Verizon, T-Mobile and AT&T told the FCC it should move with care on a 5G fund, especially given the perilous state of the USF. Groups representing small carriers said the fund is critical to connecting millions of Americans on the wrong side of the digital divide. Comments were posted Tuesday in docket 20-32 in response to a Further NPRM approved by commissioners 4-0 in September (see 2309210035).

Industry welcomed the FCC's efforts to establish a sustainability framework as part of its review of the future of its USF high-cost programs. Comments posted Tuesday in docket 10-90 showed widespread support for a contribution revamp and ensuring ongoing support for operational expenses remains available.

Consumer advocates and industry groups urged the U.S. Court of Appeals for the D.C. Circuit to deny Consumers' Research's challenge of the FCC's Q1 2023 USF contribution factor in filings posted last week in docket 23-1091 (see 2304060042). Consumers' Research's brief "substantially mischaracterizes the roles that the FCC and [Universal Service Administrative Co.] perform in administering the universal service program," said Public Knowledge. Petitioners "avoid relevant precedent by creating false lines delineating when courts should apply different standards of the intelligible principle test," said a joint filing from USTelecom, NTCA, the Competitive Carriers Association, Schools, Health & Libraries Broadband Caolition, Benton Institute for Broadband & Society, National Digital Inclusion Alliance, and MediaJustice, the groups said.

Consumers' Research filed its second challenge of the FCC's quarterly USF contribution factor in the 5th U.S. Circuit Court of Appeals Monday. Oral argument for its challenge of the Q1 2022 contribution factor was heard during an en banc hearing in September (see 2309190072). In a new challenge of the Q4 2023 contribution factor, the group said the USF factor is an illegal tax and should be rejected. The petition was posted Tuesday in case 23-60525.

Consumers' Research filed its second challenge of the FCC's quarterly USF contribution factor in the 5th U.S. Circuit Court of Appeals Monday. Oral argument for its challenge of the Q1 2022 contribution factor was heard during an en banc hearing in September (see 2309190072). In a new challenge of the Q4 2023 contribution factor, the group said the USF factor is an illegal tax and should be rejected. The petition was posted Tuesday in case 23-60525.

House Communications Subcommittee Chairman Bob Latta, R-Ohio, and ranking member Doris Matsui, D-Calif., said during a Thursday hearing they’re signing on to the USF working group that Senate Communications Subcommittee leaders formed in May to evaluate how to move forward on a comprehensive revamp of the program that may update its contribution factor to include non-wireline entities (see 2305110066). The Thursday hearing largely focused on USF revamp and possible integration of the affordable connectivity program, as expected (see 2309120059).

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).

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).

USF revamp matters are expected to come up in both a Wednesday House Communications Subcommittee hearing on the state of the U.S. video marketplace (see 2309070060) and a likely Sept. 21 subpanel discussion on rural broadband funding, communications sector lobbyists told us. NAB CEO Curtis LeGeyt and other officials set to testify at the Wednesday hearing focused their written statements largely on more video-centric issues, including staking a range of positions on a recent push for the FCC to refresh its long-dormant docket (14-261) on reclassifying streaming services as MVPDs to fix a perceived disparity in retransmission consent rules. The hearing will begin at 2 p.m. in 2322 Rayburn.

Free Press urged lawmakers to make the FCC’s affordable connectivity program permanent as part of any USF revamp legislation. Congress should “appropriate the funding” for ACP “needed to ensure that low-income households can afford broadband long after the initial appropriation from” the 2021 Infrastructure Investment and Jobs Act “is expended,” FP said in comments to Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., ranking member John Thune, R-S.D., and other USF revamp working group members released Monday. Some other commenters also urged Congress to make ACP permanent, in some cases suggesting it outright replace the Lifeline program (see 2308250064). FP also asked lawmakers and the FCC to “reject the cynical call from some of the nation’s largest businesses to massively lower their own USF contribution burdens by imposing a regressive tax on residential broadband services. These parties have for years falsely warned that the USF contributions system is in a death-spiral,” which “is simply not true. The fact is that the total USF contribution pool in real terms peaked in 2012, and has declined substantially since. While the overall contribution factor percentage has risen, the average residential consumer has seen their contribution burden decline slightly, as the burden borne by large businesses increased slightly.”