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Chronicles

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Comcast: Neflix degraded its Comcast streams, seeks to shift its costs onto all Internet users

Comcast Response to Netflix  —  Netflix's argument is a House of Cards.  But there is no need for us to engage in a point-counterpoint with Netflix to demonstrate the continued distortions and inaccuracies on which it relies.

Comcast Voices Blog Jennifer Khoury

Context & Ripple Effects

This spat is two years old and escalating: Netflix CEO Reed Hastings first called out Comcast on net neutrality in 2012, and in February 2014 Netflix agreed to pay Comcast for faster streaming connections after months of degraded performance. Comcast's blog post is its counterattack now that Netflix has gone from customer to adversary — formally opposing the pending Time Warner Cable merger on anticompetitive-leverage grounds.

The playbook echoes Comcast's 2010 fight with Level 3, when the company likewise cast itself as the reasonable party in an interconnection dispute while accusing the counterpart of grandstanding. What makes this round different is the merger on the table: Netflix's opposition filing turns a commercial peering argument into ammunition in an antitrust review, which is why Comcast is answering point-by-point rather than letting the deal speak for itself.

First-order effects

  • Netflix's merger opposition rests on a story of deliberate degradation plus double charging; Comcast's rebuttal directly targets that story, because if regulators accept the degradation narrative the Time Warner Cable deal's anticompetitive-leverage argument gains a concrete exhibit.

Second-order effects

  • Netflix's newly announced $1–2 monthly price increase for new subscribers hands each side fresh material: Comcast can argue consumers already pay Netflix once, while Netflix can fold interconnection fees into its pricing rationale.

Third-order effects

  • If every big-content/ISP peering fight migrates into merger filings, antitrust reviews — not the FCC's open-internet rules — become the primary venue where interconnection terms get adjudicated, a pattern Comcast set with the Level 3 standoff in 2010.

The trend: Paid peering is converting ISP-versus-content-provider congestion disputes into recurring regulatory battlegrounds, with each major broadband merger giving the weaker side a filing to weaponize.