Lifeline/Low-Income Consumers

Senators Ben Ray Luján (D-NM) and John Thune (R-SD) announced a bipartisan Senate working group to evaluate and propose potential reforms to the Universal Service Fund (USF). The goal of this working group is to create a bipartisan forum to guide education, awareness, and policy-making on this topic.

All people in the United States shall have access to rapid, efficient, nationwide communications service with adequate facilities at reasonable charges.

The Universal Service Fund (USF) is inefficient, ineffective, and funded by a regressive tax mechanism. Several reforms could improve the program:

The House Commerce Committee's Subcommittee on Oversight and Investigation held a hearing on May 10 discussing federal funding for broadband deployment as part of ongoing efforts to

The Federal Communications Commission quietly won two court cases over the last month that most folks have not heard about. A group of complainants brought a suit against the FCC, saying that the agency didn’t have explicit direction from Congress for the creation of the Universal Service Fund (USF) or the authority to delegate the operation of the USF to a third party.

The U.S. Court of Appeals for the 6th Circuit joined the 5th Circuit in rejecting an attack on the constitutionality of the Federal Communications Commission’s Universal Service Fund (USF). The  USF is a critical means of reducing the cost of broadband and other telecommunications services for schools, hospitals and libraries, for low-income consumers, and for residents of rural America. The Benton Institute for Broadband & Society, MediaJustice, and the National Digital Inclusion Alliance are intervenors supporting the FCC in this case.

FCC Commissioner Geoffrey Starks said, “I’m pleased that the Fifth Circuit agreed with what I and many others—including bipartisan members of Congress—have said about the Universal Service Fund. It is constitutional, both in concept and implementation. The Universal Service Fund continues to connect rural communities, schools, libraries, healthcare providers, and low-income households all across the country.

Coming from one of the more conservative courts in the country, this decision is a ringing ratification of the system Congress established to ensure that all Americans have affordable access to telecommunications service and advanced services like broadband. This should not come as a surprise, but once the USF was subjected to a legal challenge, the Benton Institute for Broadband & Society joined with public allies to defend this critical mechanism for ensuring universal broadband.

The 5th Circuit U.S. Court of Appeals upheld the decades-old funding mechanisms governing Federal Communications Commission subsidies, a decision that assures the delivery of billions of dollars in broadband aid across a variety of government programs. The FCC, for more than a quarter-century, has operated this pot of subsidies known as the Universal Service Fund, amounting to roughly $9 billion annually.

Congress should extend the worthwhile Affordability Connectivity Program (ACP) promptly by appropriating additional funding. At the same time, it can consider revising the program to better target the ACP benefit to those lower-income households most truly in need and adopting measures to minimize, to the extent possible, any waste, fraud, and abuse in the program. The ACP represents one-half of the federal government's push to make it possible for every American to access a high-speed Internet connection.