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Level 3 Shaken Down By Comcast Over Video Streaming

An anonymous reader writes "It looks like the gloves are really coming off; Level 3 Communications had to pony up an undisclosed amount of cash to keep Netflix streaming to Comcast customers. Perhaps now the FCC might actually do something to ensure that the internet remains open. Level 3's Chief Legal Officer, Thomas Stortz, said: '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.'"

23 of 548 comments (clear)

  1. Wrong approach L3 by commodore64_love · · Score: 5, Insightful

    You should have done what FOX and NBC have done in the past - Cut off Comcast. When that happens the customers invariably blame the cable company for being greedy, not the broadcasters or Level 3 or netflix

    Then Comcast would be forced to stop banning netflix, else risk losing customers.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  2. No! by Haedrian · · Score: 5, Insightful

    Keep the government out of my internet! The corporations can solve their problems in a way that the consumer is not effected!

    Right?

    Guys?

    anyone?

  3. Alternate viewpoint by Wonko+the+Sane · · Score: 4, Insightful

    I generally respect Karl Denninger's viewpoint on these issues since he was one of the people actually involved in building out the internet.

    It's not about content, it's about volume and flows, and who pays for the infrastructure build necessary to handle them.

    What amounts to poaching other people's resources works well right up until you drive that other party into the wall and force them to spend a crapload of money for which they receive nothing in return. That is, they don't receive any renumeration for the additional expense - but you do!

    This is the base problem with all overcommitted services where the business model is predicated on fractional use of maximum possible resource consumption. When that model is violated costs go up dramatically. This is ok provided the person who has the cost also gets the revenue that is occasioned by the violation of the original model.

    But in the case at hand, Netflix and similar get the revenue, but Comcast gets the cost.

    I saw this one coming a mile away. If L3 manages to get the FCC involved and Comcast is prohibited from doing this they will be forced instead to either cap-and-charge customers or dramatically raise their prices, which will also blow back on the content folks like Netflix.

    Suddenly that $8 "video any time" subscription becomes not $8, but $28 as Comcast adds another $20 to your monthly cable internet bill.

    And there goes the pricing model that everyone loves so much about Netflix!

    1. Re:Alternate viewpoint by edremy · · Score: 5, Insightful
      But Comcast does receive something in return- customers. Customers want to access Netflix, and (presumably) won't use an ISP that won't carry Netflix. Yes, this may require Comcast to expand their services, but that's the price to maintain customers.

      Of course, in America where you may not have a choice in ISPs, this breaks down entirely and Comcast is free to do whatever they want.

      --
      "Seven Deadly Sins? I thought it was a to-do list!"
  4. Re:Not to be a dick but nextflix by theNetImp · · Score: 4, Insightful

    Yes they use a lot of bandwidth, that Comcast's customers pay for in overpriced monthly fees.

    So glad I don't have to deal with Comcast anymore

  5. Re:Not to be a dick but nextflix by Pinhedd · · Score: 5, Informative

    Considering that Comcast posted a net income of over 3.5 billion last year I think asking them to reinforce their infrastructure so they can be competitive is not outside the realm of being reasonable.

  6. I Disagree by eldavojohn · · Score: 4, Insightful

    Then Comcast would be forced to stop banning netflix, else risk losing customers.

    Uh, that's not how I see it going down. That would be like a staring contest and I'd bet that Netflix would blink first.

    Customer: Hello, Netflix, I can't stream your movies anymore.
    Netflix: Uh, well, that's your ISP's fault for not coordinating with our CDN.
    Customer: But the rest of the internet is working fine.
    Netflix: Yes, well, you need to get a different internet provider.
    Customer: Comcast is the only broadband provider in my area.
    Netflix: Well, write them an angry letter because it's not our fault.

    So do you think the user is going to quit using Comcast or do you think they'll have no choice but to stop subscribing to Netflix since they can no longer stream movies? I think the latter is more likely what would happen. It's different because Fox and NBC provide a lot of free content and can easily tell the customer that their ISP is blocking the news. With Comcast, they know that Netflix is pulling down tons of money (look at their stock value) and they know that if they hold out they can wring more money out of L3 and, eventually, Netflix. And since in most of Comcast's realm there's a complete lack of a competitor. That's the real issue here, that Comcast customers often have no choice and there's a barrier of a cost to entry for anyone else to enter in as competition with them. Fix that and you solve this whole problem because then your scenario might work if users are really upset enough to change ISPs when Netflix doesn't work because their current ISP is trying to negotiate for more cash.

    --
    My work here is dung.
    1. Re:I Disagree by Rogerborg · · Score: 5, Insightful

      So instead the paid the Danegeld. They can now expect a lot more Danes to come demanding their cut.

      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:I Disagree by fulldecent · · Score: 5, Insightful

      I think you are too 1.0.

      Customer: loading netflix...
      Netflix: Sorry, Comcast has blocked Netflix because it competes with their own offerings. They were previously sued for this anticompetitive behavior, but it continues.

      Your location was detected as [Philadelphia, PA], please click here for information to set up internet with: [ ] Verizon, [ ] RCN, [ ] Clear.
      Please click here to upload a video to youtube requesting the department of commerce investigate this matter.
      Please click here to connect to Netflix through 7 proxies.

      --

      -- I was raised on the command line, bitch

    3. Re:I Disagree by commodore64_love · · Score: 4, Informative

      More like this (from last year):

      Customer: Hello ESPN360.com, I can't watch your sports anymore.
      ESPN360: We're sorry, but your ISP has not paid for access. Please contact Comcast to complain.
      Customer: But the rest of the internet is working fine.
      ESPN360: We're sorry, but your ISP has not paid for access. Please contact Comcast to complain.
      Customer: Are you even listening to me?
      ESPN360: We're sorry, but your ISP has not paid for access. Please contact Comcast to complain.
      Customer: (sigh) I guess I need to call Comcast. Or switch to Verizon DSL.

      Verizon gained a lot of customers because of this. And now Comcast has caved, and they started paying ESPN360.com for access. Ditto Disneyconnection.com. I suspect after complaints or losing customers, Comcast would cave on netflix.com too

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:I Disagree by commodore64_love · · Score: 4, Informative

      This obscure reference just went over 99% of Americans' government-educated heads.

      "Danegeld" refers to the gold paid by the English monarchy to stop the Danish and Norway Vikings from raiding towns along the east coast of Britannia. I forget the exact date, but somewhere around 800-900 A.D. Many of the Vikings then set-up permanent villages in this area while collecting their tribute.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:I Disagree by bughunter · · Score: 5, Insightful

      GP is right. But it's all about public relations.

      Netflix: Uh, well, that's your ISP's fault for not coordinating with our CDN.

      Um. No. You'd say that only if you wanted to piss people off.

      A real corporation would avoid jargon, and point fingers at someone else... Hell, they do that even when they *are* at fault.

      In reality, you'd get something more like:

      Netflix: We're sorry, sir. Who is your internet provider? Comcast? Unfortunately, that appears to be a problem that all Comcast customers are experiencing. Please contact your Comcast customer service. In the meantime, can we offer you an free upgrade to your DVD by mail service for three months?

      --
      I can see the fnords!
    6. Re:I Disagree by MightyYar · · Score: 4, Insightful

      This obscure reference just went over 99% of Americans' government-educated heads.

      Oh, we learn a lot of obscure, meaningless history over here... just the American sort. Do you know who Squanto is? We made a holiday out of him! Do you know who the guy was that signed the Declaration of Independence in REALLY BIG LETTERS was? We name buildings after him! How about that "Monroe Doctrine"? "Remember the Maine"? Betsy Ross? Yeah, Betsy sure was important.

      We can't be expected to keep track of every culture who ever raped, pillaged, invaded, or otherwise defiled the British Isles - let alone what the protection payments were called! :)

      I think history books the world over concentrate too much on the names and dates, and not enough on the lessons.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    7. Re:I Disagree by Buelldozer · · Score: 5, Insightful

      I take exception to your crack on Americans. I'm public school educated and I knew what Danegeld was without being told.

      If historical trivia is your measure of proper education would you like to take a gamble that I could find some reasonably important but semi-obscure history that you're not aware of?

    8. Re:I Disagree by chris234 · · Score: 4, Interesting

      Of course, it's perfectly valid to say that Comcast customers are requesting 5 times more content from Level 3 customers than they are sending Level 3 customers. So seems to hardly be a Level 3 issue.

  7. Or is it Just A Noisy Peering Dispute? by 1sockchuck · · Score: 5, Informative

    Comcast says the issue with Level 3 is a peering dispute and says it "offered Level 3 the same terms it offers to Level 3s CDN competitors for the same traffic." The issue seems to be that the Level 3's addition of Netflix as a customer may have altered the balance of the traffic exchange between Level 3 and Comcast. In other words, Comcast says the volume of traffic is the issue, while Level 3 says the type of traffic is the issue.

    1. Re:Or is it Just A Noisy Peering Dispute? by ZaMoose · · Score: 4, Informative

      Precisely. All the Network Neutrality pushers are being played for suckers by Level 3. It's dirty pool on their part -- they're trying to get a better price in a market that was previously covered by "gentlemen's agreements" between ISPs and are attempting to incite a NetNeut flashmob in order to get their pricing.

      --
      I wish I had a kryptonite cross, because then you could keep Dracula and Superman away.
  8. This is excellent by multipartmixed · · Score: 4, Insightful

    Finally, a real example people can point to and say, "SEE!" when talking about net neutrality.

