All the talk about ratios is a red herring… The real issue boils down to this:

1.      The access (eyeball) networks don’t want to bear the cost of delivering 
what they promised to their customers.
2.      This is because when they built their business models, they didn’t 
expect their customers to use nearly as much
        of their promised bandwidth as they are now using. Most of the models 
were constructed around the idea that
        a customer receiving, say 27mbps down/7mbps up would use all of that 
bandwidth in short bursts and mostly
        use less than a megabit.
3.      New services have been developed (streaming video, et al.) which have 
created an increasing demand from
        customers for more of the bandwidth they were sold.
4.      Instead of raising the prices to the access network customers or 
accepting that the lavish profits that they eyeball
        networks had been pocketing were no more, the access networks are 
trying to slough off the costs of delivering
        that higher fraction of what they sold onto someone else.
5.      The content providers looked like an easy target with the advantage 
that:
        A.      Some of them appear to have deep pockets.
        B.      They are the competition for many of the access network’s other 
lines of business, so increasing their costs
                helps make them less competitive.
        C.      Consumers are emotional about price increases. Content 
providers look at it as a business problem and
                perform a mathematical analysis. If their customer satisfaction 
impact costs more than paying the extortion
                from the access networks, they’ll pay it.

In reality, if the $ACCESS_PROVIDERS wanted to satisfy their customers, they’d 
be aggressively seeking to peer with content providers in as many locations as 
possible. They might (reasonably) require content providers to build out to 
additional locations to keep their long-haul costs down (It’s reasonable, IMHO, 
for a content provider not to want to carry multiple gigabits of traffic from a 
content provider clear across the country for free. If $CONTENT_PROVIDER wants 
to access California customers of $ACCESS_PROVIDER, then it’s reasonable for 
$ACCESS_PROVIDER to insist that $CONTENT_PROVIDER peer in California for 
delivering those bits.)

Neither side of this issue has completely clean hands. Both have been trying to 
take as much of the money on the table for themselves with limited regard for 
serving the consumer. The Access Networks have done a far worse job of serving 
the consumer than the content providers and that’s a big part of what is 
driving the current backlash. As a general rule, access customers don’t select 
the provider they love the most, they select the one they think sucks the least.

I think the recent FCC NPRM is a bit optimistic in that it expects the 
$ACCESS_PROVIDERS to act in good faith. If they do, it will likely turn out to 
be a limited victory for the $ACCESS_PROVIDERS. However, I don’t expect the 
$ACCESS_PROVIDERS to live within that limited victory. Assuming the NRPM 
becomes rule and then withstands the likely legal challenges, I expect they 
will, as usual, play in the gray areas of the ruling as much as they think they 
legally can and push the edges as far as possible to try and extort every 
dollar they can from $CONTENT_PROVIDERS with this so-called fast-lane (which we 
all know is just preferential peering and/or QoS[1] tuning).  I suspect they 
will likely push this far enough that over the next several years, things will 
get progressively worse until the FCC finally decides that they have to move 
from section 706 to Title II.

OTOH, if I’m wrong and the $ACCESS_PROVIDERS suddenly start behaving like 
civilized companies, develop a sudden concern for their customers’ experiences, 
and start unimaginably acting in good faith, the proposed rule wouldn’t be so 
bad for $CONTENT_PROVIDERS, $CONSUMERS, or $ACCESS_PROVIDERS. 

Of course, you can already see the $ACCESS_PROVIDERS laying the groundwork to 
try and mount a legal challenge against the FCC’s authority to use rule 706. 
Sadly, some of this groundwork is being laid by FCC commissioners. Said 
commissioners clearly have no interest in representing the people’s interest 
and are strictly there as mouth-pieces for some of the big players in the 
industry.

Owen

[1] QoS — A deceptive name if ever there was one. QoS is not about Quality of 
Service, it’s about screwing over network users by choice rather than by chance 
when you haven’t built an adequate network.


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