In a July 24 ruling in Consumers’ Research v. FCC, the en banc Fifth Circuit ruled by a vote of 9 to 7 that the multi-billion-dollar Universal Service Fund (USF) tax levied by the Federal Communications Commission (FCC) rests on an unconstitutional combination of delegations and subdelegations of Congress’s legislative power. The holding throws federal broadband policy into an uncertain future and may potentially impact schools that use federal broadband programs.

In a statement, the Education and Libraries Networks Coalition (EdLiNC), of which NSBA is a member, vowed to fight the decision. “If this decision stands, the E-Rate, Rural Health Care, High Cost and Lifeline programs, which comprise the Universal Service Fund, will come to an abrupt halt,” the statement reads. “In the case of E-Rate, this decision could lead to cutting off broadband access for tens of millions of students, educators, and library patrons. We cannot let that happen.” Read the statement.