104 Finally, the advisory-opinion procedure accompanying the General Conduct Rule cures it of any potential lingering constitutional deficiency. The Commission announced in the Order that it would allow companies to obtain an advisory opinion concerning any “proposed conduct that may implicate the rules,” in order to “enable companies to seek guidance on the propriety of certain open Internet practices before implementing them.” 2015 Open Internet Order, 30 FCC Rcd. at 5706 ¶¶ 229–30. The opinions will be issued by the Enforcement Bureau and “will be publicly available.” Id. at 5706–07 ¶¶ 229, 231. As a result, although the Commission did not reach a definitive resolution during the rulemaking process as to the permissibility under the General Conduct Rule of practices such as zero-rating and usage caps, see id. at 5666–67 ¶ 151, companies that seek to pursue those sorts of practices may petition for an advisory opinion and thereby avoid an inadvertent infraction. The opportunity to obtain prospective guidance thus provides regulated entities with “relief from [remaining] uncertainty.” DiCola, 77 F.3d at 509; see also Hoffman, 455 U.S. at 498. Petitioners argue that the advisory-opinion process is insufficient because opinions cannot be obtained for existing conduct, conduct subject to a pending inquiry, or conduct that is a “mere possibilit[y].” 2015 Open Internet Order, 30 FCC Rcd. at 5707 ¶ 232. But the fact that advisory opinions cannot be used for present conduct or conduct pending inquiry is integral to the procedure’s purpose—to encourage providers to “be proactive about compliance” and obtain guidance on proposed actions before implementing them. Id. at 5706 ¶ 229. Petitioners also point out that the guidance provided in advisory opinions is not binding. See id. at 5708 ¶¶ 235. The Bureau’s ability to adjust its views after issuing an advisory opinion, however, does not negate the procedure’s usefulness for companies seeking to avoid

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