Given the lack of monopoly power in all but a handful of local access markets, the lack of leverage a broadband service provider wields over a content provider, the lack of a proven record of discrimination, and given certain technological constraints relating to hdtv, it is unlikely that the major broadband service providers would be willing to embrace the nondiscrimination conditions from the Cable Act. They simply want compensation for providing a service (enhanced qos) that has a positive marginal cost. In addition, they want to avoid having to use only expanded physical infrastructure to meet what Bret Swanson in the Wall Street Journal recently called the “coming exaflood” of bandwidth-intensive applications, including video sharing, medical imaging, and digital surveillance. Because of this dilemma, broadband service providers, and the analysts who cover them, are genuinely worried about avoiding a traffic jam on the Internet that threatens to undermine everyone’s Internet experience.