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Press Release -- December 9th, 2015
Source: Cogent Communications, Deutsche Telecom AG

Cogent Communications Sues Deutsche Telekom for Congesting Internet Connections

WASHINGTON, Dec. 8, 2015 /PRNewswire/ — Cogent Communications Holdings, Inc.’s (CCOI) principal operating subsidiary, Cogent Communications, Inc., one of the largest Internet service providers in the world, today sued Deutsche Telekom A.G. in U.S. federal court in Virginia for breach of contract. The lawsuit is based on Deutsche Telekom congesting its Internet connections with Cogent. “Deutsche Telekom has interfered with the free flow of Internet traffic between Cogent customers and Deutsche Telekom customers by refusing to increase the capacity of the interconnection ports that allow the exchange of traffic,” said Robert Beury, Cogent’s Chief Legal Officer. Mr. Beury added:  “The congestion results in degraded service to customers of both companies. Deutsche Telekom is using its market power as the dominant provider of residential Internet service in Germany in an attempt to extract a toll, directly or indirectly, from companies in the U.S. that provide Internet services that Deutsche Telekom’s customers want to use. This particularly harms smaller U.S. companies that cannot afford to locate Internet servers in Europe where they can directly connect to Deutsche Telekom and avoid the congestion.”

Internet Traffic Exchange Between Cogent and Deutsche Telekom at Frankfurt - 2015

The graphs show the flow of traffic between the two networks at interconnection points in Frankfurt, Germany and Ashburn, Virginia. Points where the blue line approaches the top of the chart indicate times when traffic congestion is occurring and packets of data are being dropped. Normally, capacity would be increased so that traffic rarely exceeds 70% of capacity (i.e. 14 Gbps in Frankfurt and 7 Gbps in Ashburn, VA).

Cogent is represented by Boies, Schiller, and Flexner LLP. Robert Cooper, the partner at the firm in charge of the litigation said, “Deutsche Telekom, by turning its back on its historical course of dealing with Cogent and industry norms, has violated its contractual obligations to Cogent and its obligations as a participant in the Internet.” Cogent’s lawsuit seeks an order from the court forcing Deutsche Telekom to increase its capacity at interconnection points to alleviate the congestion, as well as damages.

About Cogent Communications
Cogent Communications (CCOI) is a multinational, Tier 1 facilities-based ISP, consistently ranked as one of the top five Internet backbone networks in the world.  Cogent specializes in providing businesses with high speed Internet access, Ethernet transport and colocation services. Cogent’s facilities-based, all-optical IP network provides services in 190 markets globally.

Since its inception, Cogent has unleashed the benefits of IP technology, building one of the largest and highest capacity IP networks in the world.  This network enables Cogent to offer large bandwidth connections at highly competitive prices.  Cogent also offers superior customer support by virtue of its end-to-end control of service delivery and network monitoring.

Cogent Communications is headquartered at 2450 N St, NW, Washington, D.C. 20037. For more information, visit Cogent Communications can be reached in the United States at (202) 295-4200 or via email at

Information in this release may involve expectations, beliefs, plans, intentions or strategies regarding the future.  These forward-looking statements involve risks and uncertainties.  All forward-looking statements included in this release are based upon information available to Cogent Communications Holdings, Inc. as of the date of the release, and we assume no obligation to update any such forward-looking statement.  The statements in this release are not guarantees of future performance and actual results could differ materially from our current expectations.  Numerous factors could cause or contribute to such differences.  Some of the factors and risks associated with our business are discussed in Cogent’s registration statements filed with the Securities and Exchange Commission and in its other reports filed from time to time with the SEC.

Internet Traffic Exchange Between Cogent and Deutsche Telekom at Ashburn, VA - 2015

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