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The FCC has adequate authority under Title I of the Communication...

The FCC has adequate authority under Title I of the Communications Act to reconfigure the Universal Service Fund to pay for broadband, without reclassifying broadband as a Title II service, AT&T said. “There can be no dispute that the…

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commission can fund some broadband Internet service providers,” the telco said in a white paper. Commission precedent gives providers the option of offering “retail consumers solely an integrated service that inextricably intertwines broadband transmission with Internet access service,” or offering broadband transmission service as a telecom service under Title II, which can be used “as an input to retail service,” it said. The FCC can support providers who select either option because it’s authorized “to perform any and all acts, make such rules and regulations, and issue such orders … as may be necessary in the execution of its functions,” the telco cited from the Communications Act.