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Netflix to FCC: reclassify Comcast and Verizon so they can't choke the internet

Netflix came out swinging in its submission to the FCC over proposed internet “fast lanes,” arguing Wednesday that this would be a bad idea and that the agency should instead focus on forcing broadband providers …

Gigaom Jeff John Roberts

Context & Ripple Effects

This filing is the escalation of a fight Netflix has been running since its chief executive first called out Comcast on net neutrality in April 2012, and it lands squarely against the path FCC chair Tom Wheeler laid out when he said ISPs should be able to charge Netflix for a fast lane back in December 2013. Netflix's argument is that paid priority is unnecessary if the agency does its actual job: reclassifying Comcast and Verizon so they cannot choke traffic in the first place.

The timing is pointed. In June, both Verizon and Comcast blamed Netflix for slowing its own streams — flipping Netflix's interconnection complaints back on it — so this submission is Netflix's answer on the regulator's turf rather than in the press. Notably, the story traveled unusually wide on pickup day, with write-ups from Ars Technica, The Verge, Techdirt and DSLreports, and even Comcast's own blog responding to the proposal.

First-order effects

  • Comcast and Verizon now face an FCC comment docket where the country's largest traffic source is formally arguing for reclassification that would strip their discretion over throttling and paid prioritization.
  • Netflix shifts its net-neutrality campaign from public statements into the formal rulemaking record, forcing Wheeler's proposed fast-lane framework to be defended against its biggest intended customer.

Second-order effects

  • ISPs' counter-strategy of blaming Netflix's own delivery performance — the line Verizon and Comcast took last month — gets tested publicly, because reclassification would move the dispute over whose network is at fault into an adjudicable regulatory forum.
  • Other edge providers and content companies gain a template: if Netflix's filing gains traction, rivals can piggyback on the same reclassification argument instead of negotiating individual interconnection deals.

Third-order effects

  • If the FCC accepts the reclassification logic, broadband moves from light-touch toward common-carrier treatment, converting peering disputes between content companies and access providers from private commercial bargaining into regulated conduct.
  • The pattern points toward recurring filings by edge providers shaping successive FCC dockets — each complaint cycle expanding what the agency is asked to oversee on ISP networks.

The trend: Content companies are moving net-neutrality advocacy from public pressure campaigns into formal FCC rulemaking, pushing regulators toward utility-style oversight of broadband carriers.