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>It should be on Comcast to ensure their network can get their customers the data they want.

I agree in spirit, but how do you make the distinction? If Cogent has poor connectivity to the wider Internet, is it on Comcast to fix that?

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Cogent has been trying to upgrade their connection to Comcast and Comcast has been stalling working with Cogent for months. It's pretty clear cut in this case. A rule when the CDN and the ISP already have a direct connection is not overly unreasonable. Comcast customers are requesting a large amount of data from Cogent, Cogent tries to work with Comcast to improve the existing connection, Comcast refuses.

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