97
¶¶ 281–82. Even if there were any lingering uncertainty
about the import of our decision in Verizon, we fully adopt
here our findings and analysis in Verizon concerning the
existence and permissible scope of the Commission’s section
706 authority, including our conclusion that the
Commission’s virtuous cycle theory provides reasonable
grounds for the exercise of that authority.
That brings us to our colleague’s suggestion that the
Order embodies a “central paradox[]” in that the Commission
relied on the Telecommunications Act to “increase
regulation” even though the Act was “intended to ‘reduce
regulation.’” Concurring & Dissenting Op. at 53. We are
unmoved. The Act, by its terms, aimed to “encourage the
rapid deployment of new telecommunications technologies.”
Telecommunications Act of 1996, Pub. L. 104–104, 110 Stat
56. If, as we reiterate here (and as the partial dissent agrees),
section 706 grants the Commission rulemaking authority, it is
unsurprising that the grant of rulemaking authority might
occasion the promulgation of additional regulation. And if, as
is true here (and was true in Verizon), the new regulation is
geared to promoting the effective deployment of new
telecommunications technologies such as broadband, the
regulation is entirely consistent with the Act’s objectives.
B.
The Due Process Clause “requires the invalidation of
laws [or regulations] that are impermissibly vague.” FCC v.
Fox Television Stations, Inc., 132 S. Ct. 2307, 2317 (2012).
US Telecom argues that the General Conduct Rule falls
within that category. We disagree.
The General Conduct Rule forbids broadband providers
from engaging in conduct that “unreasonably interfere[s] with
or unreasonably disadvantage[s] (i) end users’ ability to
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