Time Warner Cable’s IPV4 and IPV6 Settlement-Free Peering Policy

1. Overview

Time Warner Cable (“TWC”) has developed this Settlement Free Peering Policy (“Policy”) as guidance to those candidates (“Candidates”) seeking to interconnect their Internet Network(s) with TWC’s Internet Network(s) at mutually-agreed upon Demarcation Points on a settlement-free basis. TWC will select its Candidates taking into consideration, among other factors, cost, port availability and bandwidth capacity at specific locations, and the overall strategic benefit TWC will experience with the connections. Each Peering connection must provide a roughly equivalent tangible benefit to both TWC and the Candidate. The Candidate must meet the criteria set forth in this Policy for no less than three (3) consecutive months in order to qualify for a settlement-free Peering relationship; however, satisfying the technical and operational requirements in this Policy does not guarantee a settlement-free Peering relationship with TWC. All requests for settlement-free Peering with TWC should be directed to peering@twcable.com.

Further, in an attempt to accurately measure and forecast traffic ratios, traffic rates, and to determine geography where the Internet traffic would be entering and exiting any Demarcation Points to be established between TWC and the Candidate, TWC may require a trial connection with the Candidate. Such a trial will only occur pursuant to a “Settlement-Free Peering Trial Agreement.” A successful Peering trial does not guarantee that TWC will agree to a Peering relationship with such Candidate. If a Candidate’s Internet Network does not meet TWC’s requirements as set forth herein, and the Candidate remains interested in connecting directly to TWC’s network on a paid settlement basis, those requests may also be directed to peering@twcable.com. For avoidance of doubt, this Policy does not address requests for the exchange of IP-enabled voice traffic.

2. Basic Definitions

  • “Affiliate” means (i) any of Time Warner Cable Inc. (“TWC”), Time Warner Entertainment Company, L.P. (“TWE”), Time Warner NY Cable LLC (“TW NY”), Time Warner Entertainment-Advance/Newhouse Partnership (“TWEAN”); or (ii) any other corporation, partnership, joint venture, trust, joint stock company or other entity as to which any one or more of TWC, TWE, TWNY or TWEAN owns or controls at least twenty-five percent (25%) of the voting securities of such entity.
  • “Autonomous System Number” or “ASN” means a Border Gateway Protocol autonomous system number that uniquely identifies each Internet Network.
  • “Border Gateway Protocol 4” or “BGP4” means protocol used to exchange routing information between collaborating routers on the Internet.
  • “Candidate” means a party seeking to exchange Internet traffic on a settlement-free basis with TWC’s Internet Network in North America.
  • “Demarcation Point” means the place where two Internet Networks are connected by dedicated bandwidth for the purpose of exchanging On-Net Peering traffic.
  • “Internet Network” means a communications network running TCP/IP and other Internet protocols. The Internet Network provided by TWC shall include the AS7843 and any other ASN operated by TWC or any Affiliate (“TWCIN).
  • ”On-Net” means that all traffic must originate from direct bona fide paying customers of Candidate who purchase and use access to all of Candidate’s Routes.
  • “Peering” is the interaction between two distinct ASN’s using BGP to exchange TCP/IP routing information between service providers operating Internet Networks
  • “Route” means a specific path along which data is directed on the public Internet and/or on either party’s Internet Network.
  • “95th Percentile” usage shall be measured monthly on a port-by-port basis and on a 95th percentile peak usage basis. SNMP bandwidth monitoring will sample both directions of traffic at each connection point (port) (i.e., record a data point reflecting how much bandwidth is utilized at that particular instance) every five (5) minutes and store such samples for a period of one (1) month. At the end of each calendar month, the data samples are collected and sorted from highest to lowest usage. The highest fifth percentile (5%) for each direction of usage are discarded, and the greater direction of traffic shall be the “95th Percentile peak usage” number.

