Rural broadband executives told lawmakers Wednesday that Congress must modernize the Universal Service Fund to keep small town networks affordable and sustainable.
“USF doesn’t just cover network construction, but also ongoing operations, maintenance, and upgrades,” said witness Karen Jackson-Furman, CEO of West Kentucky and Tennessee Telecommunications Cooperative. For a rural co-op like WK&T, she added, the program was often “the difference between operating and not operating.”
Her testimony came during a hearing of the House Committee on Small Business centered on how expanding broadband may revitalize rural, small businesses. Lawmakers and witnesses also discussed permitting delays, flawed federal mapping, and the Trump administration’s changes to the Broadband Equity, Access, and Deployment program that removed its emphasis on fiber technology.
Tag Archives: universal service funds
OPPORTUNITY: Universal Service Fund (USF) Working Group – Request for Comment
Senator Fischer reports on an opportunity for folks to comment on the USF (Universal Service Fund)…
The USF Working Group reorganized in June – led by Senators Deb Fischer (R-NE) and Ben Ray Luján (D-NM), Chair and Ranking Member of the Telecommunications and Media Subcommittee, and joined by Senators Shelley Moore Capito (R-WV), Amy Klobuchar (D-MN), Jerry Moran (R-KS), Gary Peters (D-MI), Dan Sullivan (R-AK), and Jackie Rosen (D-NV). Representatives Richard Hudson (R-NC9) and Doris Matsui (D-CA7), Chair and Ranking Member of the Communications and Technology Subcommittee, lead the Group’s efforts in the House. Together, the bipartisan, bicameral USF Working Group invites public input about the future of the Federal Communications Commission’s Universal Service Fund.
Today, the USF comprises the High-Cost Program, Low-Income (Lifeline) Program, Schools and Libraries (E-Rate) Program, and the Rural Health Care Program. The Working Group aims to provide a bipartisan forum to guide reforms to the USF, ensuring that connectivity reaches Americans in every community across the nation.
The Working Group seeks comments from stakeholders across the country to explore the current state of the Fund, and assess proposals for the Fund’s modernization and reliable support of voice and broadband services into the future – particularly following the Supreme Court’s decision in Federal Communications Commission v. Consumers’ Research (consolidated with Schools, Health & Libraries Broadband Coalition v. Consumers’ Research).
Supreme Court finds Universal Service Fund contribution scheme and management were Constitutional
Broadband Breakfast reports...
The Supreme Court on Friday overturned a Fifth Circuit decision that found the $9 billion-per-year Universal Service Fund unconstitutional.
The Federal Communications Commission program supports rural broadband networks, plus internet discounts for low-income households, schools and libraries and healthcare centers. It’s been funded since the 1990s by fees on interstate voice revenue, with the accounting work delegated to the Universal Service Administrative Company, which the FCC set up for the purpose.
Conservative nonprofit Consumers’ Research had alleged the fund was unconstitutional, arguing Congress didn’t put enough guardrails on the FCC’s ability to collect fees as part of the fund, and that the agency improperly delegated authority to USAC. The Fifth Circuit had ruled the combination of the two illegally took taxing power away from the legislature.
FCC to Increase Universal Service Fund (USF) contribution for telecom companies
Telecommunications companies will see a slight increase in the percentage of end-user revenue they must contribute to the Universal Service Fund (USF).
In a public notice Thursday, the Federal Communications Commission’s Office of Managing Director announced that the universal service contribution factor for the second quarter of 2025 will be 36.6 percent, up slightly from 36.3 percent in the first quarter.
The updated tax will go into effect on April 1, impacting wireless carriers, long-distance providers, and other telecommunications companies.
The Supreme Court rules for heightened penalties for false reimbursement claims to E-Rate Program
The Supreme Court unanimously ruled Friday that companies can face heightened penalties for false reimbursement claims to the Universal Service Fund’s E-Rate program, allowing a whistleblower fraud suit to move forward.
Wisconsin Bell, an AT&T subsidiary, had argued the False Claims Act (FCA), which calls for triple damages for fraudulently seeking government funds, didn’t apply to the USF because it’s funded by fees on telecom companies. The company was sued under the FCA by telecom auditor Todd Heath, who alleged Wisconsin Bell overcharged schools participating in E-Rate.
The court didn’t rule on whether all of the roughly $8 billion the USF spends every year was government money. The decision hinged on the fact that delinquent debt and penalties collected by the Justice Department for infractions were deposited into the fund from the Treasury.
“The requests at issue qualify as claims because, in the years they were submitted, the U. S. Treasury deposited money into the Fund for disbursement to those entitled to E-Rate subsidies,” Justice Elena Kagan wrote for the court.
The Schools, Health & Libraries Broadband Coalition cheered the ruling, calling it a win for schools and libraries that rely on E-Rate for connectivity. The program provides internet discounts for those institutions.
“By clarifying the applicability of the False Claims Act to E-rate reimbursements, the Court helps ensure that schools and libraries are able to obtain prices that are no higher than the rates charged to similarly situated customers,” SHLB Executive Director John Windhausen said in a statement. “This ruling helps improve the efficiency of the Universal Service Fund and the E-Rate program.”
