“The cable industry has consistently delivered faster Internet speeds to American consumers with networks that offer 50 Mbps to 85 percent of U.S. homes, widely available tiers that exceed 100 Mbps and Gigabit speeds in some communities. While cable network Internet speeds already meet and exceed the FCC’s new broadband description, we are troubled that the Commission majority has arbitrarily chosen a definition of broadband in its Section 706 report that ignores how millions of consumers currently access the Internet. Instead of an accurate assessment of America’s broadband marketplace and the needs and uses of consumers, the FCC action is industrial policy that is not faithful to Congress’s direction in Section 706 to assess the market, but a clear effort to justify and expand the bounds of the FCC's own authority.”