Cogent has been trying to upgrade their connection to Comcast and Comcast has been stalling working with Cogent for months. It's pretty clear cut in this case. A rule when the CDN and the ISP already have a direct connection is not overly unreasonable. Comcast customers are requesting a large amount of data from Cogent, Cogent tries to work with Comcast to improve the existing connection, Comcast refuses.