Consumers' Research petitioned the 6th U.S. Circuit Court of Appeals for an en banc review of an opinion denying its challenge of the FCC's USF 2021 Q4 contribution factor, saying the opinion "turned the nondelegation doctrine on its head" and "conflicts with binding precedent." The court denied the group's challenge last week (see 2305040087). "Under the opinion, there is nothing stopping agencies from handing over vast powers to private companies run by industry interest groups," the group said in its petition, filed Wednesday in case 21-3886.

Consumers' Research petitioned the 6th U.S. Circuit Court of Appeals for an en banc review of an opinion denying its challenge of the FCC's USF 2021 Q4 contribution factor, saying the opinion "turned the nondelegation doctrine on its head" and "conflicts with binding precedent." The court denied the group's challenge last week (see 2305040087). "Under the opinion, there is nothing stopping agencies from handing over vast powers to private companies run by industry interest groups," the group said in its petition, filed Wednesday in case 21-3886.

California’s shift to a state USF flat fee discriminates against people with less income, said minority advocates in a proposed amicus brief Monday at the 9th U.S. Circuit Court of Appeals. They supported T-Mobile and subsidiaries’ challenge to the CPUC order, which took effect last month, to set a $1.11 per-line surcharge to fund state USF (see 2305020038). “The low-income individuals who are the intended beneficiaries of the surcharge-funded program will be hardest hit,” wrote the Multicultural Media Telecom and Internet Council (MMTC), ALLvanza, NAACP's California Hawaii State Conference and LatinoJustice.

The 6th U.S. Circuit Court of Appeals denied Consumers' Research's challenge of the FCC's USF 2021 Q4 contribution factor, in an opinion published Thursday in case 21-3886. A three-judge panel heard oral argument in March and is the second court to deny a challenge from the group (see 2303240049). "Congress provided the FCC with a detailed statutory framework regarding universal service," wrote Judge Karen Nelson Moore, saying Section 254 of the Communications Act "does not violate the nondelegation doctrine." The opinion also cited the Universal Service Administrative Co.'s "subordination to the FCC and its assistance with fact gathering and ministerial support" wasn't a "private-nondelegation doctrine violation." Competitive Carriers Association, NTCA and USTelecom welcomed the ruling in a joint statement: "We believe that other courts considering similar challenges should come to the same conclusion.” Consumers' Research didn't comment.

Consumers' Research asked the FCC to set the Q3 USF contribution factor to zero, saying in comments posted Wednesday in docket 96-45 that the Office of Managing Director should "do the same for all future proposed universal service contribution factors due to the illegality of this entire scheme and process." The group has several pending legal challenges of prior quarterly USF contribution factors (see 2304060042).

The 6th U.S. Circuit Court of Appeals denied Consumers' Research's challenge of the FCC's USF 2021 Q4 contribution factor, in an opinion published Thursday in case 21-3886. A three-judge panel heard oral argument in March and is the second court to deny a challenge from the group (see 2303240049). "Congress provided the FCC with a detailed statutory framework regarding universal service," wrote Judge Karen Nelson Moore, saying Section 254 of the Communications Act "does not violate the nondelegation doctrine." The opinion also cited the Universal Service Administrative Co.'s "subordination to the FCC and its assistance with fact gathering and ministerial support" wasn't a "private-nondelegation doctrine violation." Competitive Carriers Association, NTCA and USTelecom welcomed the ruling in a joint statement: "We believe that other courts considering similar challenges should come to the same conclusion.” Consumers' Research didn't comment.

Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., confirmed Thursday he plans a hearing as soon as the second week of May with a primary focus on a potential legislative USF revamp. “My intention is for the focus to be in and around USF” given ongoing work with Communications ranking member John Thune, R-S.D., to “create a working group” to draft a legislative revamp, Lujan told us. “Thus far it feels like there’s bipartisan interest from all sides,” so “I’m hopeful this hearing will bring” the issue onto “the front burner and maybe can act as a catalyst for us all to work together and get things done.” Lujan and former Senate Commerce Committee ranking member Roger Wicker, R-Miss., refiled the Funding Affordable Internet with Reliable (Fair) Contributions Act last month to direct an FCC study of expanding the USF funding pool to include edge providers like Google-owned YouTube and Netflix (see 2303160080). Thune and Sen. Amy Klobuchar, D-Minn., refiled the Reforming Broadband Connectivity Act in late March in a bid to revamp USF's funding mechanism (see 2303280071).

Consumers' Research petitioned the 5th U.S. Circuit Court of Appeals for an en banc review of an opinion denying its challenge of the FCC's Q1 2022 USF contribution factor, saying the opinion "further watered down" the nondelegation doctrine's "intelligible principle standard" (see 2303240049). "The novel delegation to an agency of a broad and perpetual taxing power should have raised alarm bells," Consumers' Research said in its petition, filed Thursday in case 22-60008. The group said an en banc review was warranted "not only because it conflicts with binding precedent but also because of the significance of the issues involved."

Federal officials highlighted the need for continued stakeholder engagement and strategic investments to ensure broadband deployment efforts funded by the Infrastructure Investment and Jobs Act are implemented efficiently, during an NTCA event Monday. USDA Rural Development Deputy Undersecretary Farah Ahmad also announced the launch of a $20 million broadband technical assistance program to assist rural development projects.

Consumers' Research challenged the FCC's Q1 2023 USF contribution factor in the U.S. Court of Appeals for the D.C. Circuit, saying "no separate document was issued when the proposed USF tax factor was deemed approved by the FCC on March 28." The petition, filed Monday in docket 23-1091, said approval of the contribution factor "exceed[s] the FCC’s statutory authority" and asked the court to deem the factor unlawful. It's the fourth challenge of a quarterly factor by the group. The 5th Circuit denied the group's challenge of the Q1 2022 factor in March (see 2303240049).