44
broadband investment “are far outweighed by positive effects
on innovation and investment in other areas of the ecosystem
that [its] core broadband polices will promote.” Id. at 5791 ¶
410. In reviewing these conclusions, we ask not whether they
“are correct or are the ones that we would reach on our own,
but only whether they are reasonable.” EarthLink, 462 F.3d
at 12 (internal quotation marks omitted). Moreover, “[a]n
agency’s predictive judgments about areas that are within the
agency’s field of discretion and expertise are entitled to
particularly deferential review, as long as they are
reasonable.” Id. (internal quotation marks omitted). The
Commission has satisfied this highly deferential standard. As
to section 207, the Commission explained that “[a]lthough [it]
appreciate[d] carriers’ concerns that [its] reclassification
decision could create investment-chilling regulatory burdens
and uncertainty, [it] believe[d] that any effects are likely to be
short term and will dissipate over time as the marketplace
internalizes [the] Title II approach.” 2015 Open Internet
Order, 30 FCC Rcd. at 5791 ¶ 410. This too is precisely the
kind of “predictive judgment[] . . . within the agency’s field of
discretion and expertise” that we do not second guess.
In a related argument, the partial dissent contends that the
Commission lacked “good reasons” for reclassifying because
its rules, particularly the General Conduct Rule, will decrease
future investment in broadband by increasing regulatory
uncertainty. Although US Telecom asserts in the introduction
to its brief that the rules “will undermine future investment by
large and small broadband providers,” US Telecom Pet’rs’ Br.
4, it provides no further elaboration on this point and never
challenges reclassification on the ground that the rules will
harm broadband investment. As we have said before, “[i]t is
not enough merely to mention a possible argument in the most
skeletal way, leaving the court to do counsel’s work.” New
York Rehabilitation Care Management, LLC v. NLRB, 506
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