Nope. We argued that we were providing data services under the FCC definition of utility. The only real person who got in our way was the city attorney. He said that internet didn't qualify as Montana Code (circa 1950) only mentioned telephone and telegraph.
So we registered with the PSC as a telegraph provider...
I mean you have telephony via IP, and I'm sure there's an RFC to telegraphy via IP. So it's not wrong to say you're providing telegraphy. You're just choosing a very ... deep and expensive tech stack to do so.
Legally, I don't think so. But we did build a little Raspberry Pi based machine with a telegraph key. It needs some more work, but there are people who are legitimately wanting to buy the service.
So we registered with the PSC as a telegraph provider...