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Stop Comcast from blocking Netflix!

EMERGENCY PETITION TO FCC CHAIR JULIUS GENACHOWSKI:

[float=right]IMAGE(http://img.skitch.com/20101130-mwhdyp7nf2gc9tqh2sikxg4f6k.preview.png)[/float]"Don't let Comcast block Netflix or other online innovators for their own profit! Support the strongest Net Neutrality protections possible -- and keep Obama's promise."

SIGN THE PETITION

The New York Times posted yesterday:

Level 3 Communications, a central partner in the Netflix online movie service, accused Comcast on Monday of charging a new fee that puts Internet video companies at a competitive disadvantage.

Level 3, which helps to deliver Netflix’s streaming movies, said Comcast had effectively erected a tollbooth that “threatens the open Internet,” and indicated that it would seek government intervention...

The dispute highlighted the growing importance of Internet video delivery — an area that some people say needs to be monitored more closely by regulators.

Net neutrality, which posits that Internet traffic should be free of any interference from network operators like Comcast, is thought to be on the December agenda of the Federal Communications Commission.

“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,” Thomas C. Stortz, the chief legal officer for Level 3, said in a statement Monday...

...under pressure from Comcast, “Level 3 agreed to the terms, under protest, in order to ensure customers did not experience any disruptions,” Mr. Stortz said...Mr. Stortz implied that Comcast was taking the action to impair companies that compete with its own cable and Internet services.

...On Monday night, public interest groups that have steadfastly opposed the combination of Comcast and NBC Universal argued that the Level 3 case proved that Comcast would discriminate against competitors if it could.

“On its face, this is the sort of toll booth between residential subscribers and the content of their choice that a net neutrality rule is supposed to prohibit,” said Harold Feld, legal director of one such group, Public Knowledge, in a statement.

Bottom line: If this new fee isn't paid, Comcast will block Netflix. Sign the petition telling the FCC to stop this type of abuse -- and protect Net Neutrality.

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Comments

Well, if Level 3 doesn't pay, then Comcast is just going to pass on the costs of web traffic delivery to us customers. As someone who doesn't have Netflix, I'd rather have the Netflix customers pay Netflix, who pays Level 3, who pays Comcast, than have ME subsidize the Netflix users by paying a higher Comcast bill.

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All web traffic should be neutral. I pay for a certain amount of bandwidth per month (just as every customer does), and i should be able to use it however i want without any additional fee's/regardless what the content is. As long as i am not going over any limits set by comcast, they have no right to charge more for netflix, than say hulu.

If this happens i will switch to RCN. I cannot support these actions anymore.

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Or Comcast will just raise your rates regardless. After all, they have a monopoly and many cities and municipalities.

Look bud, I love Capitalism too, but the show Comcast and other ISP's is running isn't it. They make huge profits off the fact that they're the only competition in town.

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Or, you know, Comcast just shouldn't be charging the fee in the first place, because it's anti-competitive?

Also, why should people who use Netflix but who don't use Comcast, like myself, pay more because one cable company is throwing a hissy over losing in the free market?

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Who runs the cable to your house? Who fixes the cable lines when they break? I have never seen a Netflix truck on the streets!

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And the original issue comes back up: How the hell is the Comcast-NBC buyout not a violation of anti-trust regulations?!?!?!

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It's a little more complicated than that. L3 is pushing more traffic onto Comcast than Comcast is sending back to L3, therefore Comcast wants cash to make up the difference. This is how most interenet providers operate. If traffic is equal, everything is ok, but if one provider is sending the majority of the traffic money needs to be exchanged.

I've got no love for Comcast (go Fios), but not every business decision is evil.

http://www.engadget.com/2010/11/29/comcast-level-3...

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WASHINGTON – Level 3 Communications Inc., an Internet backbone company that supports Netflix Inc.'s increasingly popular movie streaming service, complained Monday that cable giant Comcast Corp. is charging it an unfair fee for the right to send data to its subscribers.

Comcast replied it is being swamped by a flood of data and needs to be paid.

Level 3 said it agreed to pay under protest, but that the fee violates the principles of an "open Internet." It also goes against the Federal Communications Commission's proposed rules preventing broadband Internet providers from favoring certain types of traffic, it said.

read more

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Level 3 Communications makes those full body scanners being put in airports now- and they spread cash around Congress for that purpose. I'm canceling Comcast and was gonna get a netflix box- but now I can't even do that. Won't give money to a company making this country a creepy place.

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Um, no. No they don't. That's not even the industry they're in.

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. . . I must have a different L3 Communications in mind.

http://www.foxnews.com/politics/2010/11/23/tsa-bod...

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Confusingly similar...I just googled and got this:

TSA body scanners are:
http://www.l-3com.com/

While the Netflix folks are:
http://www.level3.com/

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Yes, you clearly do have a different company in mind. One is called L-3 Communications. The other one is called Level 3 Communications. They are not the same.

