Level 3: Genachowski Has Not Foreclosed FCC Action

Level 3 -- which is in a dispute with Comcast over pricing of its peering, or not peering, depending on whom you ask, deal with Comcast -- said that Federal Communications Commission Chairman Julius Genachowski has not foreclosed FCC action.

In a Hill hearing, Rep Marsha Blackburn (R-TN) cited the Level 3 complaint and asked Chairman Genachowski whether the FCC's network neutrality rules apply to peering agreements. He said no, that the order does not change peering agreements and applies only to network access service for consumers and small businesses. He called the Level 3 dispute a commercial one outside of the FCC, and one the FCC didn't have facts and data on. While that appeared to some to close the matter, Level 3 said it did not. "In responding, Chairman Genachowski was careful to say that he did not have an opinion about [the specific dispute], pointing out accurately that the Level 3/Comcast dispute is not yet before the FCC and that the FCC has collected no facts about the dispute. Instead, he stated that the Open Internet Order does not affect ‘peering agreements,' but does regulate Internet access service provided to consumers and small businesses," which is what Level 3 argues it is providing.