3. Technical Requirements

  • ASN requirements: Candidate’s Internet Network must have a single ASN for all traffic destined to the TWCIN.
  • Network Capacity Requirements: Candidate must run a minimum of hundred (100) Gigabits of Internet Network capacity between all Demarcation Points.
  • Scope of Internet Network: Candidate must have a national Internet Network with Internet traffic termination (“IP POPs”) in a minimum of eight (8) major metropolitan statistical areas located in at least the following three (3) U.S. time zones: Eastern, Pacific, and Central time zones. Furthermore, Candidate must operate metro and regional networks that span diverse portions of the North American market with extensive last mile infrastructure in residential and commercial facilities.
  • Demarcation Points: Candidate must meet the TWCIN at a minimum of four (4) mutually agreeable geographically diverse Demarcation Points in the United States. Such Demarcation Points must include at least one (1) city on the U.S. east coast, one (1) city in the central region, and one (1) city on the U.S. west coast. Locations must be in common facilities where TWC and the Candidate have an established presence in order to exchange On-Net Peering traffic.
  • Traffic Rates: Candidate’s traffic to/from the TWCIN must be On-Net Peering traffic only, and its traffic volume must sustain a monthly average of ten (10) Gigabits in the dominant direction.
  • Traffic Ratios: Candidate must maintain a traffic scale between its Internet Network and that of the TWCIN that enables a general balance of inbound versus outbound traffic. The network cost burden for carrying traffic between Internet Networks shall be such that a Peering traffic ratio measured at 95% Percentile is justified by both parties.
  • Candidate must provide its own 24-hour peak and average traffic volume statistics at each Demarcation Point. The quantity and speed of circuits between the TWCIN and Candidate’s Internet Network will be determined by TWC utilizing the methodology described in Section 3(f) above, and will be reviewed periodically.
  • No Purchasers of Dedicated Internet Services: Candidate may not purchase dedicated Internet services from TWC and maintain settlement-free Peering with TWC simultaneously.
  • Full Customer Routes: Candidate must carry full customer Internet Routes in interconnect routers, and announce consistent Internet Routes using BGP4 at all Demarcation Points unless otherwise agreed upon by the parties. Candidate will not advertise to the TWCIN at any Demarcation Point full Internet Routes, Routes learned from other non-customer connections of Candidate, Routes previously advertised by the TWCIN to Candidate, or Routes advertised by TWC to any common customers or other peers of Candidate.
  • Candidate shall not be permitted to sell to third parties any direct IP transit services that consist only or mostly of TWCIN Routes or prefixes that contain TWCIN ASNs specifically in the ASN attributes for any prefix.
  • No Route of Last Resort: Candidate must not establish a Route of last resort (i.e., default Route) directed toward the TWCIN.
  • Third Party Routes: Candidate may not advertise third party Routes that allow direct traffic exchange (in either direction) between the TWCIN and bona fide paying customers of the Candidate without first traversing Candidate’s Internet Network. Candidate must filter Route announcements for its customers by prefix to be limited to Routes registered for use by Candidate’s bona fide paying customers.
  • Candidate shall not abuse the Peering relationship by engaging in activities including, but not limited to, forwarding traffic for destinations not explicitly advertised by TWC, resetting next-hop attributes, selling or giving next-hop to any third parties, forwarding anything other than On-Net Internet traffic, or otherwise imposing a disproportionate network cost or burden on the TWCIN.
  • Transit Autonomous Systems: Candidate will provide transit services to at least five hundred (500) unique Internet Networks/Autonomous Systems.
  • Unique Routes: Candidate must announce a minimum of two thousand (2000) unique Internet Routes (using /24 or larger aggregates for IPv4).
  • Traffic Mixes: Candidate’s traffic must be On-Net traffic originating from bona fide paying customers on its Internet Network for access to all of Candidate’s Internet Routes, and must present a general balance of traffic consistent with the profile of traffic typically delivered to TWCIN by others having a reciprocal Peering arrangement with TWC in that market.
  • Candidates seeking a Peering relationship with TWC in the United States must agree to provide a reciprocal Peering arrangement with TWC in the Candidate’s home market if not also the United States.

4. Operational Requirements

  • Candidate must have a fully staffed, 24x7x365, network operations center (“NOC”).
  • Candidate must provide at least forty-eight (48) hours’ prior notice to the TWC NOC for any planned or scheduled maintenance activities.
  • Candidate must provide trouble reporting and escalation procedures to TWC and agree to repair or otherwise remedy any problems within a reasonable timeframe. TWC must have the ability to open trouble tickets with Candidate. Candidate must cooperate with TWC to resolve security incidents, denial of service attacks, and other technical or operational problems.

5. Access to Records

  • This Policy is only a guideline. TWC reserves the right to decline any request or enter into a Peering relationship with any Candidate, whether or not they meet the requirements of this Policy.
  • A Peering relationship will only occur if TWC and Candidate reach agreement on the terms of a separate Settlement-Free Peering Agreement, and then only for as long as such Settlement-Free Peering Agreement remains in effect.
  • In the event that a separate Settlement-Free Peering Agreement and/or Settlement-Free Peering Trial Agreement are entered into, this Policy will be deemed to be incorporated therein by this reference and made a material component thereof; provided that any conflict or inconsistency between the terms of this Policy and the terms of the Settlement-Free Peering (or Trial) Agreement, the conflicting or inconsistent terms contained in the Settlement-Free Peering (or Trial) Agreement shall govern.
  • TWC maintains the right to change this Policy at any time without written notification. It is the responsibility of Candidate to maintain compliance with this Policy, as it may be amended from time to time.
  • TWC will periodically review its Peering relationships to ensure that joint capacity planning intervals are appropriate for traffic patterns, contacts are refreshed for operations purposes, and all criteria continue to be met.
  • Send Peering inquiries to peering@twcable.com.
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