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a Netflix Box now. Good to know- even if red faced.

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It seems to be an easy mistake to make: one is Level 3 Communications, the other is Level-3 Communications Holdings (the backscatterers). To make things worse, I believe both do have contracts with the TSA, but for entirely different services (Netflix's L3 helps the TSA push data...I think).

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Actually, some Googling reveals the problem:

http://en.wikipedia.org/wiki/L-3_Communications

Different companies entirely.

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The "Netflix box" is actually a Roku box. It streams more than just Netflix. TV's, DVD and Blueray players now have Netflix pre-installed, as well as Nintendo Wii.

I don't think it's so much as wanting to charge websites that stream, it's streaming to the TV bypassing the cable. I haven't had cable or satellite for years. I just watch "channels" on my Roku or DVD's. DVD rentals bypass cable/satellite companies also. CBS, NBC, ABC, SYFY...etc stream their shows directly to Comcast customers also.

What's next? Are they going to go after movie theatres for showing movies to their customers?

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Comcast claims that they have to support all the extra traffic caused by streaming flix and that's a valid argument. If that's the case, then they could charge customers for how much traffic they utilize and it would make sense. Tiered pricing is a big topic with smartphones and I'm surprised it never really became that big an issue with home accounts. Occasionally, a big downloader would get a warning from an ISP, and that's about it.

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A "valid argument"? That's just the sort of thing that an astroturfer would say.

But to your argument for tiered pricing: Comcast already has tiers based on speed in megabits per second (the scheme that replaced "Unlimited Internet" all those years ago, remember?). The problem for Comcast (and Verizon, RCN, etc.) is that the encoded Netflix streams require far less bandwidth than most ISP's existing base speed tiers.

What's the solution? Pull the rug out from underneath customers again -- reduce the tiers! Introduce metered pricing! Try to force customers to take overpriced cable bundles and PPV!

The Comcast tactics that we're now hearing about show how desperate the company is. They've encountered a very disruptive business model and competitor for its cable TV arm, and ultimately there's not much they can do that will turn the clock back to the pre-Netflix days. There will always be a better algorithm, wireless technology, or a la carte TV model that further undercuts the Comcast/Xfinity tiers.

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Metered pricing is incredibly objectionable: it's essentially a tax on not using Comcast's own services. Which I don't want to use because they're not nearly as good a value or as high a quality as Netflix.

Ideas like this is why A) I use RCN and B) why I'm working towards cutting the cable entirely. I already have a PS3 with Netflix, Hulu+, the Sony video store, and a huge DVD collection.

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Meanwhile, you're taxing Comcast's Web-providing services with heavy Netflix loads.

One of the interesting quirks of the Netflix streaming business model is that it relies on consumers to purchase a service -- high-speed Internet -- in order to access it. Netflix shouldn't expect that it gets a level playing field with cable TV when the former does not have the last-mile distribution network.

Of course Comcast is making lots of profit off its Internet and its everything. That's why businesses operate, and sometimes they should have lower prices. But the basic idea of a tiered model -- heavy users pay more -- makes perfect sense as long as bandwidth actually costs something.

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Meanwhile, you're taxing Comcast's Web-providing services with heavy Netflix loads.

Yes, it's so taxed that Comcast wants to offer exactly the same service.

This isn't a question of architecture or usage. If Comcast couldn't easily handle the traffic with no problem, we'd be having an entirely different discussion. But they can.

One of the interesting quirks of the Netflix streaming business model is that it relies on consumers to purchase a service -- high-speed Internet -- in order to access it.

That's like saying it's a quirk that Netflix expects its users to have electricity. Internet is a utility at this point.

Netflix shouldn't expect that it gets a level playing field with cable TV when the former does not have the last-mile distribution network.

Yes, actually, it should. Because there are dozens of other streaming services and websites, ranging from Hulu to Joost to actual network website streaming video content, and none of them are being charged. Comcast isn't demanding this of Apple, or from any of the sports streaming services, or from Hulu +. Vudu isn't subject to this.

In fact, Comcast's main business is paying other people to stream THEIR video. Comcast pays retransmission fees to every single network they carry. If everybody switched to streaming-only tomorrow, Comcast would save billions.

Netflix isn't the only game in town by a long shot: it's just the biggest.

Meanwhile, Comcast IS the only game in town for many Netflix customers. If there were competition, it'd be fine, but there isn't.

But the basic idea of a tiered model -- heavy users pay more -- makes perfect sense as long as bandwidth actually costs something.

No, it doesn't.

Let me remind you that the free market has already dumped this idea: there were plenty of limited bandwidth services back in the '90s and early 2000s. They're all dead. Every last one. Turns out people wanted unlimited Internet.

