27
by third parties, such as . . . news and related content on
nytimes.com or washingtonpost.com or Google News; home
pages on Microsoft’s MSN or Yahoo!’s ‘my.yahoo’; video
content on Netflix or YouTube or Hulu; streaming music on
Spotify or Pandora or Apple Music; and on-line shopping on
Amazon.com or Target.com, as well as many others in each
category.” Members of Congress for Resp’ts Amicus Br. 22.
In support of its second conclusion—that from the user’s
point of view, the standalone offering of broadband service
provides telecommunications—the Commission explained
that “[u]sers rely on broadband Internet access service to
transmit ‘information of the user’s choosing,’ ‘between or
among points specified by the user,’” without changing the
form or content of that information. 2015 Open Internet
Order, 30 FCC Rcd. at 5761 ¶ 361 (quoting 47 U.S.C.
§ 153(50)); see also id. at 5762–63 ¶ 362. The Commission
grounded that determination in record evidence that
“broadband Internet access service is marketed today
primarily as a conduit for the transmission of data across the
Internet.” Id. at 5757 ¶ 354. Specifically, broadband
providers focus their advertising on the speed of transmission.
For example, the Commission quoted a Comcast ad offering
“the consistently fast speeds you need, even during peak
hours”; an RCN ad promising the ability “to upload and
download in a flash”; and a Verizon ad claiming that
“[w]hatever your life demands, there’s a Verizon FiOS plan
with the perfect upload/download speed for you.” Id. at 5755
¶ 351 (alteration in original) (internal quotation marks
omitted). The Commission further observed that “fixed
broadband providers use transmission speeds to classify tiers
of service offerings and to distinguish their offerings from
those of competitors.” Id.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos