Level 3 and Cogent ask FCC for protection against ISP "tolls"

Several days after Netflix CEO Reed hastings called out for new Net Neutrality rules, both network operators Level 3 Communications and Cogent filed comments with the FCC to outline proposals for the new rules. Level 3, Cogent, complain that ISPs are abusing their market power, since customers often have little to no choice of Internet provider. That means there's only one path for Netflix traffic to reach consumers, at least over the last mile.

"Level 3 urges the Commission to protect the Internet from this abuse, by ensuring that bottleneck ISPs, which control the only means of Internet access to millions of consumers, are not permitted to impose these arbitrary access charges," Level 3's filing said. "That does not mean that ISPs should not be able to offer-and charge for-CDN, transit, or other services to edge providers and others. Rather, the Commission should declare that large bottleneck ISPs, in addition to offering any commercial services they chose to make available, must also exchange Internet traffic on commercially reasonable terms without imposing access charges. That is, ISPs should be permitted to charge other providers for services they provide, but they may not charge fees simply for the privilege of accessing that ISP's customers."

"Level 3 does not here propose to define (and the Commission need not define at the outset) every potentially commercially reasonable approach to interconnection," the company said. "But the Commission should set out some principles for, and examples of, commercial reasonableness."

Level 3 also said it should be factored into the net neutrality discussion because congestion caused by peering issues can adversely affect VoIP calls, access to OTT video apps and other video streaming services, as well as "interactive" Web browsing tied to banking transaction, accessing medical records or using social networking services.

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