Court case

Developments in telecommunications policy being made in the legal system.

Net neutrality déjà vu: The fight to regulate broadband providers just won’t die

In February of 2017, Tom Rutledge, then-CEO of Charter, was asked how changes in Washington were about to impact the company.

An Open Letter to Congress on the Future of Universal Connectivity

An appeals court ruled the current structure of the Universal Service Fund is unconstitutional. This decision puts at risk the high-speed connectivity of millions of rural and low-income Americans and the future trajectory of U.S. economic growth and global competitiveness. Now it’s Congress’s duty to promptly and decisively make clear the nation’s unwavering commitment to affordable, universal connectivity. The court’s fundamentally flawed decision hands Congress an enormously important opportunity to seize the initiative and ensure our nation’s abiding commitment to universal service.

TikTok Collected U.S. Users’ Views on Gun Control, Abortion and Religion, Department of Justice Says

TikTok collected data about its users’ views on sensitive topics and censored content at the direction of its China-based parent company, the Justice Department said, making its most forceful case to date that the video-sharing app poses a national-security threat. The sensitive topics TikTok tracked included the views of its US-based users on gun control, abortion and religion, the Justice Department said. The Justice Department made the details public in court filings in response to a federal lawsuit TikTok filed in May 2024 arguing that a new 

The We Don’t Want to Pay for Universal Telecommunications Access Litigants Finally Hit Paydirt

For several years now, a well-funded litigation group has sought an appellate court decision deeming the current method of funding the Federal Communications Commission's Universal Service Fund unconstitutional. The litigants finally hit paydirt in an enbanc appeal to the Fifth Circuit Court of Appeals that ruled in their favor on a 9-7 vote. The litigants ostensibly expressed concerns about constitutional rights, economic freedom, what constitutes a tax, how specific a congressional delegation of authority has to be, and the extent to which the FCC could lawfully delegate administration of

New court ruling puts Universal Service Fund in hot water

In a ruling that quickly caused shock waves in the U.S. telecommunications industry, the Fifth Circuit Court of Appeals ruled, 9-7, that the Universal Service Fund (USF) is unconstitutional as currently administered. The Court explained its ruling by saying that the USF is a “misbegotten tax” that violates Article I, § 1 of the Constitution, which states that all legislative powers are given to Congress, which is made up of the Senate and the House of Representatives.

Responses to Universal Service Fund Decision

After the Fifth Circuit ruled, 9-7, that the Universal Service Fund is unconstitutional as currently administered, we've seen the following responses.

Sen Warren Leads Senate Response to End of Chevron Doctrine

After a Supreme Court stacked with Trump-appointed justices overturned the 40-year-old Chevron deference doctrine, Senators Elizabeth Warren (D-MA), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Mazie Hirono (D-Hawaii), Ben Ray Luján (D-NM), Edward Markey (D-MA), Jeff Merkley (D-OR), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Peter Welch (D-VT), and Ron Wyden (D-OR) introduced the Stop Corporate Capture Act (SCCA). The SCCA codifies the Chevron doctrine and strengthens the rulemaking process to block corporations from hijacking our government. The legislation would:

The End of Chevron Deference for Agency Decisions: Potential Implications for Telecommunications Policy

The Supreme Court in a 6-3 vote overturned the landmark decision in Chevron v. Natural Resources Defense Council, sharply limiting the authority of federal administrative agencies including the Federal Communications Commission (FCC). After the decision in Loper Bright Enterprises v. Raimondo, it will be easier to challenge and overturn agency decisions, and federal agencies will be more hesitant to adopt new regulations absent clear Congressional direction.

The Divide: Blair Levin on what the end of Chevron deference means for broadband

TBlair Levin, analyst for New Street Research and former chief of staff at the FCC, discusses the Supreme Court's June 28 decision striking down Chevron deference (a.k.a, the Loper Bright decision), and the implications for the telecommunications industry at large.

Big Telecom guns for a major Biden policy

The telecommunications industry has unleashed a barrage of lawsuits designed to block a major policy goal of the Biden administration, a new internet-fairness regime it hopes to lock down ahead of the November election. The conflict is likely to drag on through the rest of 2024, showcasing the kind of behind-the-scenes Washington fight that can flare in an election year as a White House tries to cement its legacy. The suits opened a new front in the battle over “net neutrality,” a policy the Federal Communications Commission voted to adopt in April.