We aren't getting good results on the older devices, despite that they are AAC. I think they are pretty standard as far as the spec goes.
For now it looks like we will need to use something like this to have it request mp4's instead of hls:
version = CreateObject("roDeviceInfo").GetVersion()
major = Mid(version, 3, 1)
minor = Mid(version, 5, 2)
if (major = "3" and minor = "01")
' do mp4
else
' do hls
end if