Fifth Circuit to hear long-overdue constitutional challenge to Universal Service Fund, writes Daniel Lyons. RestoringAmerica
Privacy has not gotten worse as a result of this regulatory repeal, it has merely not improved how some hoped. ach quarter, the Federal Communications Commission determines the Universal Service Fund surcharge that is placed on customers’ telecommunications bills. The surcharge is calculated by estimating the cost of the agency’s various universal service programs, divided by the industry’s anticipated telecommunications revenue.
On December 5, the U.S. Court of Appeals for the Fifth Circuit will hear arguments about whether this arrangement is constitutional. In, petitioners argue that Section 254 of the Telecommunications Act of 1996, which establishes the modern universal service program, is an unconstitutional delegation of legislative authority to the FCC.
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