Necessary & Proper Episode 98: Courthouse Steps Decision: Federal Communications Commission v. Consumers’ Research

The Federal Communications Commission (FCC) has traditionally regulated interstate and international communications and, as part of that, maintained a universal service fund that requires telecommunications carriers to contribute quarterly based on their revenues. In order to calculate these contribution amounts, the FCC contracts the help of the Universal Service Administrative Company (USAC). The constitutionality of these delegations of power—to the FCC by Congress and to USAC by the FCC—were challenged in court by Consumers’ Research. On June 27, 2025, the Court ruled in favor of the FCC, rejecting the argument that the universal-service contribution scheme violates the nondelegation doctrine.
Join this FedSoc Forum to discuss this case, its decision, and what this means for the nondelegation doctrine going forward.
Featuring:

Sean Lev, Partner, HWG LLP
Moderator: Devin Watkins, Attorney, Competitive Enterprise Institute