40
DNS and caching satisfy this test because both services
facilitate use of the network without altering the fundamental
character of the telecommunications service. DNS does so by
“allow[ing] more efficient use of the telecommunications
network by facilitating accurate and efficient routing from the
end user to the receiving party.” Id. at 5768 ¶ 368. Caching
qualifies because it “enabl[es] the user to obtain more rapid
retrieval of information through the network.” Id. at 5770
¶ 372 (internal quotation marks omitted). US Telecom does
not challenge the applicability of the adjunct-to-basic
standard, nor does it give us any reason to believe that the
Commission’s application of that standard was unreasonable.
See GTE Service Corp. v. FCC, 224 F.3d 768, 772 (D.C. Cir.
2000) (“[W]e will defer to the [Commission’s] interpretation
of [the Communications Act] if it is reasonable in light of the
text, the structure, and the purpose of [the Communications
Act].”).
As to US Telecom’s second point, the Commission
justified treating third-party DNS and caching services
differently on the ground that when such services are
“provided on a stand-alone basis by entities other than the
provider of Internet access service[,] . . . there would be no
telecommunications service to which [the services are]
adjunct.” 2015 Open Internet Order, 30 FCC Rcd. at 5769
¶ 370 n.1046. Again, US Telecom has given us no basis for
questioning the reasonableness of this conclusion. Once a
carrier uses a service that would ordinarily be an information
service—such as DNS or caching—to manage a
telecommunications service, that service no longer qualifies
as an information service under the Communications Act.
The same service, though, when unconnected to a
telecommunications service, remains an information service.
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات