As the U.S. Supreme Court considers a case that could impact internet and phone services in rural areas, Arizona Attorney General Mayes is leading a bipartisan initiative to maintain a fund supporting these services.
The Universal Service Fund (USF), part of the Telecommunications Act of 1996, aims to promote nationwide communication services infrastructure, especially for rural communities, schools, and low-income users. The Federal Communications Commission (FCC) allocates resources through the USF to make it financially viable for companies to provide service in these areas.
"Access to reliable internet and phone services isn't a luxury—it's a necessity for schools, health care providers, and families in rural Arizona," stated Attorney General Mayes. "The Universal Service Fund has been a cornerstone in ensuring these communities stay connected. Striking down this vital program would jeopardize the infrastructure that rural Arizonans and Americans rely on every day. My office is proud to lead this bipartisan effort to safeguard these essential services.”
The challenge against the USF began in 2021. It questions whether Congress gave too much power to the FCC when directing it to use the USF program for universal telecommunications service and whether the FCC delegated excessive authority to the Universal Service Administrative Company (USAC), which manages the fund. While several courts have rejected such claims, the full Fifth Circuit deemed the USF unconstitutional.
In their brief filed today, Arizona and officials from 23 other states argue that the FCC has effectively provided benefits as envisioned by Congress through the USF.
The case under review is Federal Communications Commission v. Consumers’ Research, No. 24-354, consolidated with Schools, Health & Libraries Broadband Coalition v. Consumers' Research, No. 24-422.
States joining Arizona include Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine (including its Office of Public Advocate), Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island South Dakota Vermont Wisconsin Wyoming