On December 14, 2023, the United States Court of Appeals for the Eleventh Circuit issued an opinion denying a petition that had challenged the constitutionality of universal service requirements as part of the Telecommunications Act of 1996. The petition had challenged the Universal Service Fund as a violation of nondelegation doctrine. In a 19 page decision, the Court denied the opinion, stating:
Today we hold that there are no unconstitutional delegations under 47 U.S.C. § 254 because Congress has laid out the principles the FCC must follow in bringing universal service to our Nation. Additionally, because all USAC action is subordinate to the FCC, and the FCC retains ultimate decision-making power, we further hold that there is no violation of the private nondelegation doctrine. For these reasons, we DENY the petition.
Similar petitions were dismissed by the Fifth and Sixth Circuit Courts of appeals.
