106
The procedure thereby alleviates any remaining concerns
about the Rule’s allegedly unconstitutional vagueness. For
the reasons described, we uphold the Rule.
VII.
We finally turn to Alamo and Berninger’s First
Amendment challenge to the open internet rules. Having
upheld the FCC’s reclassification of broadband service as
common carriage, we conclude that the First Amendment
poses no bar to the rules.
A.
Before moving to the merits of the challenge, we must
address intervenor Cogent’s argument that Alamo and
Berninger lack standing to bring this claim. Because the rules
directly affect Alamo’s business, we conclude that Alamo has
standing.
In order to establish standing, a plaintiff must
demonstrate an “injury in fact” that is “fairly traceable” to the
defendant’s action and that can be “redressed by a favorable
decision.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–
61 (1992) (alterations and internal quotation marks omitted).
The dispute here is primarily about the first prong, injury in
fact. An injury in fact requires “invasion of a legally
protected interest which is (a) concrete and particularized, and
(b) actual or imminent, not conjectural or hypothetical.” Id.
(citations and internal quotation marks omitted).
Alamo uses fixed wireless technology to provide internet
service to customers outside San Antonio, Texas. See Alamo
Br., Portman Decl. ¶ 2. The company claims it “is injured by
the Order because it is a provider of broadband Internet access
service that the FCC seeks to regulate.” Id. ¶ 5 (italics
omitted). As a broadband provider, Alamo is itself “an object
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