67
“capability.” See 2015 Open Internet Order, 30 FCC Rcd. at
5779–80 ¶¶ 390–91, 5785–86 ¶ 398, 5787 ¶ 401.
As an initial matter, there is no dispute about the
“capability” of mobile broadband subscribers to
“communicate to” other mobile broadband users. As the
Commission explained in the Order—and as is undisputed—
“mobile broadband . . . gives its users the capability to send
and receive communications from all other users of the
Internet.” Id. at 5785 ¶ 398. The remaining issue for the
Commission therefore concerned communications from
mobile broadband users to telephone users: whether mobile
broadband “gives subscribers the capability to communicate
to” users via telephone numbers. 47 C.F.R. § 20.3. The
Commission concluded that it does.
Specifically, the Commission determined that mobile
broadband gives a subscriber the capability to communicate
with a telephone user through the use of Voice over Internet
Protocol (VoIP) applications. See 2015 Open Internet Order,
30 FCC Rcd. at 5786–87 ¶¶ 400–01. (Skype, FaceTime, and
Google Voice and Hangouts are popular examples of VoIP
applications.) VoIP technology enables a mobile broadband
user to send a voice call from her IP address to the recipient’s
telephone number. As a result, a mobile broadband user with
a VoIP application on her tablet can call her friend’s home
phone number even if the caller’s tablet lacks cellular voice
access (and thus has no assigned telephone number). When
she dials her friend’s telephone number, the VoIP service
sends the call from her tablet’s IP address over the mobile
broadband network to connect to the telephone network and,
ultimately, to her friend’s home phone. As such, mobile
broadband, through VoIP, “gives subscribers the capability to
communicate to” telephone users. 47 C.F.R. § 20.3.
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