2 Application of Title II also removes an obstacle to most of the Commission’s reliance on § 706 of the Telecommunications Act of 1996, 47 U.S.C. § 1302, namely any rules that have the effect of treating the subject firms as common carriers. See Verizon Communications Inc. v. Federal Communications Commission, 740 F.3d 623, 650 (2014). But the limits of § 706 itself render it inadequate to justify the ban on paid prioritization and kindred rules. I discuss § 201(b) and § 706 in subparts A and B of part II. III. The Commission’s decision to forbear from enforcing a wide array of Title II’s provisions is based on premises inconsistent with its reclassification of broadband. Its explicit refusal to take a stand on whether broadband providers (either as a group or in particular instances) may have market power manifests not only its doubt as to whether it could sustain any such finding but also its pursuit of a “Now you see it, now you don’t” strategy. The Commission invokes something very like market power to justify its broad imposition of regulatory burdens, but then finesses the issue of market power in justifying forbearance. Many of these issues are closely interlocked, making it hard to pursue a clear expository path. Most particularly, the best place for examining the Commission’s explanation of the jewel in its crown—its ban on paid prioritization—is in discussion of its new interpretation of 47 U.S.C. § 201. But that explanation is important for understanding the Commission’s failure to meet its obligations under Fox Television, above all the obligation to explain why such a ban promotes the “virtuous cycle,” which (as the majority observes) is the primary justification for reclassification under Title II. Thus a discussion critical to part I of this opinion is

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