66
2.
Mobile petitioners next challenge the Commission’s
understanding of “interconnected service.” That term, too, is
an integral part of the definition of commercial mobile
service.
A commercial mobile service must “make[]
interconnected service available . . . to the public or to . . . a
substantial portion of the public.” 47 U.S.C. § 332(d)(1).
And “interconnected service” is “service that is
interconnected with the public switched network.” Id.
§ 332(d)(2). As with the phrase “public switched network,”
Congress gave the Commission express authority to define the
term “interconnected service.” Id.
The Commission has defined “interconnected service” as
a service “that gives subscribers the capability to
communicate to or receive communication from all other
users on the public switched network.” 47 C.F.R. § 20.3
(prior version effective through June 11, 2015); see 2015
Open Internet Order, 30 FCC Rcd. at 5779 ¶ 390. (We note
that, in the 2015 Order, the Commission excised the word
“all” from that definition. But as we explain below, the
Commission considered that adjustment a purely conforming
one with no substantive effect; we use the prior language to
confirm that mobile broadband would qualify as
interconnected service regardless of the Commission’s
adjustment.)
The question under the Commission’s definition of
“interconnected service,” then, is whether mobile broadband
“gives subscribers the capability to communicate to or receive
communication from all other users on the public switched
network” as redefined to encompass devices using both IP
addresses and telephone numbers. 47 C.F.R. § 20.3 (prior
version effective through June 11, 2015). The Commission
reasonably found that mobile broadband gives users that
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