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Consumers' Research v. FCC
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22-60008
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July 30, 2024
5th Circ. Ruling Places FCC Rural Telehealth Funding In Peril
From Alaska to Arkansas, thousands of rural healthcare clinics rely on internet subsidies from the Federal Communications Commission to provide telehealth services to far-flung or low-income patients. A Fifth Circuit ruling threatens to disrupt services for some living outside urban centers or in healthcare "deserts."
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July 24, 2024
5th Circ. Strikes Down FCC's Universal Service Fund
The full Fifth Circuit struck down the Federal Communications Commission's system for subsidizing telecommunications service for rural and low-income users as unconstitutional Wednesday, reversing a panel decision and triggering a circuit split with three other appeals courts that upheld the fee regime.
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June 17, 2024
Toss Universal Service Fund Challenge, FCC Urges 5th Circ.
The Federal Communications Commission on Monday urged the Fifth Circuit to throw out a challenge to the agency's telecom subsidy system after the U.S. Supreme Court declined to take up a pair of similar cases.
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September 19, 2023
Full 5th Circ. Skeptical Of FCC's Universal Service Regime
Fifth Circuit judges voiced reservations Tuesday about the constitutionality of the Federal Communications Commission's long-running use of an outside company to carry out contested statutory powers to collect fees for telecom subsidy programs.
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September 08, 2023
Telecom Groups Urge 5th Circ. To Back FCC Subsidy Fees
Several telecommunication interest groups have urged the full Fifth Circuit to stand by a panel's finding that the Federal Communications Commission's fund for providing universal communication services is constitutional, arguing that the program is consistent with guidelines set by Congress and the enabling statute sufficiently curbs the agency's power.
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June 30, 2023
Full 5th Circ. Agrees To Rehear Ruling On FCC Subsidy Fees
The Fifth Circuit has said yes to a full panel rehearing of its decision upholding the constitutionality of the Federal Communications Commission's fund for providing universal communications services — an issue that the plaintiff in the case is pressing in multiple circuits.
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April 21, 2023
Full 5th Circ. Asked To Rethink FCC Subsidy Fees Ruling
A free market advocacy group has asked the full Fifth Circuit to reconsider a unanimous panel decision that upheld the Federal Communications Commission's fund for providing universal communication services.
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March 29, 2023
5th Circ. Nixed Telecom Fund Protest, But Will Others Agree?
Soon after the Fifth Circuit upheld the Universal Service Fund for telecom subsidies, attention turned to the Sixth and Eleventh circuits, where a decision from either appeals court against the system could nudge the issue closer to U.S. Supreme Court review.
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March 24, 2023
5th Circ. Upholds FCC's Universal Service Fund
The Fifth Circuit upheld the Federal Communications Commission's collection of fees for telecom subsidy programs Friday, ruling the Universal Service Fund does not violate a doctrine that says Congress can't delegate authority to raise revenue.
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December 05, 2022
5th Circ. Probes 'Upshot' Of Overturning FCC Subsidy Fees
A Fifth Circuit panel explored Monday what would happen if the Federal Communications Commission's fee collection to support telecom subsidies were overturned, as they dissected the legality of giving the FCC and an outside entity power to levy the fees.