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).

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).

The telecom industry recoiled at the new direction for a California Public Utilities Commission rulemaking that previously focused on state USF charges. The CPUC has no business investigating provider-imposed charges, said phone, cable and wireless companies in comments Wednesday. Consumer advocates welcomed the review into discretionary charges they said aren’t always expected by customers.

The 5th Circuit U.S. Court of Appeals "erroneously upheld the USF revenue-raising mechanism" in its ruling against Consumers' Research petition on the FCC's Q1 2022 contribution factor, the group told the 11th Circuit (see 2303240049). The group challenged the Q4 2022 factor in the 11th Circuit. The court "never addressed" the group's argument about the nondelegation doctrine's intelligible principle "in the context of revenue-raising," Consumers' Research said in a letter posted Monday (docket 22-13315). The group also said the court "found no private nondelegation violation despite the FCC never bothering to issue a separate approval of [the Universal Service Administrative Co.'s] quarterly proposal and having only 'a small window' for review."

The 5th Circuit U.S. Court of Appeals "erroneously upheld the USF revenue-raising mechanism" in its ruling against Consumers' Research petition on the FCC's Q1 2022 contribution factor, the group told the 11th Circuit (see 2303240049). The group challenged the Q4 2022 factor in the 11th Circuit. The court "never addressed" the group's argument about the nondelegation doctrine's intelligible principle "in the context of revenue-raising," Consumers' Research said in a letter posted Monday (docket 22-13315). The group also said the court "found no private nondelegation violation despite the FCC never bothering to issue a separate approval of [the Universal Service Administrative Co.'s] quarterly proposal and having only 'a small window' for review."

A three-judge panel on the 6th U.S. Circuit Court of Appeals questioned the timing of Consumers' Research's challenge of the USF 2021 Q4 contribution factor and how the nondelegation doctrine applied to the FCC's determination of the quarterly factor Thursday. Judges heard oral argument Friday on the challenge (see 2303060069).