On 02/27/2015 04:49 PM, Stephen Satchell wrote:
So did I. Also, do you recall that the FCC changed the definition of "broadband" to require 25 Mbps downstream? Does this mean that all these rules on "broadband" don't apply to people providing Internet access service on classic ADSL? The FCC regulations do not have to use consistent definitions (and many times definitions are not consistent!); the local-to-the-section definition usually (but not always; it's always up for interpretation at hearing time!) trumps any other. The local definitions for the context of 47CFR§8 are found in §8.11, and do not mention required bandwidth. It seems to include any 'eyeball' network, regardless of bandwidth. The definition in 47CFR§8.11(a) is classic FCC wordsmithing.
Think of 'scope of definition' as being similar to 'longest prefix matching' in routing, and it will be clear what is going on here. Hint: a particular section of the Rules can hijack a term out from under the general definitions, much like prefixes can be hijacked out from under their containing prefix. The difference is that in the Rules, a particular paragraph or subparagraph can hijack a term and say 'for the purposes of this paragraph, term 'A' means the opposite of what it means everywhere else' and that definition in that scope will stand the test of hearing.