13 The Commission first applied this statutory framework to broadband in 1998 when it classified a portion of DSL service—broadband internet service furnished over telephone lines—as a telecommunications service. See In re Deployment of Wireline Services Offering Advanced Telecommunications Capability (“Advanced Services Order”), 13 FCC Rcd. 24,012, 24,014 ¶ 3, 24,029–30 ¶¶ 35– 36 (1998). According to the Commission, the transmission component of DSL—the phone lines that carried the information—was a telecommunications service. Id. at 24,029–30 ¶¶ 35–36. The Commission classified the internet access delivered via the phone lines, however, as a separate offering of an information service. Id. at 24,030 ¶ 36. DSL providers that supplied the phone lines and the internet access therefore offered both a telecommunications service and an information service. Four years later, the Commission took a different approach when it classified cable modem service—broadband service provided over cable lines—as solely an information service. In re Inquiry Concerning High-Speed Access to the Internet over Cable and Other Facilities (“Cable Broadband Order”), 17 FCC Rcd. 4798, 4823 ¶¶ 39–40 (2002). In its 2002 Cable Broadband Order, the Commission acknowledged that when providing the information service component of broadband—which, according to the Commission, consisted of several distinct applications, including email and online newsgroups, id. at 4822–23 ¶ 38—cable broadband providers transmit information and thus use telecommunications. In the Commission’s view, however, the transmission functioned as a component of a “single, integrated information service,” rather than as a standalone offering. Id. at 4823 ¶ 38. The Commission therefore classified them together as an information service. Id. at 4822–23 ¶¶ 38–40.

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