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Those advertisements, moreover, “link higher
transmission speeds and service reliability with enhanced
access to the Internet at large—to any ‘points’ a user may
wish to reach.” Id. at 5756 ¶ 352. For example, RCN brags
that its service is “ideal for watching Netflix,” and Verizon
touts its service as “work[ing] well for uploading and sharing
videos on YouTube.” Id. Based on the providers’ emphasis
on how useful their services are for accessing third-party
content, the Commission found that end users view broadband
service as a mechanism to transmit data of their own choosing
to their desired destination—i.e., as a telecommunications
service.
In concluding that broadband qualifies as a
telecommunications service, the Commission explained that
although broadband often relies on certain information
services to transmit content to end users, these services “do
not turn broadband Internet access service into a functionally
integrated information service” because “they fall within the
telecommunications system management exception.” Id. at
5765 ¶ 365. The Commission focused on two such services.
The first, DNS, routes end users who input the name of a
website to its numerical IP address, allowing users to reach
the website without having to remember its multidigit
address. Id. at 5766 ¶ 366. The second, caching, refers to the
process of storing copies of web content at network locations
closer to users so that they can access it more quickly. Id. at
5770 ¶ 372. The Commission found that DNS and caching fit
within the statute’s telecommunications management
exception because both services are “simply used to facilitate
the transmission of information so that users can access other
services.” Id.
Petitioners assert numerous challenges to the
Commission’s decision to reclassify broadband. Finding that
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