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service—and the interconnection arrangements necessary to
provide it—as a telecommunications service.
IV.
We now turn to the Commission’s treatment of mobile
broadband service, i.e., high-speed internet access for mobile
devices such as smartphones and tablets. As explained above,
the Commission permissibly found that mobile broadband—
like all broadband—is a telecommunications service subject
to common carrier regulation under Title II of the
Communications Act. We address here a second set of
provisions that pertain to the treatment of mobile broadband
as common carriage.
Those provisions, found in Title III of the
Communications Act, segregate “mobile services” into two,
mutually exclusive categories: “commercial mobile services”
and “private mobile services.” 47 U.S.C. § 332(c). Providers
of commercial mobile services—mobile services that are,
among other things, available “to the public” or “a substantial
portion of the public”—are subject to common carrier
regulation. Id. § 332(c)(1), (d)(1). Providers of private
mobile services, by contrast, “shall not . . . be treated as []
common carrier[s].” Id. § 332(c)(2).
In 2007, the Commission initially classified mobile
broadband as a private mobile service. At the time, the
Commission considered mobile broadband a “nascent”
service. 2007 Wireless Order, 22 FCC Rcd. at 5922 ¶ 59. In
the 2015 Order we now review, the Commission found that,
“[i]n sharp contrast to 2007,” the “mobile broadband
marketplace has evolved such that hundreds of millions of
consumers now use mobile broadband to access the Internet.”
2015 Open Internet Order, 30 FCC Rcd. at 5785 ¶ 398. The
Commission thus concluded that “today’s mobile broadband
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