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.

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).

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."

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).

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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."

The 5th U.S. Circuit Court of Appeals denied Consumers' Research's challenge of the FCC's method for funding the USF under the nondelegation doctrine, in a ruling Friday (see 2212060070). The FCC "has not violated the private nondelegation doctrine because it wholly subordinates" the Universal Service Administrative Co., the court said, noting Congress "supplied the FCC with intelligible principles when it tasked the agency with overseeing" USF.