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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