Federal Communications Commission

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

US senators wrote to Jonathan Kanter, Assistant Attorney General for the Antitrust Division of the Department of Justice (DOJ) and Jessica Rosenworcel, Chair of the Federal Communications Commission (FCC), urging them to closely scrutinize T-Mobile’s proposed acquisition of UScellular. Since T-Mobile acquired Sprint in 2020, just three carriers have dominated the national mobile wireless service market.

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.

Sen Chris Van Hollen (D-MD), Baltimore City Mayor Brandon Scott (D-MD), and Federal Communications Commission Chairwoman Jessica Rosenworcel spoke about plans to expand internet connectivity in Baltimore. The Enoch Pratt Free Library currently has about 2,000 hotspots in circulation. According to Meghan McCorkell, Enoch Pratt Free Library’s chief of marketing, communications and strategy, about 969 people are waiting for a hotspot.

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

A new survey from the Benton Institute for Broadband & Society focusing on low-income Americans shows that affordability challenges are pervasive for low-income households, a problem the Affordable Connectivity Program (ACP) helped alleviate for those most in need. The survey finds that:

The Federal Communications Commission launched its new Mobile Speed Test app which features an enhanced user interface that makes challenging the accuracy of the provider-reported mobile coverage data even easier. The new app replaces the original FCC Speed Test app and is part of the FCC’s Broadband Data Collection program.  It enables users to obtain free, open, and transparent information about the performance of their mobile network.

Project 2025 echoes Donald Trump’s critical view of the media. As a result, it proposes to strip public broadcasting of its funding and legal status, thus endangering access to reliable news for American citizens. The authors allege that Big Tech colluded with the government to attack American values and advance “wokeism.” In response, they envision sweeping antitrust enforcement not on economic grounds, but for socio-political reasons.

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has approved Utah, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands’ Initial Proposals for the Broadband Equity, Access, and Deployment (BEAD) program, a cornerstone of the Biden-Harris Administration’s “Internet for All” initiative. This approval enables Utah, the Commonwealth of the Northern Mariana Islands, and the U.S.

A report detailing the cause and impact of a nationwide AT&T wireless service outage on February 22, 2024, that lasted at least 12 hours and prevented customers from using voice and data services, including blocking more than 92 million phone calls and more than 25,000 attempts to reach 911. Key findings include: