38 exercise “judicial skepticism of the [Commission’s] power grab.” TechFreedom Intervenor Br. 18. TechFreedom ignores Brand X. As explained above, the Supreme Court expressly recognized that Congress, by leaving a statutory ambiguity, had delegated to the Commission the power to regulate broadband service. By contrast, in Brown & Williamson the Court held that Congress had “precluded” the FDA from regulating cigarettes. This brings us, then, to petitioners’ and intervenors’ Chevron step two challenges. First, US Telecom argues that the Commission’s classification is unreasonable because many broadband providers offer information services, such as email, alongside internet access. According to US Telecom, because broadband providers still offer such services, consumers must perceive that those providers offer an information service. For its part, the Commission agreed that broadband providers offer email and other services, but simply concluded that “broadband Internet access service is today sufficiently independent of these information services that it is a separate offering.” 2015 Open Internet Order, 30 FCC Rcd. at 5758 ¶ 356. US Telecom nowhere challenges that conclusion, and for good reason: the record contains extensive evidence that consumers perceive a standalone offering of transmission, separate from the offering of information services like email and cloud storage. See supra at 25–27. US Telecom next contends that the Commission’s reclassification of broadband was unreasonable because DNS and caching do not fall within the Communications Act’s telecommunications management exception. As noted above, that exception excludes from the definition of an information service “any [service] for the management, control, or

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