58
In 1994, when the Commission initially established that
definition of “public switched network,” cellular telephone
(i.e., mobile voice) service was the major mobile service;
mobile broadband did not yet exist. Noting that the “purpose
of the public switched network is to allow the public to send
or receive messages to or from anywhere in the nation,” the
Commission observed that the NANP fulfilled that purpose by
providing users with “ubiquitous access” to all other users.
Id. at 1436–37 ¶¶ 59–60; see 2015 Open Internet Order, 30
FCC Rcd. at 5779 ¶ 391. Because mobile voice users could
interconnect with the public switched network as then defined
(the network of ten-digit telephone numbers), mobile voice
was classified as a “commercial”—as opposed to “private”—
“mobile service.” 1994 Order, 9 FCC Rcd. at 1454–55 ¶ 102.
It therefore was subject to common carrier treatment.
In 2007, the Commission first classified the thenemerging platform of mobile broadband. The Commission
determined that mobile broadband users could not
interconnect with the public switched network—defined at the
time as the telephone network—because mobile broadband
uses IP addresses, not telephone numbers. See 2015 Open
Internet Order, 30 FCC Rcd. at 5784 ¶ 397; 2007 Wireless
Order, 22 FCC Rcd. at 5917–18 ¶ 45. Mobile broadband thus
was not considered an “interconnected service” (or, therefore,
a commercial mobile service), i.e., a “service that is
interconnected with the public switched network” as that term
was then “defined by . . . the Commission.” 47 U.S.C.
§ 332(d)(2). Presumably in light of mobile broadband’s
“nascent” status at the time, 2007 Wireless Order, 22 FCC
Rcd. at 5922 ¶ 59, the Commission gave no evident
consideration to expanding its definition of the “public
switched network” so as to encompass IP addresses in
addition to telephone numbers.
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