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switched network to encompass users with IP addresses in
addition to users with telephone numbers, mobile broadband
still fails to qualify as an “interconnected service.”
We reject both arguments. In mobile petitioners’ view,
mobile broadband (or any non-telephone mobile service)—no
matter how universal, widespread, and essential a medium of
communication for the public it may become—must always
be considered a “private mobile service” and can never be
considered a “commercial mobile service.” Nothing in the
statute compels attributing to Congress such a wooden,
counterintuitive understanding of those categories. Rather,
Congress expressly delegated to the Commission the authority
to define—and hence necessarily to update and revise—those
categories’ key definitional components, “public switched
network” and “interconnected service.” 47 U.S.C. § 332(d);
see 2015 Open Internet Order, 30 FCC Rcd. at 5783–84
¶ 396.
“In this sort of case, there is no need to rely on the
presumptive delegation to agencies of authority to define
ambiguous or imprecise terms we apply under the Chevron
doctrine, for the delegation of interpretative authority is
express.” Women Involved in Farm Economics v. U.S.
Department of Agriculture, 876 F.2d 994, 1000–01 (D.C. Cir.
1989) (citation omitted); see Rush University Medical Center
v. Burwell, 763 F.3d 754, 760 (7th Cir. 2014); 2015 Open
Internet Order, 30 FCC Rcd. at 5783 ¶ 396 & n.1145. We
find the Commission’s exercise of that express definitional
authority to be a reasoned and reasonable interpretation of the
statute.
We therefore sustain the Commission’s
reclassification of mobile broadband as a commercial mobile
service against mobile petitioners’ challenges. In light of that
disposition, we need not address the Commission’s alternative
finding that mobile broadband, even if not a commercial
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