Jun 06, 2014 08:40 AM EDT
Verizon to Netflix: Stop Blaming Us For Slow Download Speeds

Verizon has sent a cease-and-desist letter to Netflix demanding that the popular streaming service stop sending messages to customers saying Verizon's crowded network is at fault for slow download speeds.

"There is no basis to assert that issues with respect to playback of any particular video session are attributable solely to the Verizon network," said Verizon general counsel Randal Milch to Netflix's chief lawyer, David Hyman, according to USA Today. "Verizon demands that Netflix immediately cease and desist from providing any such further 'notices' to users of the Verizon network."

Verizon is also demanding that Netflix submit evidence documenting its claim within five days.

If the company fails to provide this information, Netflix may pursue legal remedies, according to the report.

Netflix spokesman Joris Evers responded to the letter in a tweet on June 5.

The issue started with a tweet on May 3 when a user tried to stream a movie on Netflix when a message flashed on the buffering screen saying "The Verizon network is crowded right now. Adjusting video for smoother playback."

The user tweeted the screen image to his followers and Netflix soon confirmed that it had sent the message.

"We are testing ways to let consumers know how their Netflix experience is being affected by congestion on their broadband provider's network," Netflix spokesman Jonathan Friedland said via e-mail, according to USA Today. "At present, we are testing in the U.S. in areas serviced by many broadband providers."

Verizon called the message a "PR stunt" by Netflix, and issued a more specific response with the letter, saying that "there are many different factors that can affect traffic on the Internet, including choices by Netflix in how to connect to its customers and deliver content to them."

Connections between in-home wiring, Wi-Fi, multiple networks, and device settings can also contribute to slowing speeds, Milch said, according to USA Today.

The issue comes as some surprise considering the two companies signed a deal just a month ago to improve their customers' experience when watching Netflix content.

The deal, which is similar to the one Netflix signed with Comcast, would have Netflix pay to connect directly to Verizon's network.

Verizon says the agreement will go forward, and it is busy installing equipment in 13 cities, with a small group trial taking place currently in Dallas, according to USA Today. They plan to complete the work before the end of 2014.

"Netflix relies on a panoply of content-distribution and other middle-man networks to reach its customers, trying to lower its costs as much as possible," Milch said. "The cost/quality trade-off is one Netflix has chosen."

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