November 18, 2021 – Seven broadband advocacy organizations have been accepted as intervenors in a lawsuit filed with the U.S. Court of Appeals for the Sixth Circuit challenging the legality of universal service fund (USF) contributions.[1] Additionally, the Sixth Circuit has set the initial briefing schedule for the case.[2]

On September 30, 2021, nonprofit organization Consumers’ Research, communications provider Cause Based Commerce, Inc., and five individual consumers filed a petition for review with the U.S. Court of Appeals for the Sixth Circuit challenging the Federal Communications Commission’s (FCC) approval of the proposed fourth quarter 2021 universal service contribution factor.[3] The Petitioners claim the FCC’s approval of the 4Q 2021 contribution factor (and the proposed contribution factor itself) “exceeds the FCC’s statutory authority and violates the Constitution and other federal laws.” They also generally challenge the legality of the USF regime.

The seven entities that have been approved as intervenors in the case as of November 18, 2021 are:

• Benton Institute For Broadband And Society

• National Digital Inclusion Alliance

• Center For Media Justice, dba MediaJustice

• Schools, Health & Libraries Broadband Coalition

• USTelecom–The Broadband Association

• NTCA–The Rural Broadband Association

• Competitive Carriers Association

The U.S. Court of Appeals for the Sixth Circuit has set the following initial briefing schedule:

• Petitioner’s Brief – Due Electronically By December 27, 2021

• Respondent’s Brief – Due Electronically By January 24, 2022

• Petitioner’s Reply Brief (Optional) – Due Electronically 21 Days After Respondent’s Brief

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[1] Consumers’ Research, et al v. FCC, et al, Case No. 21-3886, Document 1-1, 1-2 (6th Cir., filed Sep. 30, 2021).

[2] Letter from Leon T. Korotko, Case Manager, to Mr. James M. Carr, FCC Office of General Counsel, Mr. Gerard Sinzdak, U.S. Department of Justice, Mr. R. Trent McCotter, Boyden Gray & Associates, Re: Case No. 21-3886, Consumers’ Research, et al v. FCC, et al, Originating Case No.: DA21-1134, Case Document 22 (Nov. 15, 2021).

[3] Proposed Fourth Quarter 2021 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 21-1134 (Sep. 10, 2021), https://docs.fcc.gov/public/attachments/DA-21-1134A1.pdf.