The Supreme Court will decide the fate of the broadband fund for low-income Americans

The Supreme Court agreed to hear arguments in a case involving the funding of a major broadband subsidy program, the Universal Service Fund (USF).

SCOTUS granted certiorari in two such cases Federal Communications Commission v. Consumers’ Research, again Schools, Health & Libraries Broadband Coalition v. Consumers’ Researchwhich were compiled for further oral arguments. It focuses on whether Congress improperly delegated the rulemaking function to the FCC by allowing it to set contribution rates for telecommunications companies to pay to the nonprofit Universal Service Administration Company, which runs USF. It also questions whether the FCC has delegated too much authority to private business by allowing USAC to run the sponsorship program.

This case may attack the regulatory authorities, after SCOTUS dissolved the Chevron doctrine earlier this year, reducing the courts’ reliance on the agency’s expertise. It could also put at risk USF, which helps provide funding to low-income or rural communities for telecommunications and broadband, and also helps the school get Internet access and equipment.

The case reaches the Supreme Court after the Fifth Circuit Court of Appeals ruled that USF’s funding violates the Constitution. The High Court has asked the parties to also file briefs on whether the case has been adjourned since the opposition did not seek relief before the appellate court.

Three industry groups – NTCA, Competitive Carriers Association, and USTelecom – have applauded the court’s decision to hear the case, and said the Fifth Circuit’s decision in this case is inconsistent with Supreme Court precedent and other district court decisions. The Fifth Circuit’s decision “threatens to undermine universal service programs that, for decades, have served to promote the availability and accessibility of essential telecommunications services to millions of rural and low-income users, rural health care facilities, and schools and libraries across the country.” nation,” they said in a joint statement.