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perform any and all acts, make such rules and regulations, and
issue such orders, not inconsistent with this chapter, as may
be necessary in the execution of its functions.”); In re Formal
Complaint of Free Press and Public Knowledge Against
Comcast Corp. for Secretly Degrading Peer-to-Peer
Applications, 23 FCC Rcd. 13,028, 13,034–41 ¶¶ 14–22
(2008). In Comcast, we vacated that order because the
Commission had failed to identify any grant of statutory
authority to which the order was reasonably ancillary. 600
F.3d at 644.
C.
Following Comcast, the Commission issued a notice of
inquiry, seeking comment on whether it should reclassify
broadband as a telecommunications service. See In re
Framework for Broadband Internet Service, 25 FCC Rcd.
7866, 7867 ¶ 2 (2010). Rather than reclassify broadband,
however, the Commission adopted the 2010 Open Internet
Order. See 25 FCC Rcd. 17,905. In that order, the
Commission promulgated three rules: (1) a transparency rule,
which required broadband providers to “disclose the network
management practices, performance characteristics, and terms
and conditions of their broadband services”; (2) an antiblocking rule, which prohibited broadband providers from
“block[ing] lawful content, applications, services, or nonharmful devices”; and (3) an anti-discrimination rule, which
established that broadband providers “may not unreasonably
discriminate in transmitting lawful network traffic.” Id. at
17,906 ¶ 1. The transparency rule applied to both “fixed”
broadband, the service a consumer uses on her laptop when
she is at home, and “mobile” broadband, the service a
consumer uses on her iPhone when she is riding the bus to
work. Id. The anti-blocking rule applied in full only to fixed
broadband, but the order prohibited mobile broadband
providers from “block[ing] lawful websites, or block[ing]
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