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
Key Takeaways - - The U.S. Supreme Court upheld the FCC's Universal Service Fund (USF) scheme, ensuring its continued operation. - The Court rejected nondelegation doctrine challenges, finding Congress provided sufficient...more
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
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
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
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
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
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
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
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
The U.S. Supreme Court has upheld the Federal Communications Commission’s universal service fund (USF) framework....more
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
Last summer, I embarked on a weekend tour of upstate New York with a law school classmate to visit his childhood home. We met at Syracuse airport and drove north, reaching Gouverneur, where his home is located, about 30 miles...more
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
Olivia Trusty, nominee for the open Republican Federal Communications Commission (FCC or Commission) Commissioner position, appeared before the U.S. Senate Committee on Commerce, Science, and Transportation. Trusty has...more
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
Last Friday, in Wisconsin Bell, Inc. v. United States ex rel. Heath, the Supreme Court unanimously held that requests for funding from the FCC’s E-rate program are “claims” for purposes of the False Claims Act (FCA), settling...more
Broadband and telecommunications service providers should redouble efforts to comply with the rules of the FCC's "E-Rate" program that subsidizes service to schools and libraries as a result of a Supreme Court ruling that...more
On December 13, 2024, the Federal Communications Commission (FCC) announced significant updates to its Mapping Broadband Health in America platform. This enhanced tool, now incorporating a range of new health metrics, aims to...more
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
The 2024 election is over and Republicans are poised in January to take over Washington, D.C.—in the White House, on the Hill, at the Federal Communications Commission (FCC) and at other agencies (the National...more
As the Trump administration prepares to return to power in 2025, the communications and technology sectors are bracing for significant regulatory shifts, with experts predicting major changes in areas ranging from spectrum...more
For decades, there has been broad, bipartisan support for the Universal Service Fund and the FCC programs that help communications reach low-income households and the most rural and least-connected communities in the United...more
The 2024 election cycle, one of the longest and most contentious in U.S. history, will culminate Election Day on November 5. However, many aspects of the election are expected to be close and uncertainty may reign for some...more