34 of the [information service] definition,” US Telecom Pet’rs’ Br. 30—namely, that it “offer[s] . . . a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications,” 47 U.S.C. § 153(24). Accordingly, US Telecom argues, broadband service “cannot fall within the mutually exclusive category of telecommunications service.” US Telecom Pet’rs’ Br. 30 (internal quotation marks and footnote omitted). But this argument ignores that under the statute’s definition of “information service,” such services are provided “via telecommunications.” 47 U.S.C. § 153(24). This, then, brings us back to the basic question: do broadband providers make a standalone offering of telecommunications? US Telecom’s argument fails to provide an unambiguous answer to that question. US Telecom next claims that 47 U.S.C. § 230, enacted as part of the Communications Decency Act of 1996, a portion of the Telecommunications Act, “confirms that Congress understood Internet access to be an information service.” US Telecom Pet’rs’ Br. 33. Section 230(b) states that “[i]t is the policy of the United States . . . to promote the continued development of the Internet and other interactive computer services and other interactive media.” 47 U.S.C. § 230(b)(1). In turn, section 230(f) defines an “interactive computer service” “[a]s used in this section” as “any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet.” Id. § 230(f)(2). According to US Telecom, this definition of “interactive computer service” makes clear that an information service “includes an Internet access service.” US Telecom Pet’rs’ Br. 33. As the Commission pointed out in the Order, however, it is “unlikely that Congress would attempt to settle the regulatory status of

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