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supplied information.” In re Amendment of Section 64.702
of the Commission’s Rules and Regulations (“Computer II”),
77 F.C.C. 2d 384, 420 ¶ 96 (1980). Enhanced services
consisted of “any offering over the telecommunications
network which is more than a basic transmission service,” for
example, one in which “computer processing applications are
used to act on the content, code, protocol, and other aspects of
the subscriber’s information,” such as voicemail. Id. at 420
¶ 97. The rules subjected basic services, but not enhanced
services, to common carrier treatment under Title II of the
Communications Act. Id. at 387 ¶¶ 5–7. Among other things,
Title II requires that carriers “furnish . . . communication
service upon reasonable request,” 47 U.S.C. § 201(a), engage
in no “unjust or unreasonable discrimination in charges,
practices, classifications, regulations, facilities, or services,”
id. § 202(a), and charge “just and reasonable” rates, id.
§ 201(b).
The Computer II rules also recognized a third category of
services, “adjunct-to-basic” services: enhanced services, such
as “speed dialing, call forwarding, [and] computer-provided
directory assistance,” that facilitated use of a basic service.
See In re Implementation of the Non-Accounting Safeguards
(“Non-Accounting Safeguards Order”), 11 FCC Rcd. 21,905,
21,958 ¶ 107 n.245 (1996).
Although adjunct-to-basic
services fell within the definition of enhanced services, the
Commission nonetheless treated them as basic because of
their role in facilitating basic services. See Computer II, 77
F.C.C. 2d at 421 ¶ 98 (explaining that the Commission would
not treat as an enhanced service those services used to
“facilitate [consumers’] use of traditional telephone
services”).
Fifteen years later, Congress, borrowing heavily from the
Computer II framework, enacted the Telecommunications Act
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