Consumers' Research v. FCC — 5th Cir. (argued August 5, 2026)
The Fifth Circuit reviews the FCC's 38.1 percent Universal Service Fund contribution factor for late 2025. The fund supports telecommunications for rural and low-income users, schools, libraries, and rural health providers. Consumers' Research says the Supreme Court's earlier decision made Section 254's funding limits mandatory, yet the FCC ignored those limits and the group's comments. It also challenges Congress's delegation to the FCC and the role of the private administrator, USAC. The FCC says the statute supplies adequate limits, the agency controls every funding decision, and USAC performs supervised administrative work. Intervenors defend the funded programs. Consumers' Research asks the court to vacate the factor.
Consumers' Research v. FCC (No. 25-60535) — U.S. Court of Appeals for the Fifth Circuit, argued August 5, 2026.
- 0:00Introduction
- 1:13Laura Ruppalt for the petitioners
- 3:30Agency review and delegation
- 13:45The Appointments Clause
- 16:38James Carr for the FCC
- 34:14Jason Neal for the intervenors