Case Info: FCC v. Consumers' Research | Case No. 24-354 | Date Argued: 3/26/25

Link to Docket: Here.

Background:

In 47 U.S.C. 254, Congress required the Federal Communications Commission (Commission) to operate universal service subsidy programs using mandatory contributions from telecommunications carriers. The Commission has appointed a private company as the programs' Administrator, authorizing that company to perform administrative tasks such as sending out bills, collecting contributions, and disbursing funds to beneficiaries.

Questions Presented:

1. Whether Congress violated the nondelegation doctrine by authorizing the Commission to determine, within the limits set forth in Section 254, the amount that providers must contribute to the Fund.

2. Whether the Commission violated the nondelegation doctrine by using the Administrator's financial projections in computing universal service contribution rates.

3. Whether the combination of Congress's conferral of authority on the Commission and the Commission's delegation of administrative responsibilities to the Administrator violates the nondelegation doctrine.

Host Note: Consolidated with: SHLB Coalition V. Consumers' Research, Case No. 23-422.

Oral Advocates:

• For petitioners in 24-354: Sarah M. Harris, Acting Solicitor General, Department of Justice, Washington, D. C.
• For petitioners in 24-422: Paul D. Clement, Alexandria, Va.
• For respondents: R. Trent McCotter, Washington, D. C. VIDED.