96 opinion concurring in part and dissenting in part agreed with the court’s conclusion as to the existence of rulemaking authority under section 706 and made no suggestion that the conclusion was mere dicta. See Verizon, 740 F.3d at 659–68 (Silberman, J., concurring in part and dissenting in part). Alamo does not contend that the anti-paid-prioritization rule falls outside the scope of the Commission’s rulemaking authority under section 706 or is otherwise an improper exercise of that authority (if, as we held in Verizon and reiterate here, that authority exists in the first place). Alamo argues only that Verizon was wrong on the antecedent question of the Commission’s authority to promulgate rules under section 706 at all. Unfortunately for Alamo, Verizon established precedent on the existence of the Commission’s rulemaking authority under section 706 and thus controls our decision here. Consequently, we reject Alamo’s challenges to the Commission’s section 706 authority and to the anti-paidprioritization rule. Our colleague picks up where Alamo leaves off, arguing that, even if Verizon’s conclusions about the existence of the Commission’s section 706 authority were not mere dicta, Verizon’s conclusions about the scope of that authority (including the permissibility of the Commission’s reliance on the “virtuous cycle” of innovation) were dicta. Concurring & Dissenting Op. at 52. Both sets of conclusions, however, were necessary to our upholding the transparency rule. See Verizon, 740 F.3d at 639–40, 644–49. Consequently, as we held in Verizon and reaffirm today, the Commission’s section 706 authority extends to rules “governing broadband providers’ treatment of internet traffic”—including the antipaid-prioritization rule—in reliance on the virtuous cycle theory. Verizon, 740 F.3d at 628; see 2015 Open Internet Order, 30 FCC Rcd. at 5625–34 ¶¶ 76–85; id. at 5623–24