Cogent Communications, the US-based multinational, Tier 1 facilities-based ISP, has announced that it has sued Deutsche Telekom (DT) in US federal court in Virginia, citing breach of contract. The lawsuit is based on DT allegedly congesting its internet connections with Cogent, the Washington, DC-based firm has explained. Robert Beury, Cogent’s chief legal officer, commented: ‘Deutsche Telekom has interfered with the free flow of internet traffic between Cogent customers and Deutsche Telekom customers by refusing to increase the capacity of the interconnection ports that allow the exchange of traffic … The congestion results in degraded service to customers of both companies. Deutsche Telekom is using its market power as the dominant provider of residential internet service in Germany in an attempt to extract a toll, directly or indirectly, from companies in the US that provide internet services that Deutsche Telekom’s customers want to use. This particularly harms smaller US companies that cannot afford to locate internet servers in Europe where they can directly connect to Deutsche Telekom and avoid the congestion.’
Cogent’s lawsuit seeks an order from the court forcing DT to increase its capacity at interconnection points to alleviate the congestion, as well as damages.