As the U.S. Supreme Court reviews an important case that could determine the fate of internet and phone service for millions of people living in rural areas in Arizona and across the country, Attorney General Mayes is leading a bipartisan effort urging the court to keep in place a fund that supports those services.
The Universal Service Fund, or USF, was established as part of the Telecommunications Act of 1996 to promote the infrastructure necessary to provide nationwide communications services, including for rural communities, schools, and low-income users. The resources allocated by the Federal Communications Commission through the USF help make it financially feasible for companies to provide service in those areas and for communities to afford it.
"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," said 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.”
At issue is a 2021 challenge to the USF, which is managed by the Universal Service Administrative Company, or USAC, a not-for-profit corporation created by the FCC to help with the administration of the fund. The group that originally brought the challenge argues that Congress has delegated too much power to the FCC when Congress directed the FCC to use the USF program to provide universal telecommunications service, and that the FCC has delegated too much power to USAC in its administration of the fund. While the Sixth Circuit, Eleventh Circuit, and a panel of the Fifth U.S. Circuit Court of Appeals all have rejected such claims, the full Fifth Circuit struck the USF down as unconstitutional.
In the brief filed today, Arizona and 23 officials from other states argue that the FCC has successfully and constitutionally provided the benefits envisioned by Congress thanks to the USF, including here in Arizona.
The case is Federal Communications Commission v. Consumers’ Research, No. 24-354, consolidated with Schools, Health & Libraries Broadband Coalition v. Consumers' Research, No. 24-422.
Joining Arizona on the brief filing are Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, the Maine Office of the Public Advocate, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Dakota, Vermont, Wisconsin, and Wyoming.
Original source can be found here.