Secondly, bandwidth costs almost nothing and the cost is dropping all the time. Seriously, bandwidth is dirt. You're basically asking the electric company to charge by the electron, it's that cheap.

A major point is that absolutely none of the Netflix users are demanding bandwidth for free. Quite obviously they are more than happy to pay, and pay well, for it. They just want to use the unlimited bandwidth they're purchasing however they see fit, and Comcast is attempting to block that.

In short, there's no argument for metered usage or for the abuse of Netflix. Comcast is acting in an anti-competitive manner, no ifs, ands or buts.

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One of the interesting quirks of the Netflix streaming business model is that it relies on consumers to purchase a service -- high-speed Internet -- in order to access it. Netflix shouldn't expect that it gets a level playing field with cable TV when the former does not have the last-mile distribution network.

It is content providers like Netflix that stimulate demand for high speed Internet, which is to say Comcast gains customers because features like streaming video are a draw.

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moreover, they control the last mile, they are the the biggest in the US that controls the last mile.

they have a financial interest in selling their own PPV on-demand and not Netflix. It's called controlling the value chain.

If they merge with NBC/Universal, then they control all aspects from production to transmission to delivery. they can use the power of monopoly to charge L3 and competitors like Netflix exorbitant fees so as to favor the sale of their own content.

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Read http://arstechnica.com/old/content/2008/09/peering...

That is how ISPs work, this whole "Netflix is using too much bandwidth" is an excuse for Comcast to debate their contract with Level 3. This isn't a net neutrality issue, it's just two giant fighting over who gets our money.

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I used to be a Comcast customer, but stopped due to their very devious bill behaviors and sudden changes that are only informed in fine print. Then there's their absolutely horrid customer service. The sales people are wonderful; the service centers are a living nightmare to deal with. Comcast doesn't really care much about their current customers, because they've pretty much already got you: hook, line, and sinker.

They only offer a few tiered levels of service (mainly crappy and damn fast), which effectively forces customers to subscribe to a level of access that is no where near what they really need or will use. 15mbps is way more than most users will ever need, unless it's a household with multiple nodes downloading / uploading simultaneously (and yes, 15 mbps is WAY more than you think you need). I have an Xbox 360 (using Xbox Live), a laptop (used for simple Internet searching), and a beast of a tower (used for gaming, downloading, uploading, streaming), which all use a single 11 mbps connection (single router) with little to no interruptions. Those who fit into the market of using more data transfers than Comcast hoped for are minute compared to the rest of the customers that don't use anywhere near the traffic they pay for, thus making Comcast more money than they should if everyone used the full potential. But Comcast is only going to use those small number of big fishers to support their claim, as any good debater will do.

This is nothing more than them smartly anticipating that this could be an issue in the future and trying to nail it down into law now. However, it is unjust; god forbid we actually use what we pay for. I akin this to charging people more for someone who uses a season pass on a mountain more than others. A season pass is a flat rate for an entire length of a contract (contract being the season), just like what you pay now for a Comcast plan. If you use a chair lift 10 times or 100 times, you only paid the initial cost of the plan. The company issuing the season pass has to soak up the cost of operating the lift because it's in the contract. Now they make a lot of money off the people who barely use their season pass. They will technically lose money from those who use it very frequently, but again, those are minute compared to the rest of the crowd.

The less the frequent users, the more the money, and Comcast doesn't want to deal with those people who use the service they are paying for to their full potential, because they wouldn't make insane amounts of money... now it's kind of like an all-you-can-eat buffet. What? Are we going to kick out the fat kid who eats everything for hours because he's paid for all-you-can-eat and now we're saying no more? The kid paid $14.99 to get the all-you-can-eat chinese buffet and suddenly you're going to say he has to go, despite that he has done nothing wrong? I say "Hey, fatcats! Let us fat kids eat what we paid for! We pay, you provide... now let us eat."

Point is that there is a contract that has been made, and Comcast is trying to weasle out of their end of the bargin.

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Sorry, Comcast.

Maybe I'll give two shits about your side of the story when you stop pulling penny-ante bullshit moves like refusing to deliver your sports network's HD feed to other cable companies...while the CSN-exclusive Celtics games are on.

How about them apples, you slimeballs?

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It's easy to paint Comcast at the bad guy in this, but if you read a few articles then you can see that these type of contracts are quite common and the Level 3 is actually violating the one it has with Comcast. Then they turn around and wave the Net Neutrality flag. Not cool.

http://www.digitalsociety.org/2010/11/level-3-outb...

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I'll start crying for Comcast's problems with L3 when they stop dicking around the entire rest of the internet AND cable world. Otherwise, what's good for the goose is good for the gander.

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In this situation Level 3 can wave the Net Neutrality flag and I'm glad they did. I'm on the side of Net Neutrality, even if my partner has some warts.

