42
APA, we must “determine whether the Commission’s actions
were ‘arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law.’” Verizon, 740 F.3d at
635 (quoting 5 U.S.C. § 706(2)(A)). As noted at the outset of
our opinion, “[o]ur role in this regard is a limited one, and we
will not substitute our judgment for that of the agency.”
EarthLink, Inc. v. FCC, 462 F.3d 1, 9 (D.C. Cir. 2006).
Provided that the Commission has “articulate[d] . . . a
‘rational connection between the facts found and the choice
made,’” we will uphold its decision. Verizon, 740 F.3d at
643–44 (alteration in original) (quoting State Farm, 463 U.S.
at 52) (some internal quotation marks omitted); see also
FERC v. Electric Power Supply Ass’n, 136 S. Ct. 760, 784
(2016) (“Our important but limited role is to ensure that [the
agency] engaged in reasoned decisionmaking—that it
weighed competing views, selected [an approach] with
adequate support in the record, and intelligibly explained the
reasons for making that choice.”).
As relevant here, “[t]he APA’s requirement of reasoned
decision-making ordinarily demands that an agency
acknowledge and explain the reasons for a changed
interpretation.” Verizon, 740 F.3d at 636. “An agency may
not, for example, depart from a prior policy sub silentio or
simply disregard rules that are still on the books.” FCC v.
Fox Television Stations, Inc., 556 U.S. 502, 515 (2009). That
said, although the agency “must show that there are good
reasons for the new policy[,] . . . it need not demonstrate to a
court’s satisfaction that the reasons for the new policy are
better than the reasons for the old one.” Id.
US Telecom contends that the Commission lacked good
reasons for reclassifying broadband because “as Verizon made
clear, and as the [Commission] originally recognized, it could
have adopted appropriate Open Internet rules based upon
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