    --

    Do daemons dream of electric sleep()?
  9. Re:Class action suit? by 99BottlesOfBeerInMyF · · Score: 5, Insightful

    If Comcast are a monopoly supplier (ie customers cannot get broadband from another ISP) then maybe the customers who cannot get Netflix (or whatever else) should bring a class action suit against Comcast.

    They could, but not many consumers are interested in getting a $15 coupon off Comcast cable eight years from now when the lawsuit is over. Our courts, the FCC, the DoJ are all so pro-big business as the result of both political parties' appointments at the behest of lobbyists that breaking antitrust law is just another profitable new business strategy.

  10. This is not about Net Neutrality by martyros · · Score: 5, Insightful
    Read the cnet article -- it has an interesting response from Comcast:

    Unlike the peering relationship between Level 3 and Comcast, Comcast and Akamai, which had previously delivered Netflix's streaming video, had a commercial arrangement, a source close to Comcast confirmed. In other words, instead of swapping traffic between Comcast and Akamai for free, Comcast charged Akamai a fee to deliver its traffic including the Netflix video content.

    Notice that the dispute is not between Comcast and Netflix -- it's between Comcast and Level3, which doesn't create content, only owns pipes. Level3 and Comcast have a "peer" agreement; they generate a similar amount of traffic, so they accept each others' traffic for free. That's a typical arrangement. However, this was before Netflix changed CDN from Akamai to Level3. Akamai sends much more traffic to Comcast than it receives, so it pays Comcast for receiving the traffic. That's also a typical arrangement. Now that Neflix will be going over Level3 instead, Comcast is just trying to negotiate the same deal w/ Level3 as with Comcast:

    "Comcast offered Level 3 the same terms it offers to Level 3's CDN competitors for the same traffic," Waz said. "But Level 3 is trying to undercut its CDN competitors by claiming it's entitled to be treated differently and trying to force Comcast to give Level 3 unlimited and highly imbalanced traffic and shift all the cost onto Comcast and its customers."

    Net neutrality may be an important issue, but it's not the issue here.

    --

    TCP: Why the Internet is full of SYN.

    1. Re:This is not about Net Neutrality by timeOday · · Score: 4, Insightful
      If the problem were simply an imbalance between Comcast and L3, then Comcast could demand payment to make up the shortfall. But if, as appears to be the case, Comcast threatens to resolve this by targeting video traffic specifically (which in practice means netflix), then they're in the wrong.

      Net Neutrality shouldn't mean giving as much bandwidth to anybody as they want, for free. It should mean not targeting specific packets on the basis of content, including whether they're "video packets" etc.

  11. Re:The only free market is the black market by makomk · · Score: 4, Insightful

    As soon as authority gets involved in commerce, the market ceases to be free, and falls prey to regulation and rent-seeking.

    That may be true, but there's a catch. There's a minimum amount of "authority getting involved" required to have a free market in the first place - you need stuff like courts and police and land ownership. It turns out that minimum level is also enough that the market will inevitably cease to be free and fall prey to rent-seeking.

    Not only that, but both regulation and rent-seeking can occur for reasons other than Government intervention. Take a look at how the stock market functions, for example - the vast majority of both regulation and rent-seeking is carried out by the stock market owners themselves. The Government regulations tend to be restricted to eliminating fraud, and fraud has no place in a free market anyway. Alternatively, look at scientific journals.

  12. Here's what's going on by geoffrobinson · · Score: 5, Interesting

    Full disclosure: I worked in a Comcast department that helped to determine what future internet bandwidth requirement were going to be. They fired me for reasons I don't feel like getting into, I'll try to give an unbiased account of what I think their thinking is.

    Honestly, Comcast is extremely frugal. This can be both good and bad. In 2008, Wall Street types were encouraging them to take on a lot more debt before the debt bubble popped.

    They do a lot of things in order to free up bandwidth and to satisfy bandwidth demand. It's not like they are sitting on their butts and collecting money. But what they are not going to do is put fiber optics straight to your home, which would be the clearest way to expand the amount of bandwidth. That is extremely expensive and only Verizon is doing that. No other telco is doing that.

    When they are converting analog channels to digital, they are doing that to free up bandwidth. They are trying to roll out Switch Digital Video in order to free up bandwidth (80 or so channels which barely anyone watches in a given service group will be swapped in and out when needed). They split off customers into different service groups to mitigate this as well. They are constantly monitoring this and a lot of hard work goes into this.

    What I think is going on is not that they are worried about cable revenues going down (and I think they know that it is inevitable) but they are freaking out about an increase in web video eating up all their bandwidth. I can't be certain about this. But you have to also understand a corporation has several different parts. One part might not care about something while another part may view Netflix as an existential threat.

    So while I would love to bash Comcast because I feel they screwed me over, I can't sit here and tell you that they aren't doing anything.

    However, Verizon does have a superior product in my opinion which works better for reasons I could get into. But that basically comes down to the fact they don't have much legacy equipment on their system and they went with fiber-to-the-home instead of fiber-to-the-neighborhood.

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.