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that it grants the Commission independent rulemaking
authority. 740 F.3d at 635–42. Alamo nonetheless argues
that the Commission lacks authority to promulgate rules under
section 706. It rests that argument on a claim that this court’s
contrary conclusion in Verizon was dicta.
Alamo misreads Verizon. Our decision in that case
considered three rules from the 2010 Open Internet Order: an
anti-blocking rule, an anti-discrimination rule, and a
transparency rule. See id. at 633. We determined that section
706 vests the Commission “with affirmative authority to enact
measures encouraging the deployment of broadband
infrastructure” and that the Commission had “reasonably
interpreted section 706 to empower it to promulgate rules
governing broadband providers’ treatment of Internet traffic.”
Id. at 628. In doing so, we also found that the Commission’s
justification for those rules—“that they will preserve and
facilitate the ‘virtuous circle’ of innovation that has driven the
explosive growth of the Internet”—was reasonable and
supported by substantial evidence. Id. We ultimately struck
down the anti-blocking and anti-discrimination rules on the
ground that they amounted to common carrier regulation
without any accompanying determination that broadband
providers should be regulated as common carriers. See id. at
655–58. But we upheld the Commission’s transparency rule
as a permissible and reasonable exercise of its section 706
authority, one that did not improperly impose common carrier
obligations on broadband providers. See id. at 659. Because
our findings with regard to the Commission’s 706 authority
were necessary to our decision to uphold the transparency
rule, those findings cannot be dismissed as dicta. Seminole
Tribe of Florida v. Florida, 517 U.S. 44, 67 (1996) (“When
an opinion issues for the Court, it is not only the result but
also those portions of the opinion necessary to that result by
which we are bound.”). We note, moreover, that the separate
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