AT&T, NCTA Join to Criticize Level 3’s Net Neutrality Position

AT&T and NCTA joined to slam arguments by Level 3 that the Internet backbone provider’s dispute over network traffic peering with Comcast is an issue of net neutrality. In a rare joint filing late Monday by the telco and the cable association, which are often at odds on other issues, they said Level 3 is trying to upend commission precedent predating December’s net neutrality order that peering isn’t subject to regulation. “As the Commission’s approach to Internet policy has evolved over the last eighteen months -- from a proposed rulemaking on net neutrality, to an inquiry on reclassification, to a net neutrality order -- it has consistently emphasized at each step along the way that it has no intention of regulating the highly competitive market for Internet peering and other Internet backbone services."

AT&T and NCTA had separately called Level 3’s dispute over peering fees with Comcast a business matter. Now they're saying it jointly and seeking FCC action on the backbone provider’s comments. Level 3 and commission representatives had no comment.

"The absence of a clear statement by the Commission rejecting Level 3’s claims and

disavowing any intent to regulate Internet peering and other Internet backbone services has

emboldened others -- including backbone operators like Global Crossing, Internet hosting

companies like Voxel.net, and interest groups like Public Knowledge -- to raise claims similar to those of Level 3,” said the filing in docket 09-191. “The Commission’s continued silence on this issue could send a troubling signal to the financial markets and the international community regarding the United States government’s intentions to exercise control over Internet infrastructure, notwithstanding the clear boundaries established” in the net neutrality order.

The FCC should “swiftly, clearly and publicly affirm” that peering deals and those for other Internet backbone services aren’t subject to net neutrality rules, and the commission will refrain from involvement “in these commercial disputes,” the filing said. That statement is “essential to the agency’s express objective of providing ‘clarity and certainty'” for ISPs, investors and consumers, said AT&T and the NCTA. “Without such a statement, Level 3 and other parties will continue to seek to draw the Commission into what have always been and should remain private negotiations for the exchange and delivery of Internet traffic.”