The incidence of the communication cost (the manner in which the communication cost is shared between buyer and seller) is not a design choice: it is endogenous and depends only on the preferences of network users. The liability should be imposed so as to minimize such compliance costs. Different liability allocations will result in different compliance (accounting, collection, and verification) costs. The liability for communication costs (obligation to collect and submit the communication cost) may be imposed by the network owner on senders (sellers of information) and/or on receivers (buyers of information). Incidence and liability for communication (network usage) costs are two distinct issues. There are several means to discourage the monopolistic inefficiencies due to the withholding of capacity: by making congestion pricing a revenue neutral process by giving displaced users or their proxies the congestion fees, or by making users joint owners of the bandwidth resource and thus joint claimants to the congestion revenue, or by assessing both an access fee and a congestion fee (i.e., a two part tariff), or by having competition for bandwidth provision. Such a strategy of withholding capacity is analogous to the monopolist's strategy of choosing an output quantity smaller than that which corresponds to marginal cost intersecting the consumers' demand curve. Congestion can be caused by withholding capacity, which on the Internet, can be achieved by strategically not building capacity, or by hiding capacity from routers by deliberate non-advertisement of routes or by route blocking, or by self dealing whereby the owner of capacity buys back a portion of her own capacity.
The recipient of congestion pricing revenue has an incentive to cause congestion in order to collect more revenue.
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