87
statutory text of § 10—not § 251—contradicts the FCC’s
interpretation.” Id. We found reasonable the Commission’s
conclusion that its section 10 analysis did not need to
incorporate any statutory requirement arising from section
251. Id. at 300–01. We do so again here.
Full Service Network next challenges the Commission’s
finding that “the availability of other protections adequately
addresses commenters’ concerns about forbearance from the
interconnection provisions under the section 251/252
framework.” 2015 Open Internet Order, 30 FCC Rcd. at
5849–50 ¶ 513 (footnote omitted). Specifically, Full Service
Network attacks the Commission’s determination that section
201 gives it sufficient authority to ensure that broadband
networks connect to one another for the mutual exchange of
traffic. Section 201 requires “every common carrier engaged
in interstate or foreign communication by wire or radio to
furnish such communication service upon reasonable request
therefor” and, upon an order of the Commission, “to establish
physical connections with other carriers, to establish through
routes and charges applicable thereto and the divisions of
such charges, and to establish and provide facilities and
regulations for operating such through routes.” 47 U.S.C.
§ 201(a).
“All charges, practices, classifications, and
regulations for and in connection with such communication
service, shall be just and reasonable . . . .” Id. § 201(b).
Section 251 includes a savings provision that “[n]othing in
this section shall be construed to limit or otherwise affect the
Commission’s authority under section 201.” Id. § 251(i).
Full Service Network first contends that the
Commission’s authority under section 201 does not extend to
physical co-location, under which local exchange carriers
must allow third-party providers to physically locate cables on
their property in furtherance of network connections. In
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