Benton, SHLB and Others Seek to Intervene in 5th Circuit USF Case
Several public interest groups are seeking to intervene in Consumers' Research’s 5th U.S. Circuit Court of Appeals challenge to the constitutionality of the USF, according to court filings. Motions to intervene have been filed by the Schools, Health & Libraries Broadband Coalition and jointly by the Benton Institute for Broadband & Society, the National Digital Inclusion Alliance and the Center for Media Justice. Consumers’ Research is expected to oppose the motions to intervene, though such motions from the same groups have been granted in previous cases that Consumers’ Research brought against the USF, the filings said.
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Both filings said the groups satisfy the legal requirements to participate in the case because their members would be affected if the USF program were terminated, and their interests differ enough from the FCC’s that their views should be represented. “Impairment or abolition of [the Universal Service Administrative Co.] poses a far greater threat” to the groups than to the FCC, said the joint filing from Benton and others. The FCC could respond to an adverse decision by finding a new way to administer USF programs, but the intervenors have “a powerful interest” in maintaining the current structure, which includes requirements that the USAC board include representation from tribal entities, schools and low-income consumers, the groups said.