Luján, Fischer Lead Bipartisan Amicus Brief Urging SCOTUS to Uphold the Universal Service Fund

21 Senators and 8 Representatives Call on Supreme Court to Uphold the Universal Service Fund, Ensure Rural and Underserved Areas Have Access to Broadband

Washington, D.C. – Today, U.S. Senators Ben Ray Luján (D-N.M.) and Deb Fischer (R-Neb.), members of the Senate Committee on Commerce, Science, and Transportation, filed an amicus brief to the Supreme Court in support of upholding the Universal Service Fund (USF), a critical federal program that has reliably supported broadband access in the most rural and underserved areas of the country for nearly 30 years. The Supreme Court’s case, Consumers’ Research v. FCC, concerns claims of unconstitutionality in the current funding mechanism for USF and the court’s ruling can potentially cut off broadband service to some of our country’s most underserved areas.

In the amicus brief, Senators Luján, Fischer, and a group of 27 bipartisan Senators and Representatives argue that Congress has established sufficient universal service policy and principles to direct the Federal Communications Commission’s (FCC) implementation of the Universal Service programs & contribution mechanism. The Senators also argue that Congress exercises significant oversight of the FCC’s implementation of USF, and the work performed by the Universal Service Administrative Company (USAC) does not undermine political accountability. The Senators state that dismantling USF would have dire consequences for millions of Americans, impeding efforts to close the digital divide.

“From New Mexico’s rural schools and hospitals to working families in underserved and rural communities, the Universal Service Fund has been instrumental in expanding broadband access across the country,” said Senator Luján. “As I argue in my amicus, Congress has already established sufficient policies and guardrails to ensure the FCC stays within its mandate in its implementation of the program. Dismantling USF would be devasting for Americans who have relied on this critical program for decades and would leave millions on the wrong side of the digital divide.”

“Congress set clear goals for the mission of universal service, and the Universal Service Fund has been fulfilling those goals for nearly 30 years. The fund has extended broadband and communications access to the most unserved parts of our country. I am proud so many of my colleagues in the Senate and House joined this brief highlighting USF’s role in rural America to inform the Court’s decision,” said Senator Fischer.

Joining Senators Luján and Fischer in submitting the amicus brief are Senators Ed Markey (D-Mass.), Dan Sullivan (R-Alaska), Jacky Rosen (D-Nev.), Shelley Moore Capito (R-W.Va.), Gary Peters (D-Mich.), Mike Crapo (R-Idaho), Amy Klobuchar (D-Minn.), Lisa Murkowski (R-Alaska), Peter Welch (D-Vt.), Kevin Cramer (R-N.D.), Tammy Baldwin (D-Wis.), Pete Ricketts (R-Neb.), Angus King (I-Maine), Roger Marshall (R-Kan.), Chris Van Hollen (D-Md.), James Risch (R-Idaho), Richard Blumenthal (D-Conn.), Mike Rounds (R-S.D.), and Tammy Duckworth (D-Ill.) and Representatives James Clyburn (D-S.C.), Dusty Johnson (R-S.D.), Doris Matsui (D-Calif.), Nick Begich (R-Ala.), Yvette Clarke (D-N.Y.), Pete Stauber (R-Minn.), Debbie Dingell (D-Mich.), and Brad Finstad (R-Minn.).

Senator Luján has long worked to support and improve the Universal Service Fund and expand broadband access. In March 2023, Senator Luján reintroduced the Funding Affordable Internet with Reliable (FAIR) Contributions Act, legislation that would direct the Federal Communications Commission (FCC) to conduct a study into the feasibility of collecting Universal Service Fund contributions from internet edge providers. In May 2023, Senator Luján announced a bipartisan, bicameral working group to evaluate and propose potential reforms to the Universal Service Fund.

A copy of the amicus brief is available here.

###