The Regulatory Commission of Alaska (RCA) adopted emergency regulations to extend the Alaska USF (AUSF) until Oct. 29. At a partially virtual meeting Wednesday, commissioners voted 4-0 for draft rules that largely track with a Department of Law (DOL) proposal last month, but with two changes that respond to industry concerns. Also, commissioners unanimously agreed to extend the statutory deadline for docket R-21-001 by 90 days until Sept. 27. This will give the RCA time to adopt a three-year extension through regular procedure. AUSF stakeholders applauded the commission's actions.

Texas legislators passed broadband funding and consumer privacy bills before adjourning Monday. Gov. Gregg Abbott (R) has until June 18 to consider many of the bills. "This was a big, important session for rural telecom,” said Texas Telephone Association (TTA) Executive Director Mark Seale in an interview Tuesday.

The 6th U.S. Circuit Court of Appeals should grant Consumers’ Research’s request for a rehearing of its challenge of the FCC’s USF 2021 Q4 contribution factor because the authority to decide taxing and spending policies can't be "delegated,” said the Competitive Enterprise Institute and the Free State Foundation in an amicus brief Tuesday (docket 21-3886).

TechFreedom backed Consumers' Research's request for a rehearing of its challenge of the FCC's USF 2021 Q4 contribution factor in the 6th U.S. Circuit Court of Appeals (see 2305100063). "The FCC’s subdelegation of authority to [the Universal Service Administrative Co.] is unconstitutional," the group said in an amicus brief filed Monday in case 21-3886, saying the commission "passed the management of the USF to a private entity" without Congress's permission. "Private delegation is bad enough," TechFreedom said: "Private delegation absent congressional approval is intolerable."

Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and ranking member John Thune, R-S.D., said during and after a Thursday hearing they’re forming a USF-focused task force to evaluate how to move forward on a comprehensive revamp of the program that may update its contribution factor to include non-wireline entities. Senate Communications members cited several telecom policy matters that intertwine with the push for USF changes, including future funding for the FCC’s affordable connectivity fund and restoring the commission’s lapsed spectrum auction authority.

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).