105 inadvertent violations of the Rule. Nonbinding opinions thus are characteristic of advisory processes, including the Department of Justice Antitrust Division’s business review letter procedure, which served as the model for the Commission’s process. See id. Expecting the Bureau to issue final, irrevocable decisions on the permissibility of proposed conduct before seeing the actual effects of that conduct could produce anomalous results. Our colleague also identifies certain perceived deficiencies in the advisory-opinion process. Notably, however, the partial dissent makes no argument that the General Conduct Rule is unconstitutionally vague. Rather, in arguing that the Commission’s reclassification of broadband is arbitrary and capricious, the partial dissent criticizes the advisory-opinion process on the grounds that the Bureau could choose to refrain from offering answers and that the process will be slow. See Concurring & Dissenting Op. at 22–23. Insofar as those criticisms may seem germane to petitioners’ vagueness challenge, we find them unpersuasive. Even if the Bureau’s discretion about whether to provide an answer could be problematic in the absence of any further guidance in the Rule as to the kinds of conduct it prohibits, here, as explained, the Rule does provide such guidance. The advisory-opinion procedure simply acts as an additional resource available to companies in instances of particular uncertainty. Moreover, the partial dissent’s suppositions about the slowness of the process stem solely from the absence of firm deadlines by which the Bureau must issue an opinion. There is no indication at this point, however, that the Bureau will fail to offer timely guidance. In the end, the advisory-opinion procedure can be expected to provide valuable (even if imperfect) guidance to providers seeking to comply with the General Conduct Rule.

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