Netflix recently said it will offer what it calls Super HD and 3D content—but only to customers whose Internet service providers agree to use Netflix's "Open Connect" content delivery network.

Cablevision, Virgin Media, British Telecom, Google Fiber, and others are on board. Time Warner is apparently negotiating with Netflix to connect to the private network, but it complains that its customers should get access to the crisper content without having to be a part of Netflix's CDN. “While they call it ‘Open Connect,’ Netflix is actually closing off access to some of its content while seeking unprecedented preferential treatment from ISPs,” Time Warner Cable said in a statement to Multichannel News. "We believe it is wrong for Netflix to withhold any content formats from our subscribers and the subscribers of many other ISPs. Time Warner Cable’s network is more than capable of delivering this content to Netflix subscribers today.”

Super HD is 1080p, but higher quality than Netflix's regular 1080p content. It requires 5Mbps download speeds at minimum and 7Mbps to get the best available quality. Netflix isn't charging ISPs to be part of its private network, but the ISPs do have to meet a list of requirements. For example, the ISP must connect to the same peering locations as used by the Netflix network and establish connections of at least 10Gbps. By requiring the use of its own network, Multichannel News notes that "Netflix saves money on third-party CDN transit fees by connecting directly with ISPs."

Netflix customers on ISP networks that aren't part of Open Connect will see the message "Your Internet provider is not configured for Super HD yet" at Netflix's Super HD page. "Please contact your Internet Provider to request that they join the Netflix Open Connect Network so you can get Super HD."

Netflix responded to Time Warner's accusation, telling Multichannel News that "Open Connect provides Netflix data at no cost to the location the ISP desires and doesn't seek preferential treatment. We hope Time Warner [Cable] will join the many major ISPs around the world who are participating in Open Connect to reduce costs, minimize congestion and improve data delivery to enhance the consumer experience."

At least one advocacy group agrees with Time Warner's position. The Competitive Enterprise Institute's Communications Liberty and Innovation Project—which typically opposes network neutrality requirements—accused Netflix of trying to "coerce ISPs into paying for a free Internet fast lane for Netflix content."

"With its 'Open Connect' model, Netflix is withholding content from the customers of ISPs that decline to accede to its demands," the group said. "Though the details of its demands are unknown, it appears Netflix is requiring that ISPs 'peer' with them or pay for the installation of Netflix equipment inside their networks as well as the ongoing costs of operating that equipment."