Tough Path for Challenge to FCC Broadband Fee Revenue (Correct)

The FCC’s Universal Service Fund faces its third recent challenge Wednesday in oral arguments before the Eleventh Circuit over Congress’ delegation authority.

The lawsuits from Consumers’ Research seek to clarify limits on Congress’ authority to delegate power to executive agencies, and what powers agencies can leave to private actors.

In 2022, the Universal Service Fund approved nearly $7.5 billion in non-COVID spending on accessible broadband service, funded by its increasing contribution factor. If it’s struck down as unconstitutional, that funding could be at risk.

However, the Eleventh Circuit wrote in United States v. Ambert that “the Supreme Court has not ...