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network.’”). And because the public switched network now
includes IP addresses, the Commission found that mobile
broadband qualifies as an “interconnected service,” i.e.,
“service that is interconnected with the public switched
network” as redefined. 47 U.S.C. § 332(d)(2); see 2015 Open
Internet Order, 30 FCC Rcd. at 5779–80 ¶ 391, 5786 ¶ 399.
According to the Commission, then, mobile broadband
meets all parts of the statutory definition of a “commercial
mobile service” subject to common carrier regulation: it is a
“mobile service . . . that is provided for profit and makes
interconnected service available . . . to the public or . . . a
substantial portion of the public.” 47 U.S.C. § 332(d)(1). We
find the Commission’s reclassification of mobile broadband
as a commercial mobile service under that definition to be
reasonable and supported by record evidence demonstrating
the “rapidly growing and virtually universal use of mobile
broadband service” today. 2015 Open Internet Order, 30 FCC
Rcd. at 5786 ¶ 399. In support of its reclassification decision,
the Commission relied on, and recounted in detail, evidence
of the explosive growth of mobile broadband service and its
near universal use by the public. See id. at 5635–38 ¶¶ 88–92,
5779 ¶ 391, 5785–86 ¶¶ 398–99. In the face of that evidence,
we see no basis for concluding that the Commission was
required in 2015 to continue classifying mobile broadband as
a “private” mobile service.
B.
Mobile petitioners offer two principal arguments in
support of their position that mobile broadband nonetheless
must be treated as a private mobile service rather than a
commercial mobile service. First, they argue that “public
switched network” is a term of art confined to the public
switched telephone network. Second, they contend that, even
if the Commission can expand the definition of public
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