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Maryland Attorney General Anthony Brown has joined a bipartisan coalition urging the Supreme Court to uphold a critical funding mechanism that ensures internet and phone access for rural communities, low-income users, and public institutions. The Universal Service Fund (USF), established under the Telecommunications Act of 1996, provides resources that enable companies to deliver affordable communication services nationwide. The case under review, Federal Communications Commission v. Consumers’ Research, could have wide-ranging implications for millions of Americans.
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The USF, administered by the Federal Communications Commission (FCC) through the Universal Service Administrative Company (USAC), supports infrastructure and services crucial for connectivity. Opponents argue the FCC has overstepped its authority by delegating administrative power to USAC, claiming constitutional overreach. A decision by the Fifth Circuit Court declared the USF unconstitutional, contrasting prior rulings by the Sixth Circuit, Eleventh Circuit, and a Fifth Circuit panel. The current Supreme Court review will decide the program’s future viability.
Attorney General Brown, alongside attorneys general from 23 states and territories, has submitted a brief defending the USF’s constitutionality. He emphasized the importance of maintaining connectivity in modern life, highlighting how these services are essential for daily activities, including education, work, and communication with loved ones. The USF enables Maryland residents in underserved areas to access subsidized broadband and phone services that would otherwise be unattainable.
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Maryland joins other states, including Arizona, Colorado, and New York, in supporting the FCC’s authority to manage the USF. Officials argue the fund has successfully fulfilled its Congressional mandate to provide equitable telecommunications services. The outcome of the case will determine whether critical services remain accessible to vulnerable populations and institutions across the country.
Article by multiple RFHC contributors.
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