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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