The Federal Communications Commission will have to defend how it raises revenue for the Universal Service Fund again after the Fifth Circuit agreed to rehear the case en banc Thursday.
The fund is a persistent program that supports accessible broadband subsidies to telecommunications companies and low-income consumers by taking a fee from companies that is often passed on to their landline customers. Consumers’ Research, a conservative non-profit, argues the fee is an improperly delegated part of Congress’ taxing power, and that a private non-profit has too much control over the fee amount. Oral arguments have been tentatively scheduled for the ...
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