April 7, 2023 – Consumers’ Research, Cause Based Commerce, Inc., and 12 individuals have filed a petition for review with the U.S. Court of Appeals for the D.C. Circuit challenging the FCC’s proposed universal service fund (USF) contribution factor for the second quarter of 2023. The group generally argues the USF violates the nondelegation doctrine and is unconstitutional.

Prior to filing the petition for review, the Consumers’ Research group filed comments and objections to the 2Q 2023 contribution factor with the FCC.

The D.C. Circuit petition for review is similar to other legal challenges filed by Consumers’ Research that are currently being considered by the Sixth Circuit (challenging the USF contribution factor for the 4Q 2021; Case Number 21-3886 (filed September 30, 2021)) and the Eleventh Circuit (challenging the USF contribution factor for the 4Q 2022; Case Number 22-13315 (filed October 3, 2022)).

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit recently issued a unanimous opinion denying Consumers’ Research’s non-delegation doctrine challenge to the USF and the way it is funded and administered by the FCC.

The recent D.C. Circuit petition for review is captioned Consumers’ Research v. FCC., case number 23-1091 (filed Apr. 3, 2023).

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