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Full Service Network also contends that the NPRM
violated the APA’s notice requirement because it nowhere
identified the rules from which the Commission later decided
to forbear. The NPRM, however, listed the provisions from
which the Commission likely would not forbear, which by
necessary implication indicated that the Commission would
consider forbearing from all others. The NPRM did so by
citing a 2010 notice of inquiry, in which the Commission had
contemplated that, if it were to classify the Internet
connectivity component of broadband Internet access
service, it would forbear from applying all but a
handful of core statutory provisions—sections 201,
202, 208, and 254—to the service. In addition, the
Commission identified sections 222 and 255 as
provisions that could be excluded from forbearance,
noting that they have attracted longstanding and
broad support in the broadband context.
NPRM, 29 FCC Rcd. at 5616 ¶ 154 (footnotes and internal
quotation marks omitted). The NPRM sought “further and
updated comment” on that course of action. Id. Thus, Full
Service Network “should have anticipated that” the
Commission would consider forbearing from all remaining
Title II provisions. Covad Communications Co., 450 F.3d at
548. Indeed, Full Service Network anticipated that the
Commission would do just that. In its comments, Full Service
Network argued that the Commission should not forbear from
the provisions at issue here, thus demonstrating that it had no
trouble
“comment[ing]
meaningfully,”
Honeywell
International, Inc., 372 F.3d at 445. See Letter from Earl W.
Comstock, Counsel for Full Service Network and
TruConnect, to Marlene H. Dortch, FCC, GN Dkt. Nos. 14-28
& 10-127 (Feb. 20, 2015); Letter from Earl W. Comstock,
Counsel for Full Service Network and TruConnect, to
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