Judges on the 5th U.S. Circuit Court of Appeals questioned the FCC on how the commission structures its Universal Service Fund and oversees the role the Universal Service Administrative Co. plays in determining quarterly contribution factors during an en banc hearing Tuesday. Some pressed Consumers' Research on how the private nondelegation doctrine applied to its challenge of the Q1 2022 USF contribution factor (see 2309010060).
The FCC told the 5th U.S. Circuit Court of Appeals that Consumers' Research's challenge of its Q1 2022 USF contribution factor "lacks merit" and defended the Universal Service Administrative Co.'s role as "exclusively administrative" in establishing quarterly factors. "Congress’s delegation of authority to the FCC amply satisfies the constitutional standard set forth in controlling Supreme Court precedent," said the commission. The USAC "has no policymaking authority" and is "overseen by the FCC at every step," the said in an en banc brief posted Thursday in case 22-60008 (see 2308070033). The FCC also said CR's private delegation challenge should be rejected because USAC "does not exercise regulatory power" or have any policymaking role in administering USF programs.
The FCC told the 5th U.S. Circuit Court of Appeals that Consumers' Research's challenge of its Q1 2022 USF contribution factor "lacks merit" and defended the Universal Service Administrative Co.'s role as "exclusively administrative" in establishing quarterly factors. "Congress’s delegation of authority to the FCC amply satisfies the constitutional standard set forth in controlling Supreme Court precedent," said the commission. The USAC "has no policymaking authority" and is "overseen by the FCC at every step," the said in an en banc brief posted Thursday in case 22-60008 (see 2308070033). The FCC also said CR's private delegation challenge should be rejected because USAC "does not exercise regulatory power" or have any policymaking role in administering USF programs.
Consumers' Research asked the U.S. Supreme Court to extend the deadline to file its cert petition challenging a 6th U.S. Circuit Court of Appeals decision upholding the FCC's USF 2021 Q4 contribution factor (see 2305300009). The group asked in an application posted Friday that the court extend the Aug. 28 deadline by 60 days, to Oct. 27, to file its petition. The group noted the 5th Circuit's decision to grant rehearing for its challenge of a separate contribution factor, saying it "signals that it may soon split from the Sixth Circuit on these important nondelegation matters" (see 2306290074).
Consumers' Research asked the U.S. Supreme Court to extend the deadline to file its cert petition challenging a 6th U.S. Circuit Court of Appeals decision upholding the FCC's USF 2021 Q4 contribution factor (see 2305300009). The group asked in an application posted Friday that the court extend the Aug. 28 deadline by 60 days, to Oct. 27, to file its petition. The group noted the 5th Circuit's decision to grant rehearing for its challenge of a separate contribution factor, saying it "signals that it may soon split from the Sixth Circuit on these important nondelegation matters" (see 2306290074).
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Consumers' Research petitioned the 5th U.S. Circuit Court of Appeals to review and vacate the FCC's approval of the Q3 2023 USF contribution factor, per a filing Friday in case 23-60359. The group has a pending en banc rehearing of its challenge of the FCC's Q1 2022 contribution factor (see 2306300086).
Consumers' Research petitioned the 5th U.S. Circuit Court of Appeals to review and vacate the FCC's approval of the Q3 2023 USF contribution factor, per a filing Friday in case 23-60359. The group has a pending en banc rehearing of its challenge of the FCC's Q1 2022 contribution factor (see 2306300086).
The 5th U.S. Circuit Court of Appeals approved a request Thursday for an en banc rehearing of Consumers' Research's challenge of the FCC's method for funding the USF. In March, a three-judge panel ruled unanimously against Consumers' Research, saying the FCC "has not violated the private nondelegation doctrine because it wholly subordinates" the Universal Service Administrative Co., and Congress "supplied the FCC with intelligible principles when it tasked the agency with overseeing" USF (see 2303240049).
The 5th U.S. Circuit Court of Appeals approved a request for an en banc rehearing of Consumers' Research's challenge of the FCC's method for funding the USF. In March, a three-judge panel ruled unanimously against Consumers' Research, saying the FCC "has not violated the private nondelegation doctrine because it wholly subordinates" the Universal Service Administrative Co., and Congress "supplied the FCC with intelligible principles when it tasked the agency with overseeing" USF.