Federal Appeals Court Rules FCC's Universal Service Fund Unconstitutional
The 5th Circuit Court's decision challenges the funding method for essential communication services, potentially leading to Supreme Court review.
- The 5th Circuit Court of Appeals ruled 9-7 against the FCC's Universal Service Fund, labeling it an unconstitutional tax.
- The ruling reverses a previous decision and may conflict with other circuit courts' opinions on the matter.
- Judges argued that the FCC improperly delegated taxing authority to a private entity, the Universal Service Administrative Company.
- The Universal Service Fund supports phone services for low-income and rural users, as well as broadband for schools and libraries.
- The FCC and the Universal Service Administrative Company have yet to respond to the ruling, which may be appealed to the Supreme Court.