Buffer bloat continues to cause latency problems for all kinds of network traffic, e.g., internet protocol traffic. Implementing network based control of packet upstream packet discards enables a scheduler of packets to manage congestion, instead of the network element with bloat. In embodiments, a cable modem termination system may schedule delivery of packets and, after receiving the scheduled packets, discarding packets. The cable modem termination system may determine when to discard a packet based on a detected backlog of data in a cable modem upstream flow queue. For example, a late discard of such packets may be based on information in a schedule request received from the network element.