Consumers' Research v. FCC

  1. September 19, 2023

    Full 5th Circ. Skeptical Of FCC's Universal Service Regime

    Fifth Circuit judges voiced reservations Tuesday about the constitutionality of the Federal Communications Commission's long-running use of an outside company to carry out contested statutory powers to collect fees for telecom subsidy programs.

  2. September 08, 2023

    Telecom Groups Urge 5th Circ. To Back FCC Subsidy Fees

    Several telecommunication interest groups have urged the full Fifth Circuit to stand by a panel's finding that the Federal Communications Commission's fund for providing universal communication services is constitutional, arguing that the program is consistent with guidelines set by Congress and the enabling statute sufficiently curbs the agency's power.

  3. June 30, 2023

    Full 5th Circ. Agrees To Rehear Ruling On FCC Subsidy Fees

    The Fifth Circuit has said yes to a full panel rehearing of its decision upholding the constitutionality of the Federal Communications Commission's fund for providing universal communications services — an issue that the plaintiff in the case is pressing in multiple circuits.

  4. April 21, 2023

    Full 5th Circ. Asked To Rethink FCC Subsidy Fees Ruling

    A free market advocacy group has asked the full Fifth Circuit to reconsider a unanimous panel decision that upheld the Federal Communications Commission's fund for providing universal communication services.

  5. March 29, 2023

    5th Circ. Nixed Telecom Fund Protest, But Will Others Agree?

    Soon after the Fifth Circuit upheld the Universal Service Fund for telecom subsidies, attention turned to the Sixth and Eleventh circuits, where a decision from either appeals court against the system could nudge the issue closer to U.S. Supreme Court review.

  6. March 24, 2023

    5th Circ. Upholds FCC's Universal Service Fund

    The Fifth Circuit upheld the Federal Communications Commission's collection of fees for telecom subsidy programs Friday, ruling the Universal Service Fund does not violate a doctrine that says Congress can't delegate authority to raise revenue.

  7. December 05, 2022

    5th Circ. Probes 'Upshot' Of Overturning FCC Subsidy Fees

    A Fifth Circuit panel explored Monday what would happen if the Federal Communications Commission's fee collection to support telecom subsidies were overturned, as they dissected the legality of giving the FCC and an outside entity power to levy the fees.

  8. September 23, 2022

    6th Circ. Told FCC's Universal Service Fund Unconstitutional

    Free market advocates challenging the constitutionality of the Federal Communications Commission's fund for providing universal communication services have told the Sixth Circuit that the fees collected for the fund are among the "most regressive taxes in America." 

  9. June 21, 2022

    5th Circ. Urged To Ax Challenge To FCC Subsidy Fees

    A bipartisan group of lawmakers has banded with industry and consumer advocates to press the Fifth Circuit to reject a challenge to fees on telecom services that pay for multiple Federal Communications Commission subsidy programs.

  10. April 19, 2022

    Free-Market Groups Want 5th Circ. To Kill FCC Subsidy Fund

    The Federal Communications Commission has been levying an illegal tax for the last quarter-century by requiring phone companies to contribute to its Universal Service Fund, a cost they pass on to customers, a collection of libertarian think tanks and conservative voices have told the Fifth Circuit.