Commercial Network Services, a small San Diego-based IT services and webcam provider, filed a net neutrality complaint against Time Warner Cable.
The filing is the first complaint the FCC received since its open Internet rules went into effect on June 12.
The Washington Post first reported last week CNS intended to file a complaint.
CNS claims TWC is routing its traffic over more congested routes unless it pays up to TWC.
“TWC is acting as a gatekeeper and degrading our ability to exercise free expression,” the complaint said. “We are standing at three of their doors and they are not opening any of them without payment,” CNS wrote in its complaint.
Time Warner Cable said in a statement that CNS is not entitled to take part in the industry practice of settlement-free peering and that its practices are consistent with well-established industry practices.
“Most companies like Commercial Network Services purchase transit service from one of the many commercial operators that interconnect with Time Warner Cable, and such transit providers have ample capacity available at low, market-based rates. TWC also offers comparable transit service at a competitive price,” TWC said. “TWC’s interconnection practices are not only ‘just and reasonable’ as required by the FCC, but consistent with the practices of all major ISPs and well-established industry standards.”
The FCC’s open Internet rules aren’t clear when it comes to interconnection disputes. The agency said it will look at interconnection complaints on a case by case basis and apply a “reasonable and non-discriminatory” standard.