The 5th U.S. Circuit Court of Appeals has lifted the stay in Consumers’ Research’s latest challenge to the USF, according to an order Wednesday in docket 25-60535. The FCC previously requested the stay during the government shutdown and earlier this week asked for it to be lifted (see 2512020011).
The FCC asked the 5th U.S. Circuit Court of Appeals to lift the stay in Consumers’ Research’s latest challenge to the USF, according to a filing Monday in docket 25-60535. Petitioners agreed to the motion, said the agency, which previously sought the delay until the government reopened (see 2511040071).
Consumers’ Research and its allies urged the FCC to zero out the proposed USF contribution factor for Q1 (see 2511100035), despite the U.S. Supreme Court decision last summer that the factor is constitutional (see 2506270054). “Several important arguments remain for why the USF, either in whole or in part, is unlawful, including in its application by the Commission,” said a filing Thursday in docket 96-45. The group makes a similar filing each quarter.
Consumers’ Research and other parties challenging the legality of the USF contribution factor at the 5th U.S. Circuit Court of Appeals urged the court not to allow various public interest groups to intervene. Motions to intervene were filed last month by the Schools, Health & Libraries Broadband Coalition and jointly by the Benton Institute for Broadband & Society, the National Digital Inclusion Alliance and the Center for Media Justice (see 2510300042). The 5th Circuit stayed the case Tuesday because of the federal shutdown (see 2511040071).
The U.S. Supreme Court’s decision to uphold the USF in Consumers’ Research v. FCC could prove critical as justices hear argument Wednesday on President Donald Trump’s legal authority to impose tariffs, said Adam White, a senior fellow at the American Enterprise Institute, in a blog post Monday. The case turns on how justices view presidential authority under the International Emergency Economic Powers Act of 1977, White wrote. “If justices see the Trump tariffs as mainly a matter of foreign policy, and if they see IEEPA’s ‘regulate’ provision as ambiguous, then perhaps they will give substantial deference to the president’s interpretation.”
The 5th U.S. Circuit Court of Appeals Tuesday agreed to stay Consumers’ Research’s latest challenge to the USF because of the federal government shutdown, as requested by the FCC (see 2510310043), said an order in docket 25-60535. The request wasn’t opposed by any of the parties in the case. A lawyer involved in the proceeding said the order was “no big deal” and responds to a motion that the government is filing in almost all new non-urgent cases.
The FCC has asked the 5th U.S. Circuit Court of Appeals to stay Consumers’ Research’s legal challenge to the USF because of the federal shutdown, said a motion filed Friday in docket 25-60535. The request for stay is unopposed, it said. The agency wants the court to stay the case until 14 days after the shutdown ends and extend all deadlines to the date the stay is lifted. The next filing deadline in the case is currently Nov. 10. The reduction in the FCC and DOJ workforces caused by the shutdown “has effectively eliminated the ability of counsel who have worked on and are familiar with this case to handle the litigation while the lapse in appropriations continues,” the filing said.
Several public interest groups are seeking to intervene in Consumers' Research’s 5th U.S. Circuit Court of Appeals challenge to the constitutionality of the USF, according to court filings. Motions to intervene have been filed by the Schools, Health & Libraries Broadband Coalition and jointly by the Benton Institute for Broadband & Society, the National Digital Inclusion Alliance and the Center for Media Justice. Consumers’ Research is expected to oppose the motions to intervene, though such motions from the same groups have been granted in previous cases that Consumers’ Research brought against the USF, the filings said.
Top Senate Commerce Committee leaders told us they aren’t yet completely ruling out proposals to make the USF subject to Congress’ annual appropriations process as part of a legislative revamp of the program. However, some panel Democrats are dubious because of flaws in the funding system, amplified by the ongoing government shutdown (see 2510230049). In comments submitted to Congress' bipartisan USF working group, some stakeholders also strongly advocated for shifting to an appropriations-based funding model (see 2509160064). Meanwhile, panelists at a Schools, Health & Libraries Broadband Coalition event Wednesday said they see appropriations as a largely unappealing option to give USF more sustainable long-term funding.
Consumers’ Research and its allies renewed their attack on the legality of the USF contribution factor, filing a petition with the 5th U.S. Circuit Court of Appeals last week challenging it for Q4. Last month, the group withdrew an earlier challenge at the 5th Circuit, but industry observers predicted at the time that it would file a new one (see 2509170072). In August, Consumers’ Research asked the FCC to zero out the factor for Q4 (see 2506130016).