95 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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