For laughs, take a look at who's on the other side of this argument:

First, let's recap just some of the unhinged rhetoric from Beck and Limbaugh to illustrate what net neutrality is not about:

  • * On November 23, Limbaugh said that net neutrality "limit[s] the amount of conservatism that you will be able to find on the Internet."
  • * On November 22, Beck claimed the net neutrality rules are "basically a Fairness Doctrine for the Internet" and would allow the government to "control what you see on the Internet."
  • * On May 18, Limbaugh claimed that President Obama, Supreme Court Justice Elena Kagan, and Cass Sunstein want "forced neutrality" to make sure you're reading their "garbage."
  • * On May 10, Beck said that the FCC is "marching forward" with net neutrality plans, suggests it's putting a "boot on your throat"
  • * On May 6, Beck stated of net neutrality: "This will control every aspect of the Internet ... We are losing our country"
  • * On April 9, Beck claimed that net neutrality is the prelude to a "hostile takeover" of America.

Of course, Beck and Limbaugh are not the only right-wing media figures who believe that net neutrality is some sort of government plot to control Internet content. And as Media Matters has noted, Beck, Limbaugh, and the rest are simply wrong about net neutrality.

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So let's take a look at the battle between Comcast and Level 3 to show them what net neutrality is about.

Level 3 -- which helps deliver Netflix's streaming content - recently claimed that Comcast is charging an unfair fee for the right to send data to its subscribers and which puts Internet video companies at a competitive disadvantage. Thomas Stortz, Level 3's chief legal adviser, said that "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" and that the move "demonstrates the risk of a 'closed' Internet, where a retail broadband Internet access provider decides whether and how their subscribers interact with content."

In response, as the AP reported, "Comcast called Level 3's position 'duplicitous' and said a previous deal for the companies to handle traffic for each other had become unbalanced in Level 3's favor."

The dispute has put the debate over net neutrality back in the spotlight. As The New York Times noted: "The dispute highlighted the growing importance of Internet video delivery -- an area that some people say needs to be monitored more closely by regulators. Net neutrality, which posits that Internet traffic should be free of any interference from network operators like Comcast, is thought to be on the December agenda of the Federal Communications Commission."

Net neutrality proponents criticized Comcast's actions. The Media Access Project said in a statement: "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."

And as Fortune magazine blogger Seth Weintraub noted, Comcast's decision "sets a scary precedent" that could eventually hit consumers' wallets. He also argued that net neutrality "would prevent this type of corporate abuse":

This sets a scary precedent. If Comcast can charge an extra fee to Level 3 for hosting Netflix (NFLX) content, it could (and probably will at some point) charge Google (GOOG) to stream YouTube movies or Apple (AAPL) to broadcast iTunes content. Because Comcast owns the last mile, they hold the keys.

What does this mean for consumers?

This particular action by Comcast will probably reach customers in the form of increased rates for Netflix customers. Netflix has to pay more for Level 3's services so the gouging is passed to consumers.

Ironically, this move comes on the very week that President Obama's FCC Chairman Julius Genachowski will announce whether he'll fulfill Obama's promise to protect the open Internet and Net Neutrality -- which would prevent this type of corporate abuse.

The dispute between Comcast and Level 3 helps serve as reminder about what net neutrality is -- and what it isn't. Net neutrality is intended to prohibit Internet service providers from controlling access to Internet content. As the Congressional Research Service has stated, net neutrality is the principle that "owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network; and should not be able to discriminate against content provider access to that network."

Net neutrality -- despite the hyperbolic fearmongering spewed by Beck and Limbaugh -- simply is not a government plot to "control what you see on the Internet" or "limit the amount of conservatism" on the Internet. link

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... The part that I find most interesting about this current debacle is how Comcast has managed to convince people that this is a peering dispute, when in reality Comcast and Level3 have never been peers of any kind. Comcast is a FULL TRANSIT CUSTOMER of Level3, not even a paid peer. This is no different than a Comcast customer refusing to pay their cable modem bill because Comcast "sent them too much traffic" (i.e. the traffic that they requested), and then demanding that Comcast pay them instead. Comcast is essentially abusing it's (in many cases captive) customers to extort other networks into paying them if they want uncongested access. This is the kind of action that virtually BEGS for government involvement, which will probably end badly for all networks. ...

http://www.merit.edu/mail.archives/nanog/msg15068....

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It's somewhat more muddled than that. L3 is pushing more activity onto Comcast than Comcast is sending back to L3, in this way Comcast needs money to compensate for any shortfall. This is the means by which most interenet suppliers work. In the event that activity is equivalent, all is well, however in the event that one supplier is sending most of the movement cash should be traded.

I have no adoration for Comcast (go Fios), however few out of every odd business choice is underhanded.
http://www.gurgaoncompanion.com/

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