Today, Public Knowledge, along with the Affordable Broadband Campaign, Chamber of Progress, Common Sense Media, and Communications Workers of America, filed an amicus brief in the case Consumers’ Research v. FCC urging the Supreme Court to reverse the U.S. Court of Appeals for the Fifth Circuit’s decision declaring the Universal Service Fund unconstitutional.
The brief demonstrates that both Congress’ delegation to the Federal Communications Commission and the FCC’s oversight of USAC, the Universal Service Administrative Company, are fully constitutional, and that the Fifth Circuit’s novel “combination theory” has no basis in law or precedent. The brief also details the devastating consequences that would follow if the Fifth Circuit’s decision is allowed to stand.
The following can be attributed to John Bergmayer, Legal Director at Public Knowledge:
“The Fifth Circuit’s ruling threatens the connectivity of millions of Americans and rests on a fundamentally flawed legal theory. The court’s decision suggests that two perfectly constitutional actions – Congress giving the FCC clear direction on universal service, and the FCC having USAC handle administrative tasks under close supervision – somehow become unconstitutional when combined. This makes no sense legally and jeopardizes decades of effective administrative practice across the government.
“The consequences of upholding this ruling would be severe. Over 7 million low-income households would lose Lifeline support, a discount for basic communications. Rural healthcare providers would lose vital connectivity for telemedicine. Ninety percent of America’s schools depend on E-Rate funding for internet access. The Fifth Circuit’s ruling would pull the rug out from under all of these essential services and the people who rely on them.
“Beyond universal service, the Fifth Circuit’s novel theory threatens numerous other federal programs where agencies work with private entities under government oversight – from Medicare administration to federal student loans to food safety inspection. The Supreme Court should reject this misguided ruling and reaffirm that agencies can work with private entities while maintaining appropriate government control.
“Congress determined that all Americans deserve access to modern communications services, regardless of where they live or their economic status. The Universal Service Fund has successfully advanced this goal for decades under both Democratic and Republican administrations. The Supreme Court should preserve this vital program and reject the Fifth Circuit’s attempt to dismantle it through dubious constitutional interpretation.”
You may view this amicus brief for more information, as well as our response to the Fifth Circuit’s flawed decision in this case.
Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at shiva@publicknowledge.org or 405-249-9435.