Consumers' Research Pushes Back Against 11th Circuit USF Denial

Consumers' Research told the 5th U.S. Circuit Court of Appeals, in a letter filed Monday (docket 22-60008), that it disagrees with the 11th Circuit's Dec. 14 opinion that Communications Act Section 254 contains a "sufficient 'intelligible principle'" (see 2312140058). The group said Section 254 is unconstitutional because it allows the FCC to "daisy-chain its power." Consumers' Research also disagreed with the 11th Circuit's ruling on its nondelegation challenge, saying that "letting private proposals automatically become binding ... is the definition of a private nondelegation violation."