FCC Defends USF in Consumers' Research 5th Circuit Challenge

The FCC told the 5th U.S. Circuit Court of Appeals that Consumers' Research's challenge of its Q1 2022 USF contribution factor "lacks merit" and defended the Universal Service Administrative Co.'s role as "exclusively administrative" in establishing quarterly factors. "Congress’s delegation of authority to the FCC amply satisfies the constitutional standard set forth in controlling Supreme Court precedent," said the commission. The USAC "has no policymaking authority" and is "overseen by the FCC at every step," the said in an en banc brief posted Thursday in case 22-60008 (see 2308070033). The FCC also said CR's private delegation challenge should be rejected because USAC "does not exercise regulatory power" or have any policymaking role in administering USF programs.