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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