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others (telephone users). To the contrary, the Commission, as
explained, found that mobile broadband—through VoIP—
“gives subscribers the ability to communicate with all NANP
endpoints as well as with all users of the Internet.” 2015
Open Internet Order, 30 FCC Rcd. at 5787 ¶ 401 (emphasis
added). Once we accept that finding, as we have, we need not
consider petitioners’ argument challenging what the
Commission characterizes as merely a “conforming” change
with no independent substantive effect. See id. at 5787–88
¶ 402 & n.1175. (Specifically, the Commission notes that the
removal of “all” was meant to reiterate a carve-out that has
always existed in the regulation: another part of the definition
of “interconnected service” establishes that a service qualifies
as “interconnected” even if it “restricts access in certain
limited ways,” such as a service that blocks access to 900
numbers. Id. (quoting 47 C.F.R. § 20.3); id. at 5787 ¶ 402
n.1172.)
In the end, then, the removal of “all” is of no
consequence to the Commission’s rationale for finding that
mobile broadband constitutes an “interconnected service.”
Mobile broadband, the Commission reasonably concluded,
gives users the capability to communicate to all other users in
the newly defined public switched network, whether users
with an IP address, users with a telephone number, or users
with both. See id. at 5787 ¶ 401. Because mobile broadband
thus can be considered an interconnected service, the
Commission acted permissibly in reclassifying mobile
broadband as a commercial mobile service subject to common
carrier regulation, rather than a private mobile service
immune from such regulation.
3.
Mobile petitioners also argue that the Commission has
failed to “point to any change in the technology or
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