SHLB Coalition Statement on Fifth Circuit Universal Service Decision

WASHINGTON, D.C. (Oct. 15, 2026) – The Schools, Health & Libraries Broadband (SHLB) Coalition, issued the following statement on today’s decision by the U.S. Court of Appeals for the Fifth Circuit in Consumers’ Research v. FCC.

“We are disappointed by today’s decision. Last year, the Supreme Court upheld the constitutionality of the Universal Service Fund, and today’s ruling does not change that. Today’s decision only addresses issues surrounding USAC authority,” said Joey Wender, Executive Director of the SHLB Coalition.

“SHLB is reviewing the decision with our legal counsel and will work with the FCC and other stakeholders to determine how best to respond to this decision to ensure the Universal Service Fund can continue its important work.”

Counsel for SHLB defended the USF before the Fifth Circuit at oral arguments in August. This decision follows SHLB and its partners' historic win last year in the Supreme Court in SHLB v. Consumers' Research (combined with FCC v. Consumers' Research), in which the Court upheld the constitutionality of the USF and concluded that "Congress made clear the parameters of the programs, and the FCC has operated within them." SHLB filed its intervenor brief jointly with the Benton Institute for Broadband & Society, the National Digital Inclusion Alliance, and MediaJustice.

Media Availability
Joey Wender is available for interviews. For more information, visit www.shlb.org or follow @SHLBcoalition on LinkedIn, Facebook, or X.

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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 across the United States. To learn more, visit www.shlb.org.