86
Our decision in EarthLink, Inc. v. FCC, 462 F.3d 1,
forecloses this argument. There, EarthLink made a similar
argument—that the inclusion of the phrase “geographic
markets” in section 10 meant that the Commission could not
“forbear on a nationwide basis” from separate unbundling
requirements in section 271 “without considering more
localized regions individually.” Id. at 8. Rejecting this
argument, we focused on the language of section 10, and held
that “[o]n its face, the statute imposes no particular mode of
market analysis or level of geographic rigor.” Id. Rather,
“the language simply contemplates that the FCC might
sometimes forbear in a subset of a carrier’s markets; it is
silent about how to determine when such partial relief is
appropriate.” Id. For the same reason, Full Service Network
cannot rope section 251’s requirements into the
Commission’s section 10 analysis.
Full Service Network’s argument is also inconsistent with
our decision in Verizon Telephone Cos. v. FCC, 570 F.3d 294
(D.C. Cir. 2009). There, Verizon sought forbearance from
section 251 in some of its telephone-service markets. Id. at
299. The Commission denied Verizon’s petition, finding
insufficient evidence of facilities-based competition to render
the provision’s application unnecessary to protect the interests
of consumers under section 10(a)(2) and to satisfy section
10(a)(3)’s public-interest requirement. Id. Challenging that
decision, Verizon argued that the Commission’s forbearance
decision was incompatible with the text of section 251
because section 251 required the Commission to find that lack
of access would “‘impair the ability of the
telecommunications
carrier
seeking
access
to
provide . . . service[],’” which the Commission had not done.
Id. at 300 (omission and alteration in original) (quoting 47
U.S.C. § 251). We rejected this argument, explaining that
“[t]he dispute before this court . . . concerns whether the
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