Who 'foots' the bill.
This kind of ties in with the recent threads about the Netflix/Verizon spat on El Reg. There were discussions about where the "fault" lies and I did raise the question about peering arrangements and who actually should pay for what.
I recall that you certainly did.
Netflix 'foots the bill' for the 'fat pipe' to the ISP, then Netflix has every right to say how it is used
if the ISP 'foots the bill' for a fatter pipe, then Netflix can go out and fuck itself
if they agree to 'split' the bill, then that may be a reasonable commercial arrangement
It all depends on who blinks first, or gets their nuts squeezed by a regulator first.