93
demonstrates “a rational connection between the facts found
and the choice made” to forbear from applying sections 251
and 252. State Farm, 463 U.S. at 43 (internal quotation
marks omitted). The APA demands nothing more.
The partial dissent agrees with much of this, but
nonetheless believes that the Commission acted arbitrarily
and capriciously by “attempt[ing] to have it both ways” when
it found a lack of competition in its reclassification decision,
but simultaneously found adequate competition to justify
forbearance. Concurring & Dissenting Op. at 67. The partial
dissent also believes that the Commission’s competition
analysis was contrary to its own precedent. Id. at 66.
Notably, however, and despite the partial dissent’s assertion,
see id. at 60–61, Full Service Network has never claimed that
the Commission misapplied any of the section 10(a) factors,
failed to analyze competitive effect as required by section
10(b), or acted contrary to its forbearance precedent. Indeed,
when pressed at oral argument, Full Service Network
disclaimed any intent to make these arguments. Oral Arg. Tr.
139–40. Full Service Network’s argument regarding the
Commission’s competition analysis was confined to its
contention that section 251’s focus on local competition
required the Commission to perform a local market analysis
as part of its forbearance inquiry. As the partial dissent
acknowledges, EarthLink “fully supports the Commission” on
that score. Concurring & Dissenting Op. at 68. According to
the partial dissent, however, by citing section 10(b) in its
brief, Full Service Network presented a broader challenge to
the Commission’s competition analysis. Id. at 60–61. But
Full Service Network cited section 10(b) only once, and only
in the context of its argument that the Commission “must
evaluate each provision [under section 10] using the definition
and context of that provision in the Act,” which, “[i]n the
context of the local ‘connection link’ to the Internet that
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