“AUP”), available online at mediacomtoday.com/aup and with our “Terms of Service,” a copy of which is provided to customers at time of installation or which may be obtained by calling 1-855-633-4226.  For further information regarding the services offered by Company in your area, please see Mediacomcable.com or Mediacomtoday.com.

NETWORK PRACTICES: 

Congestion Management:  The bandwidth and network resources used to deliver broadband Internet access service are limited and shared among users.  The FCC allows broadband Internet access service providers such as Company to engage in “reasonable network management practices” to ensure that our customers enjoy a high quality online experience.  The use of network management tools and techniques to conserve bandwidth may cause certain users to notice slower Internet performance, such as longer download and upload times or slower responses while surfing the Internet or playing games.  The effects of network management typically will be noticeable only for a brief period of time, if at all. 

At the present time, Company has not found it necessary to deploy any network management tools specifically designed to address the effects of network congestion; however, consistent with the FCC’s rules, Company reserves the right to employ the types of “reasonable network management” practices commonly used in the industry to protect consumers from activity that can unreasonably burden our network and cause service degradation.  If and when we deploy specific network congestion management tools, we will update this disclosure statement accordingly.

Usage Limits. In addition to reserving the right to manage network usage to ensure that the activity of a small number of subscribers at a particular point in time does not degrade, inhibit or interfere with the use of our network by others, Company also maintains an “excessive use” policy that addresses total usage of an account in a calendar month.  Please see our AUP at mediacomtoday.com/aup for more information regarding Company’s excessive use policy. 

Application-Specific Behavior.  Company does not discriminate against or prevent users of its broadband Internet access service from sending and receiving the lawful content of their choice; running lawful applications and using lawful services of their choice; or connecting their choice of legal devices, provided that such applications and services do not harm the network or the provision of broadband Internet access service, facilitate theft of service, or harm other users of the service.  Similarly, Company does not impair or degrade particular content, applications, services or non-harmful devices so as to render them effectively unusable, subject to the reasonable network management practices outlined herein. 

Company reserves the right, in accordance with applicable law, to employ reasonable network management practices to prevent certain harmful or illegal activity such as the distribution of viruses or other malicious code or the transfer of child pornography or other unlawful content. 

Device Attachment Rules:  Company requires customers to use a tested and certified DOCSIS 2.0 or 3.0 compliant modem to connect to its network.  Use of a non-compliant modem may be subject to service interruption due to network updates.  Information regarding compliant modems can be found at http://www.cablelabs.com/cablemodem/downloads/Certified__Products.pdf.  Company recommends that customers replace non-compliant equipment with a compliant device.

Security:  Company also employs certain practices to protect the security of our customers and our network from unwanted and harmful activities.  These include practices designed to protect our servers against Denial of Service attacks and to prevent viruses, worms, spyware, spam and identity theft.  In order to ensure the effectiveness of our security practices, we do not publicly disclose specific information detailing the levels and types of activities that may trigger our deployment of security protection measures. When security measures are employed, they may affect performance characteristics of service or the ability to access certain suspicious websites, but such measures are employed in a manner designed to have non-discriminatory impact on all similarly-situated customers.  

Company also makes available certain security tools for use by our customers at no additional charge.  For more information, see mediacomcable.com/internet_security.html.

PERFORMANCE CHARACTERISTICS:  

Service Description: Company provides what is known as a “fixed broadband” Internet access service that is designed to provide the capability to transmit data to and receive data from all or substantially all Internet end points.  Company offers multiple packages (or “tiers”) of broadband Internet access service for residential or commercial use with varying speeds, features and bandwidth usage limitations that may affect the suitability of such service for real-time applications.  The features, pricing and other commercial terms of our service offerings are modified from time to time, and not all packages are available in all areas.  Each package is priced to reflect the particular speed, features and bandwidth usage limitations of that package.  Full descriptions of currently available packages, including pricing information and information about the suitability of particular packages for particular online activities can be found on the Company’s website at Mediacomcable.com or Mediacomtoday.com. 

The FCC requires that we disclose information regarding the expected and actual upstream and downstream speeds and latency of our Internet access service offerings.   Our advertised speeds are estimates (i.e., “up to” the specified speed) and our Internet access service is provided on a best efforts basis and cannot be guaranteed.  The actual speed a subscriber experiences may vary based on a number of factors including, but not limited to (i) variances in network usage; (ii) the capabilities and capacities of the customer’s computer and/or local area network (LAN) devices such as wireless routers; (iii) latency (i.e., the time delay in transmitting or receiving packets as impacted in significant part by the distance between points of transmission); (iv) the performance of the content and application providers the consumer is accessing, such as a search engine or video streaming site; and (v) performance characteristics of transmissions over portions of the Internet that are not subject to Company’s control.

There are various tools available online that measure Internet performance, including downstream and upstream speeds.   One such test is operated d by Ookla Inc. and can be accessed at http://www.speedtest.net/.  Using information compiled from individual tests, Ookla Inc. also reports a “rolling mean throughput” speed in Mbps over the past 30 days for the top 20 ISPs with at least 100 tests.  As of November 17, 2011, Ookla Inc. reported the following downstream and upstream speeds across all service tiers for Mediacom:

Downstream:     11.01 Mbps              

Source: http://www.netindex.com/download/2,1/United-States/

Upstream:        1.27 Mbps 

Source: http://www.netindex.com/upload/2,1/United-States/

You also can check performance using a “Consumer Broadband Test” that the FCC offers on its website at http://www.broadband.gov/qualitytest/.  Keep in mind that all speed tests have built-in biases and flaws and the results of such tests should be considered a guide rather than a definitive measure of performance.  Also keep in mind that the speed a customer experiences at a specific location may vary from the average speed calculated on a nationwide basis. 

We also are required by the FCC to provide information regarding “latency,” which is a measurement of the average time that it takes for a data packet to travel from point on a network to another.  Latency is typically reported based on “round-trip” time and expressed in milliseconds.  While the impact of latency generally is not noticeable by customers, it can have an impact on networks and on certain types of Internet applications.  For example, according to the FCC, high round-trip latencies can have a  perceptible impact on the quality of voice services.  High definition multiplayer online games also may be sensitive to latency.  The FCC provides a tool that consumers can use in measuring latency at http://www.broadband.gov/qualitytest/.                       

Impact of Specialized Services:  The FCC’s “Open Internet” rules distinguish between our mass market retail broadband Internet access services and “specialized services” that share capacity with our broadband Internet access service over our last-mile facilities.  Examples of such “specialized services” may include Mediacom’s voice over IP phone (“VoIP”) service.  Such services, which are not subject to the same rules as our broadband Internet access services, share bandwidth with our Internet access service and because of their nature sometimes receive priority; thus increased use of our phone service may temporarily impact our broadband Internet access service at particular times.  We routinely monitor any such services to minimize their impact on our broadband Internet access service.

COMMERCIAL TERMS:

 Pricing:  As noted above, Company offers multiple tiers of broadband Internet access service.  The current pricing and other terms and conditions of these tiers (including information regarding fees for early termination or additional network services) can be found at Mediacomcable.com or Mediacomtoday.com or obtained by calling our customer service center at 1-855-633-4226.  The pricing and other commercial terms of our broadband Internet access services are subject to change and the information provided in this disclosure statement is not intended to supersede or modify any of the terms and conditions of service as applicable to a particular customer. 

            Privacy Policies: Your privacy is very important to us.  Personal information you provide to Company is governed by the Company’s Privacy Policy, which is posted on Company’s Website at mediacomcable.com/legal_privacy.html and is subject to change from time to time.  Personal information provided by you to the Company is used primarily to provide a customized experience as you use our services, and is generally not shared with third parties.  Company reserves the right, as required or permitted by law, to provide account and user information, including email, to third parties and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.  Such cooperation may include, but is not limited to, monitoring of Company’s network consistent with applicable law.

Redress Options:  For immediate assistance with issues or complaints involving your broadband Internet access service, please contact our customer service centers at 1-855-633-4226.  We have agents available 24 hours a day, seven days a week.   Customers can also email us at http://mediacomcable.com/contact_us.php, or can contact our social media group  at our Twitter and Facebook sites.  Written complaints can also be sent via U.S. mail to:  Mediacom Communications Customer Service Department, 100 Crystal Run Rd, Middletown, NY 10941.   The FCC has established procedures for addressing informal and formal complaints relating to its “Open Internet” rules.  For information concerning these formal and informal complaint procedures, please refer to the FCC’s website at http://www.fcc.gov/guides/getting-broadband.