The FCC manages the Universal Service Fund, but its day-to-day operations are handled by the Universal Service Administrative Co., a privately run company. This arrangement has fueled arguments that Congress has delegated too much authority.
Arguments from Both Sides
In a reply last month to an FCC brief urging the justices to dismiss the case as premature, Consumers’ Research and another plaintiff, the Texas Public Policy Foundation, argued that there was no reason to throw out the challenge. They claimed the FCC “focuses primarily on the merits, again confirming there are no obstacles to review.”
The FCC has contended that, since it is unclear when the full Fifth Circuit will issue its opinion, the Supreme Court should reject the challengers’ petitions for review for now.
“Once it does so, the parties can determine whether to seek, and this court can determine whether to grant, certiorari to review that decision,” the FCC stated in an earlier filing. “For now, however, the absence of any circuit conflict counsels in favor of denying the petitions for writs of certiorari.”
High Court Won’t Review FCC’s Universal Service Fund : Legal Representation
Consumers’ Research and the other challengers are represented by R. Trent McCotter, Jonathan Berry, Michael Buschbacher, Jared M. Kelson, and James R. Conde of Boyden Gray PLLC, as well as Robert Henneke and Chance Weldon of the Texas Public Policy Foundation.
