JD Supra

Fifth Circuit Declares Universal Service Fund Unconstitutional; Issue Likely Headed for U.S. Supreme Court

On July 24, 2024, on a petition for rehearing en banc, the U.S. Circuit Court of Appeals for the Fifth Circuit held in Consumers’ Research v. FCC (Consumers’ Research) that the current funding ...
Ars Technica

Supreme Court to review 5th Circuit ruling that upends Universal Service Fund

The US Supreme Court will hear appeals of a 5th Circuit ruling that called Universal Service fees on phone bills an illegal tax. The US Court of Appeals for the 5th Circuit ruled in July that the ...
JD Supra

Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC ...
American Enterprise Institute

Fifth Circuit to Hear Long-Overdue Constitutional Challenge to Universal Service Fund

Each quarter, the Federal Communications Commission (FCC) determines the Universal Service Fund (USF) surcharge that is placed on customers’ telecommunications bills. The surcharge is calculated by ...
Ars Technica

5th Circuit court upends FCC Universal Service Fund, ruling it an illegal tax

Legal experts are still thinking that stare decisis is a thing that protects decisions at the Supreme Court level. This has been shown to be false. If there is a chance to make a political point or an ...