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The FCC’s controversial “Open Internet” order of late December is 87 plus pages long, results from thousands of pages of prior commentary and court decisions, and has generated enormous further commentary already. In contrast, the actual, substantive new FCC Rules adopted in that order are less than 2 pages long. As an effort to balance competing interests, the new rules state aspirational guidance (generalities) and the “spirit” of the law. The meaning of, and the hard cases for what is “reasonable”, “appropriate”, “sufficient”, “efforts” and the like can be expected to develop from the hard cases ahead, left to the courts (assuming the rules’ foundation itself survives expected court challenges). The new Rules are available here.

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