On March 24, 2023, in Consumers' Research v. FCC, the U.S. Court of
Appeals for the Fifth Circuit issued a Decision (No. 22-60008)
upholding the constitutionality of Congress's delegation of
administration of the Universal Service Fund (USF) to the FCC and the
FCC's subsequent reliance on Universal Service Administrative Company
(USAC) for support USF programs. The challengers argued that Congress
failed to supply the FCC with an "intelligible principle" to guide the
FCC's administration, and that the FCC's relationship with USAC
violates the private nondelegation doctrine. On the same day, FCC
Commissioner Starks issued a statement about the decision upholding
the constitutionality of the FCC's administration of the USF.

https://www.mondaq.com/article/news/1305632?q=1803232&n=764&tp=10&tlk=7&lk=28

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