“Today’s decision by the Fifth Circuit Court regarding the constitutionality of the Universal Service Fund (USF) is outrageous. This decision by activist judges stands on dubious legal grounds but, more importantly and urgently, it will have catastrophic consequences for low-income Americans. 

This, coupled with the lapse in funding for the Affordable Connectivity Program, is a slap in the face to low-income families, rural America, schools and libraries that rely on USF-funded programs to get online. The digital divide in this country will grow from a valley to a gorge, leaving untold Americans excluded from modern life — from telemedicine, work opportunities, homework, online learning and community. It is a disgrace that this country seems incapable of providing affordable broadband to all. We look forward to the US Supreme Court overturning this decision and urge the Congressional USF Working Group to act quickly to solve this.” – Gigi Sohn, Spokesperson, Affordable Broadband Campaign

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“Following the end of the Affordable Connectivity Program, today’s Fifth Circuit ruling that the FCC’s long-standing mechanism for funding the Universal Service Program is unconstitutional eliminates the last remaining federal mechanism to make broadband affordable for all Americans. Happily, this decision will likely be reversed. Riddled with errors from its very first paragraph, the opinion contradicts Supreme Court precedent, and breaks with rulings from the D.C., Sixth, and Eleventh Circuits. This is in keeping with many recent Fifth Circuit rulings that disregard settled law and, where necessary, the facts, to achieve results desired by fringe, anti-government groups who want to use the courts to impose their unpopular agenda on the American people. 

“The majority’s broad and novel holdings on delegation have implications going far beyond the FCC and Universal Service. As one of the two persuasive dissents states, the court’s opinion ‘offers no test for determining when something that is neither an unconstitutional delegation of legislative power from Congress to an agency nor an unconstitutional delegation of government power to a private entity becomes unconstitutional, leaving the political branches powerless to govern.’

“Congress determined that Americans deserve access to high-quality, affordable communications services, and the USF has been administered for decades on a bipartisan basis to achieve this goal. Today, a panel of activists in robes has decided that they know better.” – John Bergmayer, Legal Director, Public Knowledge

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“We are deeply dismayed by the court’s decision today. The USF provides essential broadband services to anchor institutions throughout this country, and we will continue to support the FCC as it combats these claims. Unfortunately, the court uses the USF proceeding as a vehicle for expressing its own political philosophy rather than following the explicit intention of Congress in crafting section 254 of the Communications Act. As the dissent points out, Congress and the FCC provided an ‘intelligible principle’ supporting the USF program, consistent with prior Supreme Court precedent. We look forward to overturning this decision and will continue to work to support affordable broadband for schools, libraries, healthcare providers, and the American public.” – John Windhausen, Executive Director, Schools, Health & Libraries Broadband (SHLB) Coalition

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"Today’s majority opinion attempts to break new ground by ignoring Fifth Circuit and Supreme Court precedent. The majority’s hostility to the policies underlying the Universal Service Fund is palpable. That, plus the bipartisan group of seven dissenters, makes it almost certain that the Supreme Court will agree to hear the issue. And, given that two other Circuits have recently ruled the other way, I think there is a strong likelihood that the Supreme Court will uphold the constitutionality of the Universal Service Fund." – Andrew Jay Schwartzman, Senior Counselor, Benton Institute for Broadband & Society 

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“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.” – Ryan Johnston, Senior Policy Counsel for Federal Affairs, Next Century Cities

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“The Universal Service Fund plays an important role in making sure all Americans have access to necessary communications services. Yesterday’s decision by the 5th Circuit Court of Appeals puts this role in jeopardy and is out of step with two other Circuit Court decisions on this same issue. WTA will work with the Federal Communications Commission, Congress, other policymakers, and industry stakeholders to ensure that USF is not disrupted by these legal proceedings.” – Derrick Owens, Senior Vice President of Government and Industry Affairs, WTA – Advocates for Rural Broadband

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“Everyone belongs in a Connected Nation. For nearly 25 years, Connected Nation has been inspired and dedicated to empowering individuals and communities across America by providing innovative solutions that expand the access, adoption, and use of high-speed internet and its related technologies. While the Digital Divide can present in many forms and contexts, one of the most formidable over the last three decades has been providing physical access to broadband service, particularly in our country's most rural and disadvantaged areas. 

“Last week, the US Court of Appeals for the Fifth Circuit ruled that the Universal Service Fund (USF), as currently administered, is unconstitutional. The USF provides the critical funding source for the Federal Communications Commission’s (FCC) high-cost and low-income broadband programs that currently impact tens of millions of our fellow Americans. In addition, the USF provides critical connections to many of our nation’s schools, libraries, and rural health care facilities. This decision will spur strong debate and deliberation from industry, government, and stakeholder groups like ours. Although it is still unclear how or when this decision will begin to impact individuals and communities, Connected Nation, urges all parties to not lose sight of the importance of a broadband connection for equity in delivering digital opportunity in today’s world.” – Tom Ferree, Chairman & CEO, Connected Nation

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“If left standing, yesterday’s decision will destroy critical programs that keep schools, libraries, rural health care clinics, rural communities, and low income households connected to the internet. Universal service has been the policy of the United States for nearly a century, with Congress explicitly directing the FCC to pursue that goal by statute. But the Fifth Circuit’s en banc opinion casts all that aside, jeopardizing progress to close the digital divide and dimming hope for restoring the Affordable Connectivity Program.” – Raza Panjwani, Senior Policy Counsel, Open Technology Institute (OTI) at New America

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"The Fifth Circuit decision flies in the face of long-standing, bi-partisan policy supporting universal access to affordable, high-quality telecommunications services. CWA members include technicians who build and maintain broadband networks, and they see firsthand that people in rural areas, schoolchildren, library patrons, and families rely on the Universal Service Fund. We support Chairwoman Rosenworcel's pledge to pursue an appeal and urge Congress to continue its work to make sure that every household in America has reliable and affordable high-speed internet service.” – Communications Workers of America