• Comcast and Level 3 have traded more letters in their dispute over traffic sent by Level 3 to Comcast’s subscribers. Comcast filed an ex parte at the FCC arguing that Level 3 is trying to apply the Open Internet Order to an existing interconnection agreement, despite clear language in the Order that is does not apply to those agreements. Comcast also argues that Level 3 has other transit options to reach Comcast if it does not want to connect directly to Comcast. Finally, Comcast argues that content delivery has not and will not be affected by the Comcast-Level 3 dispute, because the dispute is solely about the volume of traffic exchanged between the parties. Comcast’s letter is available here.

Level 3 recently filed two letters. The first seeks to correct the record on Chairman Genachowski’s statements about the Comcast-Level 3 dispute at the hearing held by the House Communications Subcommittee on February 16, 2011. The letter explains why Level 3’s position is appropriate. Level 3’s second letter responds to Comcast’s letter, arguing that Comcast compelled Level 3 to enter into an agreement to reach Comcast’s customers, and that Level 3 has already agreed to terms that would avoid traffic congestion. Level 3 and Comcast do agree on one thing: a desire to resolve this dispute through private negotiations rather than through government intervention. Level 3’s letters are available here and here.

  • Several groups have moved to intervene in the Verizon Wireless and MetroPCS appeals of the FCC’s Open Internet Order (D.C. Cir. Case Nos. 11-1014 and 11-1016). The groups include the National Association of State Utility Consumer Advocates, Free Press, Access Humboldt, Media Mobilizing Project, Mountain Area Information Network, Public Knowledge, the Ad Hoc Telecommunications Users Committee, and the Open Internet Coalition. The groups assert standing based on their participation in the FCC proceeding and the impact that the court’s decision will have on them.
  • The submission deadline for the FCC Open Internet Challenge is June 1, 2011. The FCC seeks ideas for monitoring Internet providers’ compliance with the Open Internet rules. The winner will get a trip to Washington, DC and will be honored at an FCC Chairman’s reception. More information can be found here.
  • The French search engine company 1plusV recently filed an antitrust complaint with the European Commission against Google based on Google’s alleged requirement that search engines use Google’s technology if the search engine wanted to use Google’s advertising service. Such a requirement limits the development of alternative search technology according to 1plusV.