NTCA – The Rural Broadband Association

10/15/2026 | Press release | Distributed by Public on 10/15/2026 18:21

NTCA Response to U.S. Court of Appeals for Fifth Circuit Universal Service Fund Decision

NTCA-The Rural Broadband Association released the following statement from CEO Mike Romano in response to the U.S. Court of Appeals for the Fifth Circuit decision in Consumers' Research v. FCC on the legality of the Universal Service Administrative Co.

"NTCA strongly disagrees with the court's decision. The court's holding that Congress never authorized the FCC to establish the Universal Service Administrative Co. (USAC) flies in the face of the fact that Congress explicitly ratified USAC's existence as an instrumentality of the government just several years ago. We also disagree with the court's decision to vacate the administration of universal service programs rather than directing the FCC to act. If this decision takes effect, it will harm millions of consumers, businesses, and government operations in rural America. Today's decision inflicts unnecessary uncertainty on small broadband providers who relied on these programs when investing in networks in deeply rural areas while disrupting our country's fundamental and essential mission of universal service. NTCA will continue working with the commission to defend the USF in the courts and to improve the administration of critical universal service programs through the agency's own ongoing proceedings."

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