45
F.3d 1070, 1076 (D.C. Cir. 2007) (internal quotation marks
omitted).
Given that no party adequately raised this
argument, we decline to consider it. See In re Cheney, 334
F.3d at 1108 (Reviewing courts “sit to resolve only legal
questions presented and argued by the parties.”).
Finally, the partial dissent disagrees with our conclusion
that the Commission had “good reasons” to reclassify
because, according to the partial dissent, it failed to make “a
finding of market power or at least a consideration of
competitive conditions.” Concurring & Dissenting Op. at 10.
But nothing in the statute requires the Commission to make
such a finding. Under the Act, a service qualifies as a
“telecommunications service” as long as it constitutes an
“offering of telecommunications for a fee directly to the
public.” 47 U.S.C. § 153(53). As explained above, supra at
24, when interpreting this provision in Brand X, the Supreme
Court held that classification of broadband turns on consumer
perception, see 545 U.S. at 990 (explaining that classification
depends on what “the consumer perceives to be the integrated
finished product”). Nothing in Brand X suggests that an
examination of market power or competition in the market is
a prerequisite to classifying broadband. True, as the partial
dissent notes, the Supreme Court cited the Commission’s
findings regarding the level of competition in the market for
cable broadband as further support for the agency’s decision
to classify cable broadband as an information service. See id.
at 1001 (describing the Commission’s conclusion that market
conditions supported taking a deregulatory approach to cable
broadband service). But citing the Commission’s economic
findings as additional support for its approach is a far cry
from requiring the Commission to find market power. The
partial dissent also cites several Commission decisions in
support of the proposition that the Commission has “for
nearly four decades made the presence or prospect of
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