On Wednesday, the U.S. Supreme Court is set to hear arguments concerning the Federal Communications Commission’s (FCC) Universal Service Fund (USF). This follows the Fifth Circuit Court of Appeals' decision that found it unconstitutional under the nondelegation doctrine. The challengers in this case are represented by Boyden Gray PLLC and Texas Public Policy Foundation.

The FCC was initially authorized by Congress to collect funds for the USF with the intent to expand telephone service. However, Congress did not establish limits on how much money could be collected, effectively giving unrestricted authority to an agency. This power was further delegated by the FCC to a private entity composed of telecom insiders, enabling an unelected corporation to determine tax rates affecting millions of Americans.

The hearing will take place at 10:00 a.m. ET at the Supreme Court of the United States in Washington, D.C. Live audio of the proceedings will be available online.

A preview of the hearing features Boyden Gray PLLC Partner Trent McCotter and TPPF Executive Director and General Counsel Robert Henneke.

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