64 Congress meant for the phrase “public switched network” to carry the more restrictive meaning attributed to it by mobile petitioners, Congress could (and presumably would) have used the more limited—and more precise—term “public switched telephone network.” Indeed, Congress used that precise formulation in another, later-enacted statute. See 18 U.S.C. § 1039(h)(4). Here, though, Congress elected to use the more general term “public switched network,” which by its plain language can reach beyond telephone networks alone. See 2015 Open Internet Order, 30 FCC Rcd. at 5783 ¶ 396. Not only did Congress decline to invoke the term “public switched telephone network,” but it also gave the Commission express authority to define the broader term it used instead. See 47 U.S.C. § 332(d)(2). Mobile petitioners conceive of “public switched network” as a term of art referring only to a network using telephone numbers. But if that were so, it is far from clear why Congress would have invited the Commission to define the term, rather than simply setting out its ostensibly fixed meaning in the statute. We instead agree with the Commission that, in granting the Commission general definitional authority, Congress “expected the notion [of the public switched network] to evolve and therefore charged the Commission with the continuing obligation to define it.” 2015 Open Internet Order, 30 FCC Rcd. at 5783 ¶ 396. It is of no moment that Congress, in another statute, used the term “public switched network” in a context indicating an intention to refer to the telephone network. See 47 U.S.C. § 1422(b)(1)(B)(ii) (referring to “the public Internet or the public switched network”). That statute, unlike section 332(d)(2), contains no grant of authority to the Commission to define the term. And it was enacted during the time when the

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos