89 Operating Cos. GTOC Tariff No. 1, GTOC Transmittal No. 1148, 13 FCC Rcd. 22,466, 22,474–83 ¶¶ 16–32 (1998). “The Internet’s inherently global and open architecture,” the Commission reasoned, “mak[es] end-to-end jurisdictional analysis extremely difficult—if not impossible—when the services at issue involve the Internet.” 2015 Open Internet Order, 30 FCC Rcd. at 5803 ¶ 431 (internal quotation marks omitted). The Commission also determined that because it had found the section 10 criteria met as to section 251, it had no reason to “resolve whether broadband Internet access service could constitute ‘telephone exchange service’” under section 251. Id. at 5851 ¶ 513 n.1575. We approved the Commission’s jurisdictional approach in Core Communications, Inc. v. FCC, 592 F.3d 139, 144 (D.C. Cir. 2010). Although the petitioners in that case never challenged the general framework of the Commission’s “endto-end analysis, . . . under which the classification of a communication as local or interstate turns on whether its origin and destination are in the same state,” id. at 142, we recognized that [d]ial-up internet traffic is special because it involves interstate communications that are delivered through local calls; it thus simultaneously implicates the regimes of both § 201 and of §§ 251–252. Neither regime is a subset of the other. They intersect, and dial-up internet traffic falls within that intersection. Given this overlap, § 251(i)’s specific saving of the Commission’s authority under § 201 against any negative implications from § 251 renders the Commission’s reading of the provisions at least reasonable.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents