SHLB, Benton, NDIA, and MediaJustice Defend Universal Service Fund in Supreme Court
Washington, D.C. (January 9, 2025) – Today, the Schools, Health & Libraries Broadband (SHLB) Coalition, alongside other national public interest broadband advocates, filed a brief with the U.S. Supreme Court supporting the preservation of the Federal Communications Commission’s (FCC) Universal Service Fund (USF). This brief is part of two consolidated cases, Case Nos. 24-354 and 24-422, which will determine the future of critical funding for universal broadband access.
The SHLB Coalition, as one of the named parties in the case, led a brief also supported by the Benton Institute for Broadband & Society, National Digital Inclusion Alliance (NDIA), and MediaJustice. The SHLB public interest brief defended the USF’s foundational role in connecting schools, libraries, healthcare providers, and consumers to affordable broadband, particularly in underserved communities.
"Congress codified the Universal Service Fund in the Telecommunications Act of 1996 by giving the FCC explicit instruction about how to implement this vitally important program,” said John Windhausen, executive director of SHLB. “The USF empowers schools, libraries, and healthcare providers to serve as digital lifelines for their communities. This case is critical to preserving these connections and ensuring the FCC can fulfill its mission to provide universal broadband access. We are proud to stand with our partners in advocating for this essential program and protecting equitable broadband access for millions of Americans."
"This public interest brief represents a unified voice in defense of the USF," said Kristen Corra, policy counsel of SHLB. "The stakes are enormous—not just for the schools, libraries, and healthcare providers that depend on it, but for the millions of individuals who rely on their services daily. Together, we are urging the Supreme Court to uphold the program’s constitutionality and ensure it remains a stable funding source so that anchor institutions can continue bridging the digital divide."
“As a practical matter, the USF programs benefit all sectors of the American public, the business community and local, state and federal government,” said Adrianne B. Furniss, executive director of the Benton Institute for Broadband & Society. “As a legal matter, the FCC's implementation of USF falls well within longstanding Supreme Court precedent, as two other circuit courts of appeal have held and a panel in the Fifth Circuit had held."
“The National Digital Inclusion Alliance (NDIA) is honored to jointly file this brief with our public interest partners in support of preserving the Universal Service Fund (USF),” said Amy Huffman, policy director of NDIA. “NDIA’s 1900+ affiliates work tirelessly to ensure their community members can apply for jobs, take classes from home, talk to their doctors virtually and stay connected with their loved ones. Without the USF, more residents will be left on the wrong side of the digital divide, reducing the US’ ability to compete in a global economy.”
"The FCC has a clear mandate from Congress to support universal access to telecommunications services and our communities depend on these USF programs to get and stay connected,” said Brandon Forester, senior campaign lead of MediaJustice. “If this case is decided based on the law, and not corrupt politics, these challenges to the FCC's clear authority will be defeated."
The cases before the Supreme Court arise from challenges brought by several individual respondents and Consumers’ Research. They focus on the constitutionality and scope of the FCC’s authority to administer the USF. SHLB and its partners argue that Congress provided clear statutory direction to the FCC and that the USF is critical to fulfilling national priorities for education, healthcare, and public safety.
The SHLB Coalition’s brief highlights these key points:
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Congress provided ample statutory guidance to the FCC in crafting and maintaining the USF in compliance with the “intelligible principle” test established by previous Supreme Court decisions.
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The Fifth Circuit court failed to understand that the Universal Service Administrative Company (USAC) is a ministerial organization that does not set policy and operates under the direction of the FCC.
The SHLB Coalition and its partners remain steadfast in ensuring affordable, high-quality broadband for all Americans through policies that strengthen the USF.
Read the opening brief here.
Contact: Saskya Cabral, scabral@shlb.org
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About SHLB: The SHLB Coalition is a nonprofit, 501(c)(3) advocacy organization that supports open, affordable, high-quality broadband connections for anchor institutions and their surrounding communities. The SHLB Coalition is based in Washington, D.C. and has a diverse membership of commercial and non-commercial organizations from across the United States. To learn more, visit www.shlb.org.