Its seems AT&T are digging themselves a bigger hole than they first thought when they made their false claims regarding p2p usage causing congestion.
http://www.dslreports.com/shownews/ATT-Backbone-Sees-20-P2P-Drop-96602?nocomment=1While many in the industry lobbyists use P2P congestion as a bogeyman to justify all manner of policy, AT&T data suggests P2P is actually declining on AT&T's network. Upstream P2P on cable networks remains a capacity problem, but it's one that may be resolved by a migration to DOCSIS 3.0. Burstein suggests the debate over throttling is all but dead:
Easily a third of AT&T's downstream traffic is now "web audio-video," far more than p2p and the gap is widening rapidly. Hulu and YouTube are taking over, while p2p is fading away on DSL networks. One likely result is that managing traffic by shaping p2p is of limited and declining use, perhaps buying a network 6 months or a year before needing an upgrade. The p2p traffic shaping debate should be almost over, because it simply won't work very much longer.
AT&T writes off that decline in P2P use as a statistical anomaly created by a heavy mix of new customers who don't use P2P. Still, it suggests that P2P isn't quite the network demon it's often painted as.
Of course we will never see any loudly made claims retracted with the same volume, but then again these figures are those they where forced to release and they will be trying their best to make the foot fit the shoe regardless of the reality.