82
V.
Having upheld the Commission’s reclassification of
broadband services, both fixed and mobile, we consider next
Full Service Network’s challenges to the Commission’s
decision to forbear from applying portions of the
Communications Act to those services. Section 10 of the
Communications Act provides that the Commission “shall
forbear from applying any regulation or any provision” of the
Communications Act to a telecommunications service or
carrier if three criteria are satisfied: (1) “enforcement of such
regulation or provision is not necessary to ensure that” the
carrier’s practices “are just and reasonable and are not
unjustly or unreasonably discriminatory,” 47 U.S.C.
§ 160(a)(1); (2) “enforcement of such regulation or provision
is not necessary for the protection of consumers,” id.
§ 160(a)(2); and (3) “forbearance from applying such
provision or regulation is consistent with the public interest,”
id. § 160(a)(3). Under the third criterion, “the Commission
shall consider whether forbearance . . . will promote
competitive market conditions, including the extent to which
such forbearance will enhance competition among providers
of telecommunications services.” Id. § 160(b). Thus, section
10 imposes a mandatory obligation upon the Commission to
forbear when it finds these conditions are met.
Section 10(c) gives any carrier the right to “submit a
petition to the Commission requesting” forbearance. Id.
§ 160(c). In regulations issued pursuant to section 10(c), the
Commission requires “petitions for forbearance” to include a
“[d]escription of relief sought,” make a prima facie case that
the statutory criteria for forbearance are satisfied, identify any
related matters, and provide any necessary evidence. 47
C.F.R. § 1.54.
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