Are Netflix and YouTube part of BIAS if they have a private distribution networks that never touch the public backbone? If, say, TWC outsourced its VoIP management to Skype as an exclusive, would that violate NN? The FCC’s Open Internet Advisory Committee (before the rules were struck down) were considering questions like this. It’s essentially arguing about metaphysics whether something is BIAS or managed. It’s an interesting discussion but the FCC invented the distinction in the net neutrality proceedings and during the Comcast-NBCU merger. I didn’t want to explore it here because there’s little benefit.

“The service providers in this country wants to make the minimal investment while maximize their profit. They are entitled to do this, but not at our expense.”

Okay, but that tells us nothing about how costs should be apportioned. Netflix and Google want the same thing.