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US appeals court invalidates federal $9 billion telecom subsidy fund

The ruling threatens a $9 billion subsidy program that helps 7.5 million low-income households and 118,000 schools and libraries, officials said.

  • On Thursday, the U.S. Court of Appeals for the Fifth Circuit ruled the Federal Communications Commission exceeded its authority by creating the Universal Service Administrative Co. to manage the $9 billion Universal Service Fund.
  • Judge Edith Brown Clement, writing for the panel, stated the FCC lacked legal authority in 1997 to establish USAC, violating the Government Corporation Control Act because Congress never specifically authorized the private oversight company.
  • The $9 billion fund subsidizes essential communications for 7.5 million low-income households, while also providing $7 billion over a three-year period to 118,000 schools and libraries serving 54 million students.
  • Exploring all options for managing the fund, the FCC stated Friday the court's order would not take effect for at least two months, at the earliest.
  • This decision follows a June 2025 Supreme Court ruling that endorsed the FCC's funding mechanism, which an earlier Fifth Circuit decision had labeled a "misbegotten tax" on consumers.
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Reuters broke the news in London, United Kingdom on Friday, October 16, 2026.
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