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Broadband Constitutional Challenges

Wiley Rein LLP

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

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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 or Commission) Universal...more

Fisher Phillips

SCOTUS Saves E-Rate Program, Preserving Tech Funding for Schools Across the Country

Fisher Phillips on

In a major victory for public institutions and the tech companies that support them, the U.S. Supreme Court just preserved the federal funding lifeline that underpins internet access and telecommunications connectivity in...more

Perkins Coie

Your Chance To “Delete” FCC Rules

Perkins Coie on

As long anticipated, Federal Communications Commission (FCC) Chairman Brendan Carr has launched a new proceeding to eliminate policies and rules that may no longer be necessary or that impose undue regulatory burdens. The...more

Cozen O'Connor

Bipartisan AGs Support Universal Service Fund

Cozen O'Connor on

A bipartisan coalition of 22 AGs and the Maine Office of the Public Advocate filed an amicus brief with the U.S. Supreme Court in consolidated cases FCC v. Consumers’ Research (No. 24-354) and Schools, Health & Libraries...more

Troutman Pepper Locke

U.S. Supreme Court Declines to Overturn New York’s Affordable Broadband Act

Troutman Pepper Locke on

The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al....more

Perkins Coie

Fifth Circuit Shocks Telecom Industry by Overturning the FCC’s Universal Service Fund

Perkins Coie on

The U.S. Court of Appeals for the Fifth Circuit recently ruled in a closely divided 9-7 en banc decision that the Federal Communications Commission’s (FCC) method of funding the Universal Service Fund (USF) is an...more

Womble Bond Dickinson

Consumers’ Research Universal Service Litigation Nears Inflection Point

Womble Bond Dickinson on

The Fifth and D.C. Circuit federal appellate courts are now poised to issue pivotal decisions in the ongoing litigation challenging the constitutionality of the FCC’s universal service support mechanisms. Their opinions will...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Rehearing USF Contributions Challenge En Banc

The legal battles over the constitutionality of Universal Service Fund (USF) contributions continue as the U.S. Court of Appeals for the Fifth Circuit has granted a request for the full court to re-hear a challenge to the...more

McDermott Will & Emery

Open Internet Order Prevails

Addressing challenges to the Federal Communication Commission’s (FCC’s) 2015 Open Internet Order, the US Court of Appeals for the District of Columbia Circuit concluded that the FCC acted with proper authority when it...more

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