5th Circuit Challenge of USF Contribution Factor Is Over for Now
Consumers’ Research and other challengers of the USF contribution factor in the 5th U.S. Circuit Court of Appeals agreed to end their current challenge there. The government and challengers said in a filing with the court that they “hereby stipulate to the dismissal of the petitions in the above proceedings, with each side to bear its own costs and fees.”
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Consumers’ Research earlier asked the very conservative court to look more closely at an issue raised in the dissent and a footnote in the majority opinion of the U.S. Supreme Court’s decision in June upholding the legality of the USF. The footnote observed that several provisions in Section 254 of the Communications Act weren't challenged by Consumers’ Research and that the court was expressing no opinion about their legality (see 2507150081).
The case is over, but probably only temporarily, a court watcher said Wednesday. Everyone expects that the group “will shortly file a new case for the next quarter, where the sole remaining issue is squarely teed up,” the lawyer said.