56
Internet access service, with hundreds of millions of
subscribers,” is not a “private” mobile service “that offer[s]
users access to a discrete and limited set of endpoints.” Id. at
5788–89 ¶ 404.
Rather, “[g]iven the universal access
provided today and in the foreseeable future by and to mobile
broadband and its present and anticipated future penetration
rates in the United States,” the Commission decided to
“classify[] mobile broadband Internet access as a commercial
mobile service” subject to common carrier regulation. Id. at
5786 ¶ 399; see generally id. at 5778–88 ¶¶ 388–403.
Petitioners CTIA and AT&T (“mobile petitioners”)
challenge the Order’s reclassification of mobile broadband as
a commercial mobile service.
In their view, mobile
broadband is, and must be treated as, a private mobile service,
and therefore cannot be subject to common carrier regulation.
We reject mobile petitioners’ arguments and find that the
Commission’s reclassification of mobile broadband as a
commercial mobile service is reasonable and supported by the
record.
A.
In assessing whether the Commission permissibly
reclassified mobile broadband as a commercial rather than a
private mobile service, we begin with an overview of the
governing statutory and regulatory framework and of the
Commission’s application of that framework to mobile
broadband. The statute defines “commercial mobile service”
as “any mobile service . . . that is provided for profit and
makes interconnected service available (A) to the public or
(B) to such classes of eligible users as to be effectively
available to a substantial portion of the public, as specified by
regulation by the Commission.” 47 U.S.C. § 332(d)(1). The
statute then defines “private mobile service” strictly in the
negative, i.e., as “any mobile service . . . that is not a
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