Peering - Law and Policy

Law and Policy

Internet interconnection is not regulated in the same way that public telephone network interconnection is regulated. Nevertheless, Internet interconnection has been the subject of several areas of federal policy. Perhaps the most dramatic example of this is the attempted MCI Worldcom/Sprint merger. In this case, the Department of Justice blocked the merger specifically because of the impact of the merger on the Internet backbone market (thereby requiring MCI to divest itself of its successful "internetMCI" business to gain approval). In 2001, the Federal Communications Commission's advisory committee, the Network Reliability and Interoperability Council recommended that Internet backbones publish their peering policies, something that they had been hesitant to do beforehand. The FCC has also reviewed competition in the backbone market in its Section 706 proceedings which review whether advanced telecommunications are being provided to all Americans in a reasonable and timely manner.

Finally, Internet interconnection has become an issue in the international arena under something known as the International Charging Arrangements for Internet Services (ICAIS). In the ICAIS debate, countries underserved by Internet backbones have complained that it is unfair that they must pay the full cost of connecting to an Internet exchange point in a different country, frequently the United States. These advocates argue that Internet interconnection should work like international telephone interconnection, with each party paying half of the cost. Those who argue against ICAIS point out that much of the problem would be solved by building local exchange points. A significant amount of the traffic, it is argued, that is brought to the US and exchanged then leaves the US, using US exchange points as switching offices but not terminating in the US. In some worst-case scenarios, traffic from one side of a street is brought to all the way to Miami, exchanged, and then returned to another side of the street. Countries with liberalized telecommunications and open markets, where competition between backbone providers occurs, tend to oppose ICAIS.