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Tuesday, June 14, 2016

Zero rating in the US: no news

"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."
P104 in the judgment, so it's still up to Wheeler's FCC to decide whether to impose rules in Obama's last 6 months.

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