"It" refers to the set of problems the FCC could 'fix', which given its tools, are all 'not broken'.
<wankery>: Netflix is demanded by consumers, and Comcast effectively fails to deliver that capability. Comcast would be foolish to ignore that failure unless their cost of solving it is expected to exceed potential revenue loss. Being a local monopoly limits their potential revenue loss. Being regulated limits their potential revenue loss for the same reason. </wankery>
IMHO US Congress and by extension the FCC have no authority to regulate anything other than wide area EM spectrum. (I doubt the cartoonist subscribes to this)
I'm painfully aware that Comcast wishes everyone to use their (IMHO crappy) VOD service (viva Roku). They could desire this for entirely technical reasons, it might be cheaper to operate than supplying the bandwidth for Netflix (possibly because Comcast throttles their own VOD service in a more intelligent manner / uses higher compression / etc).
If Comcast is having to decide between dropping non-live video data to ... ensure VOIP is serviced, then I choose the phone user over the video user.
and the VOD corruption problem goes both ways:
"So as much as Netflix wants to make this into a net neutrally issue, it’s a business issue. Netflix has alternatives, they chose not to use them. One could also argue that, by Netflix not routing around the performance issues with Cogent, the end result is that it forces the ISP to take angry calls from consumers. And if the ISP gets enough of those calls, maybe the ISP would then agree to join Netflix’s Open Connect program and allow Netflix to come into the ISPs last mile to place their own servers."