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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
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