| Here's the part that doesn't make sense to me, and hopefully someone can explain it: Netflix pays Level 3 and Cogent to connect them to Comcast's network. Comcast claims that only the Level 3 connection is saturated, and that Netflix is sending all their bandwidth over Level 3 because it's cheaper for them. Doesn't Level 3 buy a contract from Comcast that says "we get to send this much data per month"? If Netflix (or Level 3) tries to push more data through that, which causes congestion, it seems like a contractual fact that Comcast is either holding up their end of the bargain or not. If that's true, and assuming that Comcast is transferring the contractually agreed upon part, isn't this actually Netflix and Level 3's fault? Isn't it reasonable to assume that Netflix would need to either use another entry point into Comcast's network, or build one? If Netflix/Level 3 congest one entry point, so movies stream slowly for Comcast users, it doesn't seem like Comcast is being unneutral, in the sense of packet inspection and routing based on content/source. The problem seems upstream from the last mile networks, and it's very unclear to me whose fault it is, and if this even has anything to do with net neutrality at all (it doesn't seem to). Please correct me where I'm wrong, I'm sure I am! |
However, you must remember that every single packet that Level 3 sends to the Comcast network is a packet that was requested BY A COMCAST CUSTOMER. Level 3 isn't just deciding to send a bunch of traffic over Comcasts network, they are sending the data requested by Comcast customers to that network.
This is an important distinction, and is usually part of all of these 'settlement-free' peering arrangements. In agreeing to peer with Level 3, I am sure Comcast has an agreement that they will not send any traffic to Comcast's network that is not actually destined for a Comcast customer. Now, if Level 3 were sending traffic to Comcast and expecting Comcast to route, for free, that traffic to another 3rd part network, that would NOT be kosher, and Comcast could fairly ask for either money or for Level 3 to stop sending that traffic to them.
Level 3 is ONLY sending the traffic to Comcast that Comcast is requesting; it is THEIR customers who are creating this demand for Level 3's customer's content. Comcast told their customers that for $X per month, they would get Y amount of internet bandwidth, which will in almost all cases be traffic originating from a non-Comcast network; that is just the nature of the internet. Even though Level 3 is willing to send the data that Comcast's customers want to the Comcast network for free (settlement free), Comcast is instead refusing to accept all the traffic that their own customers are requesting and demanding additional payment to provide the service they already sold and are paid for.