If the ISP is letting a connection become saturated in order to place pressure on a third party provider to provide settlement, they are doing so at the cost of any other providers running over those trunks. Since switching to AT&T, I've noticed decreased Netflix performance and sometimes Imgur loads like I'm on dial-up again. I haven't checked the routes but it has me wondering if it's shared congestion. To your point, I'm not sure this is a moral hazard yet but it does seem like one of those things that could be very bad for the customer and the ISP can simply get away with it due to lack of competition.
I have two net connections, and both are generally reliable, but I've noticed that the DSL connection (over Windstream) is very slow for certain sites like imgur and tumblr and AWS, so I've set those to use the cable modem (Time Warner) connection, where they work great.
Since I have 2 connections I definitely have competition in my area. (Wireless is another option.) So I don't get why if a connection has issues, it's always the DSL one, and always with certain other sites.
Because the two have different physical limitations. DSL is strongly limited by distance to a cabinet, and most people can't get any better than 7mbit/s, 20 if you're lucky. Thus, DSL provides no pressure on cable, and the only reasons people use DSL are because they get it bundled with their phone and TV service, or because they got fed up with the cable company and switched to a lesser service out of frustration.
In areas where something actually competitive is available, cable companies rush to improve bandwidth, or offer two-year contract deals at undercut prices to try to outlive the competition, then jack the prices back up when the competition goes bankrupt.
> only reasons people use DSL are because they get it bundled with their phone and TV service
Some people use DSL because they're happy with DSL. DSL can be had for cheaper, and many people do not need the higher speeds of cable. HN readers and other geeks who dominate these online discussions assume that everyone is like them and that they need the fastest speed possible while sneering at any available alternative that is "just" 7 megabits. 7 megabits gets you instant page loads on any website. Sure it't not as good if you want to stream four movies to your house at once...but not everyone needs that.
The fact is that Comcast is right when they point out that they do face competition, not only from DSL but also from other services such as wireless. That you and many other people do not like these alternatives does not mean they do not exist. Many people find them to be perfectly adequate and for them the other services are the best value.
Honestly, I've had one connection or the other completely fail, and (aside from the weird issues above) I sometimes haven't noticed for a few days, despite heavy Netflix streaming on 2 devices. Whatever is going on in my local market, to me it seems to be functioning well.
