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functionality of mobile broadband” sufficient to justify
reclassifying mobile broadband as a commercial mobile
service. US Telecom Pet’rs’ Br. 68. This argument fares no
better in the mobile context than it did in the Title II
reclassification context. Even if the Commission had not
demonstrated changed factual circumstances—which, as
described above, we think it has—mobile petitioners’
argument would fail because the Commission need only
provide a “reasoned explanation” for departing from its prior
findings. See Fox Television, 556 U.S. at 515–16 (“[I]t is not
that further justification is demanded by the mere fact of
policy change[,] but that a reasoned explanation is needed for
disregarding facts and circumstances that underlay . . . the
prior policy.”). It has done so here.
4.
Finally, we agree with the Commission that the need to
avoid a statutory contradiction in the treatment of mobile
broadband provides further support for its reclassification as a
commercial mobile service. Each of the two statutory
schemes covering mobile broadband requires classifying a
service in a particular way before it can be subject to common
carrier treatment. Under Title II, broadband must be
classified as a “telecommunications service.” Under Title III,
mobile broadband must be classified as a “commercial mobile
service.” Because the two classifications do not automatically
move in tandem, the Commission must make two distinct
classification decisions. To avoid the contradictory result of
classifying mobile broadband providers as common carriers
under Title II while rendering them immune from common
carrier treatment under Title III, the Commission, upon
reclassifying broadband generally—including mobile—as a
telecommunications service, reclassified mobile broadband as
a commercial mobile service. See 2015 Open Internet Order
at 5788 ¶ 403.
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