I think another aspect of this case is defining whether USF is a fee on telecom companies or taxes. Also, as the article states…
But the justices didn’t rule on the question of whether all E-Rate funds are government cash.
The Supreme Court is set to make decisions on the future of USF (Universal Service Fund)
The fate of the $8 billion Universal Service Fund (USF) now lies in the hands of the Supreme Court, which has the power to determine whether the subsidy program is unconstitutional.
The Court on Friday agreed to hear an appeal of the Fifth Circuit’s ruling that the Federal Communications Commission’s (FCC) method of funding the USF is unconstitutional.
The legality issue concerns the FCC’s choice to delegate the administration of USF programs (Connect America Fund, Lifeline, E-Rate and Rural Health Care) to a private third party – the Universal Service Administrative Company (USAC).
The Sixth and Eleventh Circuits have already ruled to uphold the constitutionality of the USF’s current funding mechanism. New Street Research policy analyst Blair Levin thinks the Supreme Court will side with their decision, but the outcome is “far from certain.”
We probably won’t know the Supreme Court’s decision until June 2025. But one key factor weighing on the USF’s future is Elon Musk’s influence on telecom policy.
Expectations of Trump Administration Broadband policies
Fierce Telecom looks at what the Trump Administration could mean for a number of broadband issues…
First things first. Historically, the party in power has held a 3-2 majority at the Federal Communications Commission (FCC), allowing them to carry out the president’s policy agenda. Traditionally, the sitting chair has stepped down, allowing the President to pick a new FCC chief.
So, with Trump in the White House, that means the FCC will be Republican-led and likely by sitting Commissioner Brendan Carr. Though Trump hasn’t specified his choice for FCC chair, Carr is the most senior Republican on the Commission and analysts have singled him out as the probable pick.
For USF (Universal Service Fund)…
On the Universal Service Fund front, reform could also come via a Republican-led Congress, according to Ted Hearn, Policyband publisher and former VP of industry association ACA Connects. …
Instead of relying on fees from broadband providers or big tech, Cruz has argued the USF should be funded via appropriations from Congress. That way, lawmakers can keep a closer eye on where the money goes and what rules are set for broadband programs under the FCC.
For wireless…
But back to Carr’s potential agenda. In the Project 2025 document, Carr also advocates for the FCC to free up more spectrum for wireless service, though it’s unclear how it would do this given the agency’s auction authority lapsed in March 2023 and has yet to be renewed.
Carr also indicated Republicans should eliminate policies which allow broadband funding to be used for overbuilding and improve coordination on spectrum policy and infrastructure spending.
For BEAD and Net Neutrality…
Project 2025 aside, Carr has also opposed net neutrality rules adopted by the FCC, as well as rules designed to regulate the use of artificial intelligence (AI) in political ads.
Additionally, he argued against the FCC’s decision to revoke Starlink’s $885 million Rural Digital Opportunity Fund (RDOF) subsidy award, calling it “regulatory harassment” of Starlink owner Elon Musk. Why does that matter? Well, Musk potentially has a lot to gain should policy for the $42 billion Broadband Equity, Access, and Deployment (BEAD) Program swing in favor of Starlink’s satellite service. Granted the FCC isn’t in charge of administering BEAD – the National Telecommunications and Information Administration (NTIA) is – but Musk would likely find an ally in Carr.
Bipartisan group of senators looking at USF – could ACP be part of the solution?
To revive the ACP, Congress will need to reauthorize it. But it’s not looking likely.
Unfortunately, it’s coming down to details on reforms. Some members take issue with the ACP’s rather expansive eligibility, which may lead to wasteful spending. Some argue that there is a lot of abuse of the program given the self-certification model that some providers used.
Here’s the good news: Both sides seem willing to make compromises. The bad news is that conversations have completely stalled.
The reality is that, if Congress cannot reach a consensus on the ACP to address affordability, it only puts more strain on existing programs like Lifeline, which is funded by the FCC’s Universal Service Fund (USF).
But USF programs are far from perfect.
USF is a general fund that pays for four subsidy programs: Lifeline, the High-Cost Program, the Rural Health Fund, and E-Rate. Lifeline and E-Rate are the ones most akin to the ACP. Lifeline provides subsidized telephone and broadband services to low-income individuals. E-Rate provides discounts for telecommunications, internet access, and internal connections to schools and libraries.
Even though these programs seem arcane, you most likely unknowingly interact with USF already—because you, the consumer, fund it when you pay your monthly phone bill as a surcharge for your service. Since 2002, the tax to you has steadily risen from 6.8 percent to an astonishing 34.4 percent, increasing your phone service cost. Sadly, that figure is only going to increase further.
Not only is consumer cost a concern, but USF programs are notoriously inefficient at closing the digital divide. Keep in mind, Lifeline has been around since 1985 and has yet to make similar dents to broadband adoption that ACP has accomplished in just three years. And USF compliance costs are fairly high for companies seeking to participate.
Fortunately, a bipartisan group of senators is looking into USF reform and, even better, there are solutions on which both parties can agree. One is for Congress to simply roll the ACP into USF’s contribution regime and have it take the place of less efficient programs with similar mandates, like Lifeline.
