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mobile service, is still subject to common carrier treatment as
the “functional equivalent” of a commercial mobile service.
See 47 U.S.C. § 332(d)(3); 2015 Open Internet Order, 30 FCC
Rcd. at 5788–90 ¶¶ 404–08.
1.
We first consider mobile petitioners’ challenge to the
Commission’s updated definition of “public switched
network.” That term, as set out above, forms an integral
component of the statutory definition of “commercial mobile
service.”
Any such service must qualify as an
“interconnected service,” defined in the statute as “service
that is interconnected with the public switched network.” 47
U.S.C. § 332(d)(1)–(2). And Congress expressly gave the
Commission the authority to define the public switched
network, id. § 332(d)(2), which the Commission exercised by
revising its definition in the Order. As we have explained, the
Commission, relying on the growing universality of mobile
broadband as a medium of communication for the public,
expanded the definition of the public switched network so that
it now uses IP addresses in addition to telephone numbers in
connection with the provision of switched services.
Mobile petitioners argue that Congress intended “public
switched network” to mean—forever—“public switched
telephone network,” and that the Commission thus lacks
authority to expand the definition of the network to include
endpoints other than telephone numbers.
We are
unpersuaded. Mobile petitioners’ interpretation necessarily
contemplates adding a critical word (“telephone”) that
Congress left out of the statute, an unpromising avenue for an
argument about the meaning of the words Congress used.
See, e.g., Adirondack Medical Center v. Sebelius, 740 F.3d
692, 699–700 (D.C. Cir. 2014); Public Citizen, Inc. v. Rubber
Manufacturers Ass’n, 533 F.3d 810, 816 (D.C. Cir. 2008). If
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