15
Broadband Access to the Internet over Wireless Networks
(“2007 Wireless Order”), 22 FCC Rcd. 5901, 5901–02 ¶ 1
(2007) (mobile broadband); In re Appropriate Framework for
Broadband Access to the Internet over Wireline Facilities
(“2005 Wireline Broadband Order”), 20 FCC Rcd. 14,853,
14,863–64 ¶ 14 (2005) (DSL).
B.
Although the Commission’s classification decisions
spared broadband providers from Title II common carrier
obligations, the Commission made clear that it would
nonetheless seek to preserve principles of internet openness.
In the 2005 Wireline Broadband Order, which classified DSL
as an integrated information service, the Commission
announced that should it “see evidence that providers of
telecommunications for Internet access or IP-enabled services
are violating these principles,” it would “not hesitate to take
action to address that conduct.” 2005 Wireline Broadband
Order, 20 FCC Rcd. at 14,904 ¶ 96. Simultaneously, the
Commission issued a policy statement signaling its intention
to “preserve and promote the open and interconnected nature
of the public Internet.” In re Appropriate Framework for
Broadband Access to the Internet over Wireline Facilities, 20
FCC Rcd. 14,986, 14,988 ¶ 4 (2005).
In 2007, the Commission found reason to act when
Comcast customers accused the company of interfering with
their ability to access certain applications. Comcast, 600 F.3d
at 644. Because Comcast voluntarily adopted new practices
to address the customers’ concerns, the Commission “simply
ordered [Comcast] to make a set of disclosures describing the
details of its new approach and the company’s progress
toward implementing it.” Id. at 645. As authority for that
order, the Commission cited its section 4(i) “ancillary
jurisdiction.” 47 U.S.C. § 154(i) (“The Commission may
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