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AT&T and Verizon lose bid to maintain secrecy of French interconnection deals

AT&T and Verizon have failed in their attempt to block the French telecoms regulator from examining their secret interconnection agreements - deals that may be key to the erosion of net neutrality.

GigaOM David Meyer

Context & Ripple Effects

AT&T and Verizon took their case against France's telecoms regulator ARCEP rather than let it read interconnection agreements they keep confidential — and lost. That a procedural fight by two American carriers in Paris was carried by ARCEP's own site plus CNET and Engadget on the same day shows how far the story traveled: the deals at issue decide who pays whom to connect networks, the plumbing beneath the net neutrality fight.

Reporting at the time ties precisely this kind of secret interconnection agreement to the erosion of net neutrality, which is why the carriers fought to keep the documents out of a regulator's hands. With no prior arc in this corpus, the significance rests on the ruling itself: a national regulator has established that carrier confidentiality does not shield interconnection terms from examination.

First-order effects

  • ARCEP can now inspect the confidential pricing and traffic-handling terms in AT&T's and Verizon's French interconnection agreements, removing the secrecy the two carriers had treated as a condition of doing business there.
  • Operators and content providers that peer with either carrier in France gain a regulator-held evidentiary record of the exact terms they were negotiated against.

Second-order effects

  • Other European regulators now have a worked precedent for demanding the same documents, forcing AT&T and Verizon to choose between country-by-country disclosure fights and accepting standardized transparency.
  • Transit and content companies paying for termination acquire grounds to challenge discriminatory or preferential rates once the terms are visible to a regulator.

Third-order effects

  • If regulators follow ARCEP's lead, paid interconnection shifts from private contract toward regulated conduct — the same fault line running through the wider net neutrality debate over whether network operators can sell privileged access.
  • Multinational carriers facing divergent national regimes may converge on their most transparent interconnection policy globally rather than defend secrecy jurisdiction by jurisdiction, though whether that happens depends on other regulators asserting the same power.

The trend: Interconnection is moving from confidential commercial dealing toward regulatory transparency, as national authorities assert oversight over the agreements that determine how traffic — and money — crosses network boundaries.