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Retail ISPs may have an incentive to “discipline...

Retail ISPs may have an incentive to “discipline and punish upstream ISPs, content distributors and content creators that refused to pay a surcharge,” Pennsylvania State University law professor Rob Frieden told several FCC officials at the closed portion of a…

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net neutrality regulation workshop May 30, said an ex parte filing posted Tuesday to docket 14-28 (http://bit.ly/1kighad). ISPs have several options to provide “enhancements to conventional ‘best efforts’ routing of traffic,” Frieden said. “Better than best efforts” routing is a form of price and quality-of-service discrimination, but such paid prioritization can occur without making it possible for ISPs to engage in unreasonable discrimination unblocking of traffic, he said. Content distribution networks and negotiation between content providers and ISPs provide interconnection alternatives to the traditional peering and transiting arrangements, he said. Due to risk of “artificial congestion and other tactics to leverage, or coworkers higher payments” that may result in more disputes, the commission should require ISPs to disclose interconnection arrangements that deviate from the traditional “best efforts” standard, he said. “ISPs have solidified their control over the Internet ecosystem, despite the conventional wisdom that content rules,” Frieden said in an attached presentation (http://bit.ly/1kigtq7). The presentation was part of a two-day agency symposium on the future of broadband regulation (CD May 30 p9)).