Looks like the FCC is going to decide who's at fault. I'm pretty sure Verizon is not going to be happy when their private records become public information. Verizon will have a very hard time spinning the fact they did not upgrade their network for the hopes of getting more money from Netflix. There will be some nonsense about Netflix paying their fair share that Verizon will claim.
Also Verizon slid to to the bottom half of Netfix's USA ISP Speed Index:
#10 Verizon down 2 places