But even if a court finds differently, Entner said that the FCC order generally allows the agency to decide too many matters on a case-by-case basis.
"You don't know what's allowed or not until the FCC decides," Entner said. "That's very dangerous, especially to small companies and startups. Can you imagine a small company meeting with a venture capital investor who asks, 'Have you checked this idea with the FCC? We won't give you the $1 million if we don't know that this is actually allowed.'
"The order just leaves so much undecided, and that's a mess."
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