Federal Communications Commission

“ We find that basic service is limited to the common carrier offering of transmission capacity for the movement of information, whereas enhanced service combines basic service with computer processing applications that act on the format, content, code, protocol or similar aspects of the subscriber's transmitted information, or provide the subscriber additional, different, or restructured information, or involve subscriber interaction with stored information. ”

“ The common carrier offering of basic transmission services are communications services and regulated as such under traditional Title II concepts. Consistent with the determinations made in the First Computer Inquiry, we find that regulation of enhanced services is not required in furtherance of some overall statutory objective. In fact, the absence of traditional public utility regulation of enhanced services offers the greatest potential for efficient utilization and full exploitation of the interstate telecommunications network. ”

“ Such use of a definitional scheme to classify various types of enhanced services would not result in regulatory certainty in the marketplace and would most likely result in the direct or indirect expansion of unnecessary regulation over currently unregulated vendors of enhanced services and deprive consumers of increased opportunities to have these services tailored to their individual needs. ”