| Cogent Financial Problems Causing Repeated Network Outages
Cogent
Financial Troubles Affecting Network Quality (see also
Colocation Facility Ratings for the rating and reviews of this
Internet Data Center)
Cogent doesn't turn a
profit: last year the company posted a loss of $46.5 million, and it
expects to lose money again this year. Troubled Debt
Restructuring and Sale of Preferred Stock
Prior to July 31, 2003, Cogent was party to a $409 million
credit facility with Cisco Systems Capital Corporation ("Cisco
Capital"). The Cisco credit facility required compliance with
certain
financial and operational covenants. Cogent violated a financial
debt
covenant for the fourth quarter of 2002. Accordingly, Cogent was in
default and Cisco Capital was able to accelerate the loan payments
and
make the outstanding balance immediately due and payable. Cogent
had a plan to build large pipes and sell Internet service below
their cost to attract as many customers as possible. The pipe
dream, of course, turned into a nightmare. The companies built much
more capacity than customers could ever absorb, and many of the
promising upstarts failed or sought protection from bankruptcy
courts. A few, such as Global Crossing (Charts) and XO
Communications, emerged from bankruptcy (though many stockholders
were wiped out).
Cogent has tussled with a few of its competitors in the past, mostly
over concerns that Cogent essentially was "dumping" traffic onto
others' networks. Cogent has been "de-peered" on occasion by rival
ISPs France Telecom, AOL and Level 3. Large ISPs traditionally
"peer," or exchange traffic with each other for free, but a few
years ago Level 3 concluded Cogent was sending way more traffic to
Level 3 than Level 3 was sending to Cogent's network. Level 3
pulled the plug on Cogent traffic, causing the two companies
' customers to lose connections to considerable Internet content.
Some industry watchers believe the problem shows signs of dispute
over peering agreements -- deals between Internet service providers
to create a direct link to route each other's packets rather than
pay a third-party network service provider for transport.
But such agreements only make sense if the amount of traffic sent to
a partner's network is roughly equal to the amount of traffic sent
back. When it's not, one ISP may ask for money or additional transit
as compensation for the extra strain on its systems.
That may have been the case this week, one source familiar with the
situation said. If correct, it wouldn't be the first time AOL was
involved in a peering contract dust-up.
In January, AOL wanted to charge Cogent Communications approximately
$75,000 per month to keep their peering relationship intact. A
Cogent spokesman declined to discuss AOL.
At the time, Cogent said it sent to AOL three times as much traffic
as it received. AOL said that meant Cogent did not have parity with
AOL, and sought payment. Cogent argued that while it sent a lot of
traffic through AOL it was local, whereas AOL's traffic typically
travels long distances on Cogent's network, costing Cogent more.
While AOL may be the highest profile ISP to play hardball over the
pacts, it certainly isn't the only one. There have been disputes
involving others dating farther back.
Two years ago, Cable & Wireless dropped its peering agreement with
struggling backbone provider PSINet. The cancellation left C&W users
unable to access IP addresses on the PSINet network and vice versa.
A short time later, the two companies struck a deal to restore
service, but the incident exposed the downside of peering agreements
-- the fact that customers depend on good relations between rival
network operators.
AOL wouldn't comment on a peering contract dispute as a possible
cause of this week's MSN freeze. Microsoft said it made "no changes
to its services or network infrastructure."
Regardless of whether the problems were peering-related, AOL
subscribers in the United States and United Kingdom who were left
without access to Microsoft sites for a day-and-a-half this week
weren't happy.
A spokesman for AOL's high-speed Road Runner Internet service didn't
have an exact number of calls to its customer service center, but
conceded that "complaints were running faster" than normal.
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