centurylink chi2 and level3 -- network issues

Is anyone else having network issue over the past week with centurylink and their peer level3?

I spoke with centurylinks noc team. They are not being helpful and blame level3. I'm seeing period of high packet loss and poor throughput speeds. From what I can tell. Its a problem between qwest and level3 border routers.

  Host Loss% Snt Last Avg Best Wrst StDev
2. cer-core-02.inet.qwest.net 0.0% 663 0.5 0.8 0.4 35.0 2.9
  3. vlan52.ebr2.Chicago2.Level3.net 2.7% 662 196.0 196.5 192.2 209.2 1.5
  4. ???
  5. ae-46-46.ebr2.Washington1.Level3 1.8% 662 196.8 196.0 191.2 201.1 1.1
[not the complete traceroute]

At the moment, I moved most of my traffic from centurylink. The remaining services are being greatly impacted by the poor network performance.

What do you think my next steps should be?

Any advice would be greatly appreciated.

- Nick

CL is an upstream of our provider. We complained about this to our provider, and our upstream complained to CL. CL's response was that this is an oversubscription problem due to a CL customer violating its ToS, and CL's lawyers were involved.

That was two or three months ago.