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Constitutional Challenges Telecommunications

Venable LLP

Enduring Delegations - Supreme Court Rejects Nondelegation Challenges to the FCC’s Administration of the Universal Service Fund in...

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The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

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The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Pillsbury Winthrop Shaw Pittman LLP

Circuit Split No More: U.S. Supreme Court Upholds FCC Universal Service Fund Authority

The U.S. Supreme Court reversed a ruling by the Fifth Circuit Court of Appeals that held both Congress’s delegation of USF authority to the FCC and the FCC’s subsequent delegation of its authority to a private administrator...more

Brownstein Hyatt Farber Schreck

Supreme Court Upholds Constitutionality of the Universal Service Fund

With their decision in the consolidated cases of Federal Communications Commission v. Consumers’ Research and SHLB Coalition v. Consumers’ Research, the U.S. Supreme Court has upheld the constitutionality of the Universal...more

Hogan Lovells

U.S. Supreme Court upholds FCC’s Universal Service Fund framework

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The Supreme Court’s recent ruling in Federal Communications Commission (FCC) v. Consumers’ Research removed the uncertainty that hung over the FCC’s Universal Service Fund (USF) programs since July 2024, when the U.S. Court...more

Best Best & Krieger LLP

Supreme Court Rules FCC’s Universal Service Fund Is Constitutional

On June 27, 2025, the Supreme Court decided FCC v. Consumers’ Research, No. 24-354 (U.S. June 2025), ruling that the Universal Service Fund’s (USF) contribution structure, as administered by the Federal Communications...more

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

DLA Piper

Supreme Court Upholds FCC’s Universal Service Fund Authority

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On June 27, 2025, the United States Supreme Court decided FCC v. Consumers’ Research, Nos. 24-354 & 24-422, upholding the constitutionality of the federal “universal service” statute, which establishes a Universal Service...more

Davis Wright Tremaine LLP

Supreme Court Preserves Federal Universal Service Program

The Supreme Court upheld the constitutionality of the federal Universal Service Fund (USF)'s funding regime on the final day for releasing opinions of its 2024 term. In FCC v. Consumers' Research, the Court reversed the U.S....more

Fisher Phillips

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

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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

Lerman Senter PLLC

Supreme Court Upholds Federal Universal Service Fund Contribution Framework

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The U.S. Supreme Court has upheld the Federal Communications Commission’s universal service fund (USF) framework....more

Cooley LLP

Supreme Court Upholds Universal Service Contribution Requirements

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The US Supreme Court, in a 6 – 3 decision, has upheld the Federal Communications Commission (FCC) system for determining and collecting universal service contributions. In overturning the US Court of Appeals for the Fifth...more

Blake, Cassels & Graydon LLP

Projet de loi 109 : Le Québec cherche à réglementer la découvrabilité du contenu francophone sur les plateformes numériques

Le 21 mai 2025, le gouvernement du Québec a déposé à l’Assemblée nationale le projet de loi 109 intitulé Loi affirmant la souveraineté culturelle du Québec et édictant la Loi sur la découvrabilité des contenus culturels...more

Blake, Cassels & Graydon LLP

Bill 109: Quebec Moves to Regulate Discoverability of French-Language Content on Digital Platforms

On May 21, 2025, Bill 109, An Act to affirm the cultural sovereignty of Québec and to enact the Act respecting the discoverability of French-language cultural content in the digital environment (Bill) was introduced in the...more

Lerman Senter PLLC

Court Rejects FCC's Reinstatement of Form 395-B Filings

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A federal appeals court has invalidated the FCC’s attempt to require broadcasters to file annual reports disclosing the race, ethnicity, and gender of their employees....more

Lerman Senter PLLC

Federal Communications Commission Enforcement Enters a Time of Uncertainty

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Recent political and legal developments call into question the future of the Federal Communications Commission’s in-house enforcement practices....more

Davis Wright Tremaine LLP

5th Circuit Holds That Jarkesy Invalidates FCC Forfeiture Order Against AT&T

The U.S. Court of Appeals for the 5th Circuit held that the Federal Communications Commission (FCC or Commission) violated AT&T's Seventh Amendment right to a jury trial and right to adjudication by an Article III court when...more

Wiley Rein LLP

Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial

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On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against...more

Venable LLP

Fifth Circuit Decision Vacating FCC Fine Against AT&T Makes It More Difficult for Federal Agencies to Impose Monetary Penalties...

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The Fifth Circuit on April 17 vacated a $57 million FCC forfeiture against AT&T, ruling the agency violated the company’s Seventh Amendment right to a jury trial under the Supreme Court’s 2024 decision in SEC v. Jarkesy. ...more

Fox Rothschild LLP

Another Civil Penalty Falls under Jarkesy – What’s Next?

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On April 17th, the Fifth Circuit Court of Appeals held that an FCC penalty violates the Seventh Amendment based on the Supreme Court’s landmark ruling in SEC v. Jarkesy. The Seventh Amendment provides for the...more

Fisher Phillips

SCOTUS Will Soon Decide the Fate of E-Rate Program: Could Schools Lose Their Tech Funding?

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The U.S. Supreme Court recently heard argument on an important case that has the potential to upend a significant source of technology funding for school systems throughout the country. The FCC v. Consumers’ Research case,...more

Akerman LLP - SALT Insights

A “Source” of Consternation? The Taxation of Telecommunications Companies in Florida

Like many states, Florida’s corporate income tax regime has special rules applicable to telecommunications companies. The tricky part about taxing the telecommunications industry is how to source receipts earned from...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ March 2025

Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others....more

Womble Bond Dickinson

Nondelegation and Environmental Law - March 2025

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Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing...more

Blake, Cassels & Graydon LLP

Avantage concurrentiel par Blakes : mise à jour de mars 2025

Bienvenue à l’édition de mars de l’infolettre Avantage concurrentiel par Blakes, une publication mensuelle des groupes Concurrence et antitrust et Investissement étranger de Blakes. Avantage concurrentiel par Blakes présente...more

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