FCC, DOJ Defend USF to Fifth Circuit

WASHINGTON, March 16, 2026 – After a victory at the Supreme Court last year, the Federal Communications Commission again finds itself defending in federal court its $8 billion-per-year broadband subsidy program.

The agency told the U.S. Court of Appeals for the Fifth Circuit that, contrary to a new lawsuit filed by the same group that unsuccessfully challenged the fund last year, its Universal Service Program is valid under the U.S. Constitution.

Congress “imposed ascertainable and meaningful guideposts for the FCC to follow when carrying out its delegated function of collecting and spending [universal service] contributions from carriers,” the agency wrote in a Friday filing. “The nondelegation doctrine requires nothing more.”