36 Telecommunications Act legislative history “demonstrates that Congress never delegated to the Commission” authority to regulate broadband service as a telecommunications service. Members of Congress for Pet’rs Amicus Br. 4. In support, they point out that Congress has repeatedly tried and failed to enact open internet legislation, confirming, in their view, that the Commission lacks authority to issue open internet rules. But as the Supreme Court has made clear, courts do not regard Congress’s “attention” to a matter subsequently resolved by an agency pursuant to statutory authority as “legislative history demonstrating a congressional construction of the meaning of the statute.” American Trucking Ass’ns v. Atchison, Topeka, & Santa Fe Railway Co., 387 U.S. 397, 416–17 (1967). Following this approach, we have rejected attempts to use legislative history to cabin an agency’s statutory authority in the manner amici propose. For example, in Advanced Micro Devices v. Civil Aeronautics Board, petitioners challenged the Civil Aeronautics Board’s rules adopting a more deferential approach to the regulation of international cargo rates. 742 F.2d 1520, 1527–28 (D.C. Cir. 1984). Petitioners asserted that the Board had no authority to promulgate the rules because “Congress deliberately eschewed the course now advanced by the [Board],” id. at 1541, when it tried and failed to enact legislation that would have put “limits on the Board’s ratemaking functions regarding international cargo,” id. at 1523. Rejecting petitioners’ argument, we explained that “Congress’s failure to enact legislation . . . d[oes] not preclude analogous rulemaking.” Id. at 1542 (citing American Trucking Ass’ns, 387 U.S. at 416–18). In that case, as here, the relevant question was whether the agency had statutory authority to promulgate its regulations, and, as we explained, “congressional inaction or congressional action short of the enactment of positive law . . . is often entitled to no weight” in answering that question. Id. at 1541. Amici