Consumers' Research, et al v. FCC, et al

  1. June 01, 2023

    6th Circ. Won't Rehear FCC Subsidy Suit, More Fights Loom

    The full Sixth Circuit will not revisit its decision to reject a constitutional challenge to the Federal Communications Commission's subsidy programs, even as the legal battle continues in other circuits and potentially draws closer to U.S. Supreme Court review.

  2. May 12, 2023

    6th Circuit Asked To Rehear FCC Universal Service Challenge

    Free market groups challenging the Federal Communications Commission's subsidy fund have asked the Sixth Circuit to rehear their case claiming the program usurps congressional power, saying an appeals panel overlooked key constitutional issues.

  3. May 04, 2023

    6th Circ. Tosses Challenge To FCC's Universal Service Fund

    The Sixth Circuit rejected a challenge to the Federal Communications Commission's telecom subsidy programs Thursday, saying that by providing an "intelligible principle" to guide the programs, Congress did not abandon its legislative duties in giving the FCC responsibility for funding them.

  4. 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.

  5. March 28, 2023

    Consumer Group Blasts 5th Circ.'s FCC Subsidy Fund Ruling

    A Fifth Circuit panel's recent ruling upholding the Federal Communications Commission's collection of fees for telecommunications subsidy programs got it wrong, a nonprofit advocacy group told the Sixth Circuit, which is considering a nearly identical challenge to the legality of the commission's Universal Service Fund.

  6. March 17, 2023

    6th Circ. Asks If FCC Subsidy Fund Has 'Untrammeled Power'

    A Sixth Circuit panel on Friday questioned whether there are adequate checks on a Federal Communications Commission program that collects money to subsidize telecom service in underserved areas, with one judge wondering aloud if the FCC had been given "virtually untrammeled power" by a federal statute under constitutional attack from a consumer group.   

  7. September 23, 2022

    6th Circ. Told FCC's Universal Service Fund Unconstitutional

    Free market advocates challenging the constitutionality of the Federal Communications Commission's fund for providing universal communication services have told the Sixth Circuit that the fees collected for the fund are among the "most regressive taxes in America." 

  8. April 19, 2022

    Free-Market Groups Want 5th Circ. To Kill FCC Subsidy Fund

    The Federal Communications Commission has been levying an illegal tax for the last quarter-century by requiring phone companies to contribute to its Universal Service Fund, a cost they pass on to customers, a collection of libertarian think tanks and conservative voices have told the Fifth Circuit.