The FCC asked the 5th U.S. Circuit Court of Appeals to hold Consumers' Research's challenge of the Q1 2024 USF contribution factor in abeyance until a separate challenge the group filed is decided (see 2401030069), said the commission's motion Friday (docket 24-60006). Consumers' Research previously challenged the Q1 2022 contribution factor, which the court heard en banc in September (see 2309190072). "Because these cases involve the same parties and the same legal issues, it would best serve the interest of judicial economy and efficiency for the court to hold this case in abeyance until it issues a ruling" in the earlier case, the FCC said.
Consumers' Research filed a new challenge of the FCC's Q1 2024 USF contribution factor in the 5th U.S. Circuit Court of Appeals Wednesday. It's the third time the group challenged a contribution factor with this court (see 2310030069). The contribution methodology and ultimate quarterly factor "exceed the FCC's statutory authority" and violate the nondelegation doctrine, the group said in its petition for review (docket 24-60006).
Consumers' Research filed a new challenge of the FCC's Q1 2024 USF contribution factor in the 5th U.S. Circuit Court of Appeals Wednesday. It's the third time the group challenged a contribution factor with this court (see 2310030069). The contribution methodology and ultimate quarterly factor "exceed the FCC's statutory authority" and violate the nondelegation doctrine, the group said in its petition for review (docket 24-60006).
Communications Litigation Today is providing readers with the top 20 stories published in 2023. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.
LA QUINTA, Calif. -- Congress should continue “lifeblood connectivity” provided through the affordable connectivity program (ACP), Pennsylvania Public Utility Commission Chairman Stephen DeFrank said in an interview at this week’s NARUC meeting. Expect broadband, universal service and pole attachments to be key issues for the state PUC in the year ahead, he said. Industry officials debated possible USF changes during a Tuesday panel.
Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.
Congress "handed over its taxing power without statutory limits" to the FCC, an agency "constrained only by its own precatory 'aspirations', and then for good measure let the agency redefine its own scope of taxing authority," Consumers' Research told the U.S. Supreme Court in a cert petition Friday (docket 23-456) challenging the FCC's USF contribution factor (see 2308030071). The group warned that the 6th U.S. Circuit Court of Appeals decision upholding the 2021 Q4 contribution factor and the 5th Circuit's rehearing of the Q1 2022 USF contribution factor were "portending" a circuit "split." It asked SCOTUS to "grant review and reverse" the lower court's decision upholding the contribution methodology, calling USF the "poster child for the problems that result from the delegation of constitutionally vested authority."
Congress "handed over its taxing power without statutory limits" to the FCC, an agency "constrained only by its own precatory 'aspirations', and then for good measure let the agency redefine its own scope of taxing authority," Consumers' Research told the U.S. Supreme Court in a cert petition Friday (docket 23-456) challenging the FCC's USF contribution factor (see 2308030071). The group warned that the 6th U.S. Circuit Court of Appeals decision upholding the 2021 Q4 contribution factor and the 5th Circuit's rehearing of the Q1 2022 USF contribution factor were "portending" a circuit "split." It asked SCOTUS to "grant review and reverse" the lower court's decision upholding the contribution methodology, calling USF the "poster child for the problems that result from the delegation of constitutionally vested authority."
The 5th U.S. Circuit Court of Appeals denied a joint motion from the Benton Institute for Broadband & Society, Center for Media Justice and National Digital Inclusion Alliance to intervene on behalf of the FCC in Consumers' Research's new challenge of the USF Q4 2023 contribution factor (see 2310030069). An order posted Monday in case 23-60525 was denied "without prejudice" should the groups want to file amicus curiae.
The 5th U.S. Circuit Court of Appeals denied a joint motion from the Benton Institute for Broadband & Society, Center for Media Justice and National Digital Inclusion Alliance to intervene on behalf of the FCC in Consumers' Research's new challenge of the USF Q4 2023 contribution factor (see 2310030069). An order posted Monday in case 23-60525 was denied "without prejudice" should the groups want to file amicus curiae.