WTA Argues for Constitutionality of and Need for USF in Amicus Brief at Supreme Court
WASHINGTON, D.C. (January 15, 2025) – Today, WTA – Advocates for Rural Broadband filed an amicus curiae brief with the U.S. Supreme Court in the case of FCC vs. Consumers’ Research supporting the constitutionality of the Federal Universal Service Fund. The brief also highlighted the significant harm that would occur in rural and Tribal areas should the Supreme Court uphold the ruling of the Fifth Circuit Court of Appeals. In addition, the brief details the numerous benefits that have accrued as a result of the USF program for the people, businesses, and government customers in the territories of a representative set of our members.
WTA’s brief argued that in creating USF, Congress “codified the long-standing system of telecommunications services providers contributing to the funding of universal service support, and expanded that support to ensure that affordable service was available to all…In doing so, it acted well within its constitutional authority.”
“If [the Fifth’s Circuit’s decision is] not reversed, its ruling will have calamitous effects on millions of customers for whom the program is a lifeline connecting them to the modern world – individuals, schools, hospitals and others in rural and Tribal areas throughout the country.”
“The Sixth and Eleventh Circuit Courts have upheld the constitutionality of USF,” said Derrick Owens, WTA’s Senior Vice President of Government and Industry Affairs. “We urge the Supreme Court to reverse the novel conclusion reached by the Fifth Circuit and prevent a potential disruption in one of our country’s most important programs to ensure everyone has access to 21st Century communications networks.”
