I wish I had a link to review this but I don't think that's the case. As I recall, Netflix published data showing that there wasn't actually a bandwidth problem and they offered to upgrade the equipment. They've ended up paying Verizon which is what verizon was really after.
Level3 had a number of blog posts under the "open internet" category about their view of it. I believe this is the post where I gleaned the information from[0].
