Attorney General James Urges Supreme Court to Uphold Funding Program for Broadband Access in Rural Communities

NEW YORK – New York Attorney General Letitia James today urged the Supreme Court to uphold a funding program that supports broadband access in rural communities across the country. The Universal Service Fund (USF) supports internet, phone, and communications services for rural communities, schools, and low-income users. In an amicus brief filed in FCC v. Consumers’ Research, a coalition of 24 attorneys general argues that many rural schools, libraries, and health care providers have relied on the USF to operate and, without the USF, communities will lose access to critical resources.

“Thousands of schools, libraries, and health care facilities across the country rely on funding from the FCC’s Universal Service Fund to operate, and shutting it down would have devastating consequences,” said Attorney General James. “This program has been a crucial lifeline to provide phone and internet services to rural communities who need it and that is why my office is fighting to keep it. I am proud to join my fellow attorneys general in urging the Supreme Court to uphold this critical program that has helped millions nationwide.” 

The USF was established as part of the Telecommunications Act of 1996 to subsidize the infrastructure necessary to provide nationwide communications services. The USF is operated by the FCC, which has appointed the Universal Service Administrative Company, or USAC, a not-for-profit corporation to help the FCC administer the fund. Last year, the U.S. Court of Appeals for the Fifth Circuit ruled that the funding structure underlying the FCC’s USF is unconstitutional. 

In the brief filed today, the attorneys general argue that the USF has been successful in achieving the goals Congress intended for the program. Additionally, the coalition argues that the framework Congress created to manage the USF has benefited schools, libraries, rural health care providers, tribes, and low-income users. Without the USF, many low-income and rural communities may experience disruptions in telecommunications services that are necessary for daily activities. Cash-strapped schools may lose the chance to provide their students with the basic resources they need to thrive in the modern world and health care in rural communities may be harder to access and outcomes will be poorer.

Joining Attorney General James in filing today’s brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, the Maine Office of the Public Advocate, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Pennsylvania, Rhode Island, South Dakota, Vermont, Wisconsin, Wyoming, and the District of Columbia.