Supreme Court Upholds Constitutionality of Universal Service Fund: Congress must ensure its stability into the future

WASHINGTON, D.C. – In response to the Supreme Court's opinion issued today in Consumers’ Research v. Federal Communications Commission considering the constitutionality of the Universal Service Fund, the Communications Workers of America (CWA) releases the following statement:
 

The Supreme Court upheld what most observers know to be true: the federal Universal Service Fund (USF) is fully constitutional. As the amicus brief signed by CWA explained, "Universal service principles have been a key element of American communications policy since the nation’s founding."

While the legality of the Fund's structure should never have been in doubt, the communications industry has changed since the USF was originally created in 1996. As technicians and customer service representatives in the telecommunication industry, CWA members see the positive impact of the USF every day. We also recognize that broadband internet and other emerging technologies now play a central role in our daily lives. It’s time for Congress to recognize this and take action to modernize the contribution mechanism supporting the fund to ensure that these essential services are available and affordable for all Americans.

We are gratified that Chair and Ranking Member of the Senate Telecommunications and Media Subcommittee, Senator Deb Fischer (R-NE) and Ben Ray Luján (D-NM), along with House Communications and Technology Subcommittee Chair Richard Hudson (R-NC9) and Ranking Member Doris Matsui (D-CA7), have re-started the Universal Service Fund Working Group. The working group puts Congress in a good position to take the action needed.

This round of litigation and briefing before the Supreme Court emphasized that support for the Universal Service Fund and the programs it supports are strong and broadly held. Companies and organizations as diverse as the U.S. Chamber of Commerce, the Lawyers Committee for Civil Rights Under Law, the National Foreign Trade Council, NCTA – The Internet & Television Association, the School Superintendents Association and the American Library Association, filed amicus briefs in support of the constitutionality of the fund, and illustrating the many devastating consequences that would arise if it failed.

CWA members stand ready to ensure that the USF is used to provide support to building and maintaining high-quality, fiber broadband infrastructure in rural and remote areas of the country and that low-income households can afford to purchase those services. Without such a network that reaches everyone and that everyone can afford, the well-being of our communities and our nation will be under threat.

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