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they get. For content, they turn to [the] creative efforts . . . of
others.” Automattic Amicus Br. 1.
Indeed, given the tremendous impact third-party internet
content has had on our society, it would be hard to deny its
dominance in the broadband experience. Over the past two
decades, this content has transformed nearly every aspect of
our lives, from profound actions like choosing a leader,
building a career, and falling in love to more quotidian ones
like hailing a cab and watching a movie. The same assuredly
cannot be said for broadband providers’ own add-on
applications.
The Commission found, moreover, that broadband
consumers not only focus on the offering of transmission but
often avoid using the broadband providers’ add-on services
altogether, choosing instead “to use their high-speed Internet
connections to take advantage of competing services offered
by third parties.” 2015 Open Internet Order, 30 FCC Rcd. at
5753 ¶ 347. For instance, two third-party email services,
Gmail and Yahoo! Mail, were “among the ten Internet sites
most frequently visited during the week of January 17, 2015,
with approximately 400 million and 350 million visits
respectively.” Id. at 5753 ¶ 348. Some “even advise
consumers specifically not to use a broadband provider-based
email address[] because a consumer cannot take that email
address with them if he or she switches providers.” Id.
Amici Members of Congress in Support of Respondents
provide many more examples of third-party content that
consumers use in lieu of broadband provider content,
examples that will be abundantly familiar to most internet
users. “[M]any consumers,” they note, “have spurned the
applications . . . offered by their broadband Internet access
service provider, in favor of services and applications offered
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