57
commercial mobile service or the functional equivalent of a
commercial mobile service, as specified by regulation by the
Commission.” Id. § 332(d)(3).
Because private mobile service is a residual category
defined in relation to commercial mobile service, the
definition of commercial mobile service is the operative one
for our purposes. There is no dispute that mobile broadband
meets three of the four parts of the statutory definition of
commercial mobile service. Mobile broadband is a “mobile
service”; it “is provided for profit”; and it is available “to the
public” or “a substantial portion of the public.”
Id.
§ 332(d)(1). In those respects, mobile broadband bears the
hallmarks of a commercial—and hence not a private—mobile
service. The sole remaining question is whether mobile
broadband also “makes interconnected service available.” Id.
The statute defines “interconnected service” as “service
that is interconnected with the public switched network (as
such terms are defined by regulation by the Commission).”
Id. § 332(d)(2). Until the Order, the Commission in turn
defined the “public switched network” as a set of telephone
(cellular and landline) networks, with users’ ten-digit
telephone numbers making up the interconnected endpoints of
the network. Specifically, “public switched network” meant
“[a]ny common carrier switched network . . . that use[s] the
North American Numbering Plan in connection with the
provision of switched services.” 47 C.F.R. § 20.3 (prior
version effective through June 11, 2015). The “North
American Numbering Plan” (NANP) is the ten-digit
telephone numbering plan used in the United States. See In re
Implementation
of
Sections 3(n) & 332 of the
Communications Act (“1994 Order”), 9 FCC Rcd. 1411, 1437
¶ 60 n.116 (1994).
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات