You can find a PDF of this press release here.

For Immediate Release

Contact: Brittany-Rae Gregory Rivers
brittany-rae@nextcenturycities.org
July 24, 2024

Washington, D.C. (July 24, 2024) – Today, the Fifth Circuit Court of Appeals released an en banc rehearing decision reversing its prior panel’s opinion on the constitutionality of the Universal Service Fund. 

The Universal Service Fund holistically addresses broadband affordability, services for schools and libraries, telehealth, and providing connectivity for areas that would be very costly to serve. The decision deems the mechanisms through which the Federal Communications Commission has, for years, worked to close the digital divide unconstitutional.

If this cornerstone funding is disrupted, communities nationwide face uncertainty implementing new technology in schools, bringing their citizens online, and helping their seniors age in place.

The Universal Service Fund is not a perfect solution, but it provides critical resources for those most impacted by the digital divide. 

The following can be attributed to Ryan Johnston, Senior Policy Counsel for Federal Affairs: 

“Today’s decision evidences a misunderstanding of how the Universal Service Fund actually works. It also reveals a fundamental disregard for individuals that rely on programs like Lifeline to stay connected to the world around them.  

“Congress’ intent is clear: all people of the United States are to be connected without discrimination on the basis of race, color, religion, national origin, or sex. Now, the 5th Circuit has dealt a significant blow to the Commission’s ability to uphold that goal.”

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