35 broadband Internet access services in such an oblique and indirect manner, especially given the opportunity to do so when it adopted the Telecommunications Act of 1996.” 30 FCC Rcd. at 5777 ¶ 386; see Whitman v. American Trucking Ass’ns, 531 U.S. 457, 468 (2001) (“Congress . . . does not alter the fundamental details of a regulatory scheme in vague terms or ancillary provisions—it does not, one might say, hide elephants in mouseholes.”). Finally, US Telecom argues that “[t]he statutory context and history confirm the plain meaning of the statutory text.” US Telecom Pet’rs’ Br. 33. According to US Telecom, while the Computer II regime was in effect, the Commission classified “gateway services allowing access to information stored by third parties” as enhanced services, and Congress incorporated that classification into the Communications Act when it enacted the Telecommunications Act’s information/telecommunications service dichotomy. Id. at 33–35. “Those ‘gateways,’” US Telecom insists, “involved the same ‘functions and services associated with Internet access.’” Id. at 34 (quoting In re Federal-State Joint Board on Universal Service, 13 FCC Rcd. 11,501 ¶ 75 (1998)). This argument suffers from a significant flaw: nothing in the Telecommunications Act suggests that Congress intended to freeze in place the Commission’s existing classifications of various services. Indeed, such a reading of the Telecommunications Act would conflict with the Supreme Court’s holding in Brand X that classification of broadband “turns . . . on the factual particulars of how Internet technology works and how it is provided, questions Chevron leaves to the Commission to resolve in the first instance.” 545 U.S. at 991. Amici Members of Congress in Support of Petitioners advance an additional argument that post-

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