101 will be found to satisfy due process so long as they are sufficiently specific that a reasonably prudent person, familiar with the conditions the regulations are meant to address and the objectives the regulations are meant to achieve, would have fair warning of what the regulations require.” Freeman United Coal Mining Co. v. Federal Mine Safety & Health Review Commission, 108 F.3d 358, 362 (D.C. Cir. 1997). That standard is met here. The Commission has articulated “the objectives the [General Conduct Rule is] meant to achieve,” id.: to serve as a complement to the bright-line rules and advance the central goal of protecting consumers’ ability to access internet content of their choosing. See 2015 Open Internet Order, 30 FCC Rcd. at 5659–60 ¶¶ 135–37. The Commission set forth seven factors that will guide the determination of what constitutes unreasonable interference with, or disadvantaging of, end-user or edge-provider access: end-user control; competitive effects; consumer protection; effect on innovation, investment, or broadband deployment; free expression; application agnosticism; and standard practices. See id. at 5661–64 ¶¶ 139–45. The Commission’s articulation of the Rule’s objectives and specification of the factors that will inform its application “mark out the rough area of prohibited conduct,” which suffices to satisfy due process in this context. DiCola, 77 F.3d at 509 (internal quotation marks omitted). Moreover, the Commission did not merely set forth the factors; it also included a description of how each factor will be interpreted and applied. For instance, when analyzing the competitive effects of a practice, the Commission instructs that it will “review the extent of an entity’s vertical integration as well as its relationships with affiliated entities.” 2015 Open Internet Order, 30 FCC Rcd. at 5662 ¶ 140. The Commission defines a practice as application-agnostic if it

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos