92
all sectors of the Internet industry to facilitate prudent
business planning, without imposing undue burdens that
might interfere with entrepreneurial opportunities.” 2015
Open Internet Order, 30 FCC Rcd. at 5796 ¶ 417.
The Commission also identified “numerous concerns
about the burdens—or, at a minimum, regulatory
uncertainty—that would be fostered by a sudden, substantial
expansion of the actual or potential regulatory requirements
and obligations relative to the status quo from the near-term
past,” in which many broadband providers were not subject to
any aspect of Title II. Id. at 5839 ¶ 495. In reaching this
conclusion, the Commission drew from its experience with
the mobile voice industry, which “thrived under a marketbased Title II regime” that included significant forbearance,
“demonstrating that robust investment is not inconsistent with
a light-touch Title II regime.” Id. at 5799–800 ¶ 423.
Full Service Network argues that the Commission’s
“prior
predictions
of
‘vibrant
intermodal
competition’ . . . ‘cannot be reconciled with marketplace
realities.’” Full Service Network Pet’rs’ Reply Br. 10
(quoting 2015 Open Internet Order, 30 FCC Rcd. at 5743
¶ 330). As we noted above, however, “[a]n agency’s
predictive judgments about areas that are within the agency’s
field of discretion and expertise are entitled to particularly
deferential review, as long as they are reasonable.”
EarthLink, 462 F.3d at 12 (internal quotation marks omitted).
In this case, the Commission’s predictive judgments about the
effect mandatory unbundling would have on broadband
deployment were perfectly reasonable and supported by
record evidence. Multiple studies provided evidence that
mandatory unbundling harmed investment in Europe. Such
evidence, combined with the Commission’s experience in
using a “light touch” regulatory program for mobile voice,
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents