The Supreme Court has agreed to review the Fifth Circuit’s decision that declared the federal Universal Service Fund (USF) unconstitutional. This development comes as a significant moment in the legal battle to uphold the constitutionality of this critical funding mechanism, which plays a key role in ensuring universal access to telecommunications services.
The Court’s decision to grant petitions from the FCC and the Schools, Health & Libraries Broadband (SHLB) Coalition consolidates the cases for a single hearing. Importantly, the Court has also requested that parties address whether the Consumer’s Research appeal is now moot due to procedural issues. This added inquiry could signal a potential path forward in affirming the USF’s legality.
What Is at Stake?
The Universal Service Fund, a long-standing cornerstone of U.S. telecommunications policy, ensures that schools, libraries, healthcare providers, and rural areas can access affordable broadband. The Fifth Circuit’s ruling threatens these essential services’ continuation by challenging the USF’s legal framework.
SHLB’s Position
The SHLB Coalition, a strong advocate for equitable broadband access, has expressed cautious optimism about this latest development. In their official statement, SHLB noted:
“SHLB is very pleased that the Supreme Court has granted our Petition and the FCC’s petition to review the unfortunate Fifth Circuit decision overturning the federal Universal Service Fund (USF). The Fifth Circuit decision has no precedent in prior Supreme Court jurisprudence. We are further encouraged by the Supreme Court’s request that parties brief on the question of whether the Consumer’s Research challenge is moot. We look forward to continuing to support the constitutionality of the USF.”
Next Steps
The Supreme Court has allotted one hour for oral arguments, and the parties will submit briefs addressing both the merits of the case and the mootness question. This dual focus highlights the complexity of the legal issues involved and provides an opportunity for robust debate on the future of the USF.
Funds For Learning will continue to monitor this case closely and provide updates as new developments arise. Together with advocates like SHLB, we remain committed to supporting initiatives that expand broadband access for all.
