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I dont see how they can get in trouble for not providing their advertised speeds so long as the speed degradation only occurs outside of their direct network.

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Are you choosing to ignore the fact that Level3 has offered to pay for the equipment and labor to upgrade their peering point and the ISP has refused, or are you choosing to imagine that the peering point is outside of that ISP's "direct network"?

Either way you cut it, the ISP is in the wrong. The peering point is 100% within their control, and Level3 has gone above and beyond to try to ease congestion, the ISP has outright refused.

How on earth can you side with the ISP on this - do you work for one?

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