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[ NNSquad ] Re Level 3 Communications Issues Statement Concerning Comcast


----- Forwarded message from Dave Farber <dave@farber.net> -----

Date: Mon, 29 Nov 2010 20:55:44 -0500
From: Dave Farber <dave@farber.net>
Subject: [IP] Re  Level 3 Communications Issues Statement Concerning Comcast
Reply-To: dave@farber.net
To: ip <ip@listbox.com>





Begin forwarded message:

> From: Declan McCullagh <declan@well.com>
> Date: November 29, 2010 8:16:40 PM EST
> To: dave@farber.net
> Cc: ip <ip@listbox.com>
> Subject: Re: [IP] Level 3 Communications Issues Statement Concerning Comcast
> 

> Dave,
> 
> This was kind of an odd statement from Level 3 -- the first thing that came to mind when I read it and sent it around the newsroom was "is this really about peering with settlements?"
> 
> It took Comcast a while to get a response up, but here it is from Joe Waz:
> http://blog.comcast.com/2010/11/comcast-comments-on-level-3.html
> 
> It does seem to be a peering dispute that Level 3 wants to turn into a Net neutrality/political dispute, especially because Comcast is vulnerable right now before the FCC due to the NBC deal. The proximate cause of the traffic imbalance is that Level 3 recently became Netflix's primary distribution network:
> http://www.level3.com/index.cfm?pageID=491&PR=958
> 
> Unfortunately, the pro-NN folks were happy to help with the politicization. Public Knowledge called the dispute evidence of "anticompetitive harm" committed by Comcast. Here's what Andrew Schwartzman from the Media Access Project said: "Comcast’s request of payment in exchange for content transmission is yet another example of why citizens need strong, effective network neutrality rules that include a ban on such ‘paid prioritization’ practices."
> 
> So now business disputes about settlement-based vs settlement-free peering are going to be ruled on by FCC lawyers? I may be missing something here -- if so, I'm sure the many smart folks on IP will tell me very promptly -- but that seems to be something other than an optimal outcome.
> 
> -Declan
> 
> On 11/29/10 2:24 PM, Dave Farber wrote:
> >
> >
> >
> > Begin forwarded message:
> >
> >> http://www.marketwatch.com/story/level-3-communications-issues-statement-concerning-comcasts-actions-2010-11-29?reflink=MW_news_stmp
> >> Level 3 Communications Issues Statement Concerning Comcast’s
> >>
> >> 2010-11-29 21:38:00.326 GMT
> >>
> >>    Level 3 Communications Issues Statement Concerning Comcast’s Actions
> >>
> >> Business Wire
> >>
> >> BROOMFIELD, Colo. -- November 29, 2010
> >>
> >> Level 3 Communications, Inc. (NASDAQ: LVLT) today issued the following
> >>
> >> statement, which can be attributed to Thomas Stortz, Chief Legal Officer of
> >>
> >> Level 3:
> >>
> >> “On November 19, 2010, Comcast informed Level 3 that, for the first time, it
> >>
> >> will demand a recurring fee from Level 3 to transmit Internet online movies
> >>
> >> and other content to Comcast’s customers who request such content. By taking
> >>
> >> this action, Comcast is effectively putting up a toll booth at the borders of
> >>
> >> its broadband Internet access network, enabling it to unilaterally decide how
> >>
> >> much to charge for content which competes with its own cable TV and Xfinity
> >>
> >> delivered content. This action by Comcast threatens the open Internet and is a
> >>
> >> clear abuse of the dominant control that Comcast exerts in broadband access
> >>
> >> markets as the nation’s largest cable provider.
> >>
> >> “On November 22, after being informed by Comcast that its demand for payment
> >>
> >> was ‘take it or leave it,’ Level 3 agreed to the terms, under protest, in
> >>
> >> order to ensure customers did not experience any disruptions.
> >>
> >> “Level 3 operates one of several broadband backbone networks, which are part
> >>
> >> of the Internet and which independent providers of online content use to
> >>
> >> transmit movies, sports, games and other entertainment to consumers. When a
> >>
> >> Comcast customer requests such content, for example an online movie or game,
> >>
> >> Level 3 transmits the content to Comcast for delivery to consumers.
> >>
> >> “Level 3 believes Comcast’s current position violates the spirit and letter of
> >>
> >> the FCC’s proposed Internet Policy principles and other regulations and
> >>
> >> statutes, as well as Comcast’s previous public statements about favoring an
> >>
> >> open Internet.
> >>
> >> “While the network neutrality debate in Washington has focused on what actions
> >>
> >> a broadband access provider might take to filter, prioritize or manage content
> >>
> >> requested by its subscribers, Comcast’s decision goes well beyond this. With
> >>
> >> this action, Comcast is preventing competing content from ever being delivered
> >>
> >> to Comcast’s subscribers at all, unless Comcast’s unilaterally-determined toll
> >>
> >> is paid – even though Comcast’s subscribers requested the content. With this
> >>
> >> action, Comcast demonstrates the risk of a ‘closed’ Internet, where a retail
> >>
> >> broadband Internet access provider decides whether and how their subscribers
> >>
> >> interact with content.
> >>
> >> “It is our hope that Comcast’s senior management, for whom we have great
> >>
> >> respect, will closely consider their position on this issue and adopt an
> >>
> >> approach that will better serve Comcast and Comcast’s customers.
> >>
> >> “While Comcast’s position is regrettable, Level 3 remains open and willing to
> >>
> >> work through these issues with Comcast. However, Level 3 does not seek any
> >>
> >> ‘special deals’ or arrangements not generally available to other Internet
> >>
> >> backbone companies.
> >>
> >> “Given Comcast’s currently stated position, we are approaching regulators and
> >>
> >> policy makers and asking them to take quick action to ensure that a fair, open
> >>
> >> and innovative Internet does not become a closed network controlled by a few
> >>
> >> institutions with dominant market power that have the means, motive and
> >>
> >> opportunity to economically discriminate between favored and disfavored
> >>
> >> content.“
> >
> >
> >
> > -------------------------------------------

> 
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----- End forwarded message -----