103 Freeman, 108 F.3d at 362 (alterations and internal quotation marks omitted). That concern is particularly acute here, because of the speed with which broadband technology continues to evolve. The dynamic market conditions and rapid pace of technological development give rise to pronounced concerns about ready circumvention of particularized regulatory restrictions. The flexible approach adopted by the General Conduct Rule aims to address that concern in a field in which “specific regulations cannot begin to cover all of the infinite variety of conditions.” Id. (alteration and internal quotation marks omitted). Any ambiguity in the General Conduct Rule is therefore a far cry from the kind of vagueness this court considered problematic in Timpinaro v. SEC, 2 F.3d 453 (D.C. Cir. 1993), on which US Telecom heavily relies. In that case, we found a multifactor SEC rule defining a professional trading account to be unconstitutionally vague because “a trader would be hard pressed to know when he is in danger of triggering an adverse reaction.” Id. at 460. We emphasized that “five of the seven factors . . . are subject to seemingly open-ended interpretation,” and that the uncertainty is “all the greater when these mysteries are considered in combination, according to some undisclosed system of relative weights.” Id. Unlike in Timpinaro, in which the factors were left unexplained, in this case, as noted, the Commission included a detailed paragraph clarifying and elaborating on each of the factors. And because the provision at issue in Timpinaro was a technical definition of a professional trading account, the context of the regulation shed little additional light on its meaning. In contrast, the knowledge that the General Conduct Rule was expressly adopted to complement the bright-line rules helps delineate the contours of the proscribed conduct here.

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