United States Telecom Ass'n v. Federal Communications Commission

I agree with much of the majority opinion but am constrained to dissent. In my view the Commission’s Order must be vacated for three reasons:

I. The Commission’s justification of its switch in classification of broadband from a Title I information service to a Title II telecommunications service fails for want of reasoned decisionmaking, (a) Its assessment of broadband providers’ reliance on the now-abandoned classification disregards the record, in violation of its obligation under F.C.C. v. Fox Television Stations, Inc., 556 U.S. 502, 515, 129 S.Ct. 1800, 173 L.Ed.2d 738 (2009). Furthermore,…