USF News: U.S. Court of Appeals Fifth Circuit Decision in Consumers’ Research v. FCC

On March 24, 2023, in Consumers’ Research v. FCC, the U.S. Court of Appeals for the Fifth Circuit issued a Decision (No. 22-60008) upholding the constitutionality of Congress’s delegation of administration of the Universal Service Fund (USF) to the FCC and the FCC’s subsequent reliance on Universal Service Administrative Company (USAC) for support USF programs. The challengers argued that Congress failed to supply the FCC with an ​“intelligible principle” to guide the FCC’s administration, and that the FCC’s relationship with USAC violates the private nondelegation doctrine. On the same day, FCC Commissioner Starks issued a statement about the decision upholding the constitutionality of the FCC’s administration of the USF. In his statement, Commissioner starks highlighted the importance of the USF and its impact on rural and low-income communities.

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