90
Id.; see also National Ass’n of Regulatory Utility
Commissioners v. FCC, 746 F.2d 1492, 1501 (D.C. Cir. 1984)
(“[W]e have concluded that the FCC has broad power to
regulate physically intrastate facilities where they are used for
interstate communication.”).
To be sure, Core
Communications concerned dial-up internet access, but
because broadband involves a similar mix of local facilities
and interstate information networks, we see no meaningful
distinction between the interpretation approved in Core
Communications and the one the Commission offered here.
Nor do we see any reason to obligate the Commission to
determine the legal status of each underlying “hypothetical
regulatory obligation[]” that could result from any particular
Communications Act provision prior to undertaking the
section 10 forbearance analysis. AT & T Inc. v. FCC, 452
F.3d 830, 836–37 (D.C. Cir. 2006).
Full Service Network’s final argument is not especially
clear. It appears to claim that the Commission provided
inadequate support for its forbearance decision. Pointing out
that in prior proceedings the Commission had found that
mandatory unbundling in the telephone context would
promote competition and emphasizing that Congress passed
section 251 to foster competition, Full Service Network
argues that “[section 10] surely requires more to support
forbearance than an assertion by the FCC that ‘other
authorities’ are adequate and the public interest will be better
served by enhancing the agency’s discretion.” Full Service
Network Pet’rs’ Br. 20.
In evaluating Full Service Network’s argument that the
Commission failed to provide adequate justification for its
forbearance decision, we are guided by “the traditional
‘arbitrary
and
capricious’
standard,”
Cellular
Telecommunications & Internet Ass’n v. FCC, 330 F.3d 502,
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