70
(Dec. 11, 2014) (“OTI 12/11 Letter”); see 2015 Open Internet
Order, 30 FCC Rcd. at 5787 ¶ 401 n.1168. Any distinction
between calls made with a device’s “native” dialing capacity
and those made through VoIP thus has become “increasingly
inapt.” OTI 12/11 Letter at 5; see Public Knowledge 12/19
Letter at 10.
The Commission accordingly found that “[t]oday, mobile
VoIP . . . is among the increasing number of ways in which
users communicate indiscriminately between NANP and IP
endpoints on the public switched network.” 2015 Open
Internet Order, 30 FCC Rcd. at 5787 ¶ 401; see Resp’ts’ Br.
99 (relying on that finding). In light of those developments,
the Commission reasonably determined that mobile
broadband today is interconnected with the newly defined
public switched network. It “gives subscribers the capability
to communicate to . . . other users on the public switched
network,” whether the recipient has an IP address, telephone
number, or both. 47 C.F.R. § 20.3; see 2015 Open Internet
Order, 30 FCC Rcd. at 5779–80 ¶ 391, 5785–87 ¶¶ 398–401.
In contending otherwise, mobile petitioners argue that
mobile broadband itself is not “interconnected with the public
switched network,” 47 U.S.C. § 332(d)(2), because mobile
broadband does not allow subscribers to interconnect with
telephone users unless subscribers take the step of using a
VoIP application. Nothing in the statute, however, compels
the Commission to draw a talismanic (and elusive) distinction
between (i) mobile broadband alone enabling a connection,
and (ii) mobile broadband enabling a connection through use
of an adjunct application such as VoIP. To the contrary, the
statute grants the Commission express authority to define
“interconnected service.” 47 U.S.C. § 332(d)(2). And the
Commission permissibly exercised that authority to determine
that—in light of the increased availability, use, and
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