WASHINGTON (CBSDC) — The first official net neutrality complaint has been filed with the Federal Communications Commission and it’s against Time Warner Cable.

The Washington Post reports Commercial Network Services – a San Diego-based company – filed the complaint against Time Warner on Monday, claiming “that it’s being charged unjust rates to deliver its streaming Web cam video to consumers.”

Commercial Network Services is seeking to have Time Warner carry its traffic for free, but Time Warner says the company doesn’t qualify for a “settlement-free deal.”

“Most companies like Commercial Network Services purchase transit service from one of the many commercial operators that interconnect with Time Warner Cable, and such transit providers have ample capacity available at low, market-based rates. TWC also offers comparable transit service at a competitive price,” Time Warner told The Register.

“TWC’s interconnection practices are not only ‘just and reasonable’ as required by the FCC, but consistent with the practices of all major ISPs and well-established industry standards. We are confident that the FCC will reject any complaint that is premised on the notion that every edge provider around the globe is entitled to enter into a settlement-free peering arrangement.”

Barry Bahrami, chief executive for Commercial Network Services, said in the complaint that Time Warner “is acting as gatekeeper and degrading our ability to exercise free expression.”

“TWC’s management policy is restricting the open exchange of Internet traffic,” the complaint reads, according to The Post.

The complaint states that Time Warner is “violating the No Paid Prioritization rule.”

“TWC has repeatedly refused to peer and instead offered ‘a commercial transit arrangement that will provide you with a functionally equivalent solution,” the complaint reads, according to The Register. “By requiring any payment to peer at a common public Internet exchange (a management policy), TWC is violating the No Paid Prioritization rule thru the creation of a paid fast lane to Broadband Internet Access Service (BIAS) subscribers on their network by way of their peering policy.”

The FCC will now have to decide what to do about the complaint.

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