24
principles in mind, we turn to the first issue in this case—the
Commission’s reclassification of broadband as a
“telecommunications service.”
II.
In the Open Internet Order, the Commission determined
that broadband service satisfies the statutory definition of a
telecommunications
service:
“the
offering
of
telecommunications for a fee directly to the public.” 47
U.S.C. § 153(53).
In accordance with Brand X, the
Commission arrived at this conclusion by examining
consumer perception of what broadband providers offer.
2015 Open Internet Order, 30 FCC Rcd. at 5750 ¶ 342. In
Brand X, the Supreme Court held that it was “consistent with
the statute’s terms” for the Commission to take into account
“the end user’s perspective” in classifying a service as
“information” or “telecommunications.” 545 U.S. at 993.
Specifically, the Court held that the Commission had
reasonably concluded that a provider supplies a
telecommunications service when it makes a “‘stand-alone’
offering of telecommunications, i.e., an offered service that,
from the user’s perspective, transmits messages unadulterated
by computer processing.” Id. at 989. In the Order, the
Commission concluded that consumers perceive broadband
service both as a standalone offering and as providing
telecommunications. See 2015 Open Internet Order, 30 FCC
Rcd. at 5765 ¶ 365. These conclusions about consumer
perception find extensive support in the record and together
justify the Commission’s decision to reclassify broadband as a
telecommunications service.
With respect to its first conclusion—that consumers
perceive broadband as a standalone offering—the
Commission explained that broadband providers offer two
separate types of services: “a broadband Internet access
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