Lawyers Backing FCC Cautiously Optimistic Ahead of Supreme Court USF Case Showdown

Lawyers defending the Federal Communications Commission’s authority to manage a longstanding $8.1 billion broadband subsidy expressed cautious optimism ahead of the March 26 Supreme Court oral arguments in FCC v. Consumers’ Research. The case will likely shape the future of the Universal Service Fund, which spends billions annually supporting construction and maintenance of rural broadband networks and offering internet discounts for low-income households, schools and libraries, and healthcare centers. In a rare show of consensus, the case has united telecommunications industry groups, public interest advocates, and both the Biden and Trump administrations in defense of the FCC’s authority. “We are on the same side as the telcos, and we are also on the same side as the Trump administration,” said Joey Wender, the new executive director of the Schools, Health, & Libraries Broadband Coalition, during an SHLB webinar this week. SHLB has intervened on behalf of the FCC in the case.