Much of what I read daily is industry publications. It’s always interesting to look at what a mainstream source, such as Newsweek, is saying. They hit on the topics that they think will interest more folks, and in an area such as telecom, they focus on making it easy to understand. It’s worth the extra minute to read the full article.
Is the Universal Service Fund Unconstitutional? Why does it matter? A Connect This conversation
Connect This is a regular podcast hosted by the Institute for Local Self Reliance, where smart people talk about complicated technology policy issues. Each participant is smart in his/her own silo and those silos shadow each other but they “dumb down” the conversation a little to be understood. So, the lawyers, the engineers and the policy wonks all use English! Acronyms are explained – but the assumption is that you know what broadband is. It’s rarely a 101 discussion; it’s graduate level but interdisciplinary.
The other day they took on the Universal Service Fund (USF) and its constitutional standing. Sounds wonky – it is. But it’s important to schools, providers, customers who get charged USF and the ones who reap the benefits. RDOF could be in a sticky situation.
Here’s the blurb and video from the ILSR… (pro tip: I walk while I listen so I don’t get distracted and I soak up the MN summer while I can!)
On July 24, 2024, the Fifth Circuit Court of Appeals ruled 9-7 that the Universal Service Fund is unconstitutional.
The decision throws a whole raft of federal broadband programs – including those which help schools pay for connectivity, those which help homes pay for home Internet access, and more – into a state of uncertainty.
All signs point to a stop at the Supreme Court for final ruling on the future of the program. On the most recent episode of the Connect This! Show, hosts Christopher Mitchell (ILSR) and Travis Carter (USI Fiber) were joined by regular guests Doug Dawson (CCG Consulting) and Kim McKinley (UTOPIA Fiber) as well as special guest Casey Lide (Keller and Heckman Law Firm) to talk about the decision. They discuss the impact of the decision in the long-term, including how the USF fits into the jigsaw puzzle of federal broadband funding programs and what we can expect to see if the decision is upheld.
Appeals Court rules put Universal Service Fund in jeopardy
Calling it a “misbegotten tax,” a federal appeals court in New Orleans ruled Wednesday that a method the Federal Communications Commission uses to fund telephone service for rural and low-income people and broadband services for schools and libraries is unconstitutional.
The immediate implications of the 9-7 ruling by the 5th U.S. Circuit Court of Appeals were unclear. Dissenting judges said it conflicts with three other circuit courts around the nation. The ruling by the full 5th Circuit reverses an earlier ruling by a three-judge panel of the same court and sends the matter back to the FCC for further consideration. A Supreme Court appeal was likely by advocates for media access.
“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,” said Andrew Schwartzman, an attorney representing advocacy groups including the Benton Institute for Broadband & Society.
Proposed legislation would have broadband providers contribute to Universal Service Fund (USF)
Several U.S. senators introduced legislation that if passed, would direct the Federal Communications Commission (FCC) to assess contributions from broadband and edge providers to the Universal Service Fund (USF).
The USF is allocated to broadband builds in rural and Tribal areas, connections for schools, hospitals and libraries, as well as a low-income affordability program.
Until now, broadband and edge providers haven’t been required to contribute to the USF. Since its launch in 1997, USF funding has been the burden of traditional telecommunications companies, including wireline and wireless companies, as well as cable companies that provide voice services. Amid fears over that revenue base “trending toward $0,” the proposed allocated budget for the USF in the fourth quarter of 2023 was still $6.03 billion.
Lawmakers (Sen Klobuchar & Rep Craig) introduce bipartisan legislation to expand access to rural broadband
Senator Klobuchar helped lead the pack in the Senate…
U.S. Senators Amy Klobuchar (D-MN), John Thune (R-SD), John Hickenlooper (D-CO), and Jerry Moran (R-KS) reintroduced bipartisan legislation to expand broadband access to rural communities. The Reforming Broadband Connectivity Act would strengthen funding mechanisms for the Federal Communications Commission’s (FCC) Universal Service Fund (USF), which promotes universal access to broadband and other telecommunications services. Currently, the USF is primarily funded through landline fees, disproportionately impacting seniors, who are more likely to use landlines than other Americans. …
U.S. Senators Amy Klobuchar (D-MN), John Thune (R-SD), John Hickenlooper (D-CO), and Jerry Moran (R-KS) reintroduced bipartisan legislation to expand broadband access to rural communities. The Reforming Broadband Connectivity Act would strengthen funding mechanisms for the Federal Communications Commission’s (FCC) Universal Service Fund (USF), which promotes universal access to broadband and other telecommunications services. Currently, the USF is primarily funded through landline fees, disproportionately impacting seniors, who are more likely to use landlines than other Americans.
US Representative Angie Craig helped lead the pack in the House…
Tuesday, U.S. Representative Angie Craig helped introduce the Reforming Broadband Connectivity Act to reform Federal Communications Commission (FCC) practices and expand broadband access to more rural Minnesotans.
The bill would direct the FCC to modernize the system they use to fund broadband and telecommunications expansion to ensure low-income and rural communities can continue to use the program.