Consumers' Research v. Federal Communications Commission

109 F.4th 743 (2024)

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Consumers’ Research v. Federal Communications Commission

United States Court of Appeals for the Fifth Circuit
109 F.4th 743 (2024)

  • Written by Jamie Milne, JD

Facts

The Telecommunications Act of 1996 (act) established the Universal Service Fund (USF) to promote the provision of universal telecommunications service across the nation. The USF was to be administered by the Federal Communications Commission (FCC) (defendant), an executive-branch agency, and funded by contributions from telecommunication-service providers. The act effectively delegated to the FCC the power to impose a tax. The FCC subdelegated that authority to the Universal Service Administrative Company (USAC), a private company managed by parties with an interest in universal service programs. The USAC determined the total USF contribution amount and each service provider’s proportional share. Although the FCC technically oversaw the USAC’s determinations, the FCC routinely accepted the determinations without any significant review. Between 1995 and 2021, the total USF contribution amount increased from approximately $1.37 billion to over $9 billion. The charges to consumers increased accordingly. Consumers’ Research and others (plaintiffs) sued the FCC, arguing that the USF tax was unconstitutional because the USF contribution system constituted an improper delegation of legislative taxation power.

Rule of Law

Issue

Holding and Reasoning (Oldham, J.)

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Casebooks

Administrative Law

Key Terms

  • Separation of PowersThe doctrine, based on the constitutional division of power among the executive, legislative, and judicial branches of government, that prevents any one branch from exercising an excessive amount of power. Through checks and balances, each branch of government has some ability to restrain the other two.
  • Nondelegation DoctrineA doctrine providing that Congress cannot delegate its legislative powers to the executive branch. When authorizing the executive branch to act, Congress must provide it with an “intelligible principle” upon which to base its regulations.
  • Article I of the U.S. ConstitutionEstablishes the legislative branch of the federal government.
  • Federal Communications CommissionA federal agency created by Congress in 1934 to regulate interstate communications.
  • Telecommunications Act of 1996A federal law passed to amend the Communications Act of 1934, including an intent to open the telecommunications market to facilities-based competition and updates for new telecommunications technologies.

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