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Federal Appeals Court Rules FCC Funding Method Unconstitutional

A man walks in front of the 5th U.S. Circuit Court of Appeals, Jan. 7, 2015, in New Orleans. The court ruled Wednesday, July 24, 2024, that the method the Federal Communications Commission uses

A federal appeals court in New Orleans has deemed the funding method used by the Federal Communications Commission (FCC) to support telephone service for rural and low-income individuals, as well as broadband services for schools and libraries, as unconstitutional. The ruling, issued by the 5th U.S. Circuit Court of Appeals, has sparked debate and uncertainty regarding its immediate implications.

The decision, with a narrow 9-7 majority, overturns a previous ruling by a three-judge panel of the same court. The case revolves around the Universal Service Fund (USF), which is financed by telecommunications providers and subsequently passed on to consumers. The USF supports essential programs such as providing phone service to low-income users, rural healthcare providers, and broadband access for educational institutions.

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