47
offering of an information service, in the present order the
Commission cited ample record evidence supporting its
current view that consumers perceive a standalone offering of
transmission. See supra at 25–27. It thus satisfied the APA’s
requirement that an agency provide a “reasoned
explanation . . . for disregarding facts and circumstances that
underlay . . . the prior policy.” Fox Television, 556 U.S. at
515–16. Nothing more is required.
Presenting an argument quite similar to US Telecom’s,
the partial dissent asserts that the Commission needed to do
more than justify its current factual findings because, in this
case,
“the
agency explicitly invoke[d]
changed
circumstances” as a basis for reclassifying broadband.
Concurring & Dissenting Op. at 10. At least when an agency
relies on a change in circumstances, the partial dissent
reasons, “Fox requires us to examine whether there is really
anything new.” Id. at 4. But we need not decide whether
there “is really anything new” because, as the partial dissent
acknowledges, id., the Commission concluded that changed
factual circumstances were not critical to its classification
decision:
“[E]ven assuming, arguendo, that the facts
regarding how [broadband service] is offered had not
changed, in now applying the Act’s definitions to these facts,
we find that the provision of [broadband service] is best
understood as a telecommunications service, as discussed
[herein] . . . and disavow our prior interpretations to the extent
they held otherwise.” 2015 Open Internet Order, 30 FCC
Rcd. at 5761 ¶ 360 n.993.
US Telecom next argues that the Commission “could not
rationally abandon its prior policy without account[ing] for
reliance interests that its prior policy engendered.” US
Telecom Pet’rs’ Br. 51 (alteration in original) (internal
quotation marks omitted). The Commission, however, did not
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