---
title: "USF News: U.S. Court of Appeals Fifth Circuit Decision in Consumers' Research v. FCC"
date: 2023-04-07T09:30:00-04:00
author: Import Bot
canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/usf-news-u-s-court-of-appeals-fifth-circuit-decision-in-consumers-research-v-fcc"
section: Blog Posts
---
# USF News: U.S. Court of Appeals Fifth Circuit Decision in Consumers’ Research v. FCC

  April 7, 2023

 

 

 

 

 

 

On March 24, 2023, in *Consumers’ Research v. FCC*, the U.S. Court of Appeals for the Fifth Circuit issued a [Decision](https://protect-us.mimecast.com/s/QAwcCVO59DTO80KWcy6be2) (No. 22-60008) upholding the constitutionality of Congress’s delegation of administration of the Universal Service Fund (USF) to the FCC and the FCC’s subsequent reliance on Universal Service Administrative Company (USAC) for support USF programs. The challengers argued that Congress failed to supply the FCC with an ​“intelligible principle” to guide the FCC’s administration, and that the FCC’s relationship with USAC violates the private nondelegation doctrine. On the same day, FCC Commissioner Starks issued a [statement](https://protect-us.mimecast.com/s/NTrnCW6wRETl8zYMIn6puj) about the decision upholding the constitutionality of the FCC’s administration of the USF. In his statement, Commissioner starks highlighted the importance of the USF and its impact on rural and low-income communities.

For a more in-depth look at March USF news and provide and updates on pending appeals and guidance requests before the FCC relating to USF contributions issues, [click here](https://www.kelleydrye.com/News-Events/Publications/Newsletters/USF-Tracker) to read and subscribe to our monthly USF Tracker.

 

 

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