FCC wants to play referee in Netflix v. Comcast, Verizon fight

The Federal Communications Commission (FCC) has demanded access to private peering agreements between Netflix and Comcast as well as between Netflix and Verizon. The agreements are central to an ongoing dispute between the internet service providers and Netflix regarding the speed at which the streaming video is delivered to consumers.

Netfix and its customers have been upset for some time about the congestion in the networks of Verizon and Comcast, which causes slow speeds and buffering for Netflix users. The speed at which Netflix content was delivered fell for several consecutive months before Netflix paid for peering agreements with the two networks, allowing the company to have a direct line to the service provider. Since the terms of these agreements are not public, the FCC is looking into them to ensure that the companies are not harming consumers.

"We are looking under the hood. Consumers want transparency, they want answers, and so do I," said [PDF] FCC chairman Tom Wheeler. "The bottom line is that consumers need to understand what is occurring when the Internet service they've paid for does not adequately deliver the content they desire, especially content they've also paid for."

The FCC said that that this investigation is not directly related to net neutrality, but it is seeking input about whether any new rules proposed should cover this issue as well. Netflix has requested that the commission require internet service providers to provide the type of interconnection currently negotiated through peering agreements at no cost. Verizon disagrees.

"Internet traffic exchange has always been handled through commercial agreements. This has worked well for the Internet ecosystem and consumers," said Verizon in a statement. "We are hopeful that policy makers will recognize this fact and that the Internet will continue to be the engine of growth of the global economy."

FCC officials are currently refraining from taking sides in the issue.

"To be clear, what we are doing right now is collecting information, not regulating," Wheeler said.

Netflix also accused Comcast and Verizon of refusing to make inexpensive upgrades to their network backbones to accommodate the high traffic the company receives. Netflix even went so far as to display a unique message to Verizon customers when network congestion causes a video to be interrupted:

"The Verizon network is crowded right now. Adjusting video for smoother playback."

Verizon responded to the message with a cease and desist letter ordering Netflix to take down the message. Netflix complied, but made it clear that it would continue to communicate the issue to its customers. Netflix also posted information showing the speed at which the service is delivered through different networks, with Verizon most recently placed dead last out of the 16 major ISPs analyzed.

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