Consumers' Research, et al. v. Federal Communications Commission, et al., No. 22-13315 (11th Cir. 2023)
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This case concerns a petition to the United States Court of Appeals for the Eleventh Circuit by a group of petitioners including a non-profit organization, a corporation that resells telecommunications services, and various individuals. They challenge the constitutionality of 47 U.S.C. § 254, also known as the Telecommunications Act of 1996’s universal service requirements, arguing that it violates the nondelegation doctrine. They also argue that the Federal Communications Commission (FCC), the agency Congress put in charge of § 254, has impermissibly delegated authority over the universal service fund to a private entity, the Universal Service Administrative Company (USAC), in violation of the private nondelegation doctrine.
The court rejected these arguments, finding that § 254 provides an "intelligible principle" for the FCC to follow in its regulation of the universal service fund, and that the FCC maintains control and oversight of all actions by the private entity, USAC. Therefore, the court held that there were no unconstitutional delegations and denied the petition.
In terms of the facts leading to the case, the FCC was created in 1934 to regulate interstate commerce in communication and was instructed by Congress in 1996 to establish and maintain a universal service fund. This fund was created with the goal of making communication services available to all the people of the United States, without discrimination. To manage this, the FCC relies on the USAC, a private entity, to determine the amount each contributor must provide to the fund. However, the petitioners argued that the actions taken by both the FCC and the USAC in creating the 4th Quarter 2022 Contribution Factor were unconstitutional. The court rejected these arguments and upheld the constitutionality of the FCC's and USAC's roles in managing the fund.
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