In a landmark decision, the Supreme Court held that the Federal Communications Commission’s Universal Service Fund is constitutional.  The Fund subsidizes communications services for low-income consumers, schools, libraries, rural health care providers, and rural communications providers.  Had the Court found the Fund to be unconstitutional, connectivity for millions of Americans would have been at risk.

In the proceeding, WBK represented a coalition of trade associations of communications providers defending the Fund: the Competitive Carriers Association, NTCA–The Rural Broadband Association, and USTelecom–The Broadband Association.  WBK, along with the federal government and a coalition of stakeholders, successfully defended the Fund in cases before the federal appeals courts for the Fifth, Sixth, and Eleventh Circuit before the “full” Fifth Circuit reversed course by a narrow margin and ruled against the Fund.  Working in conjunction with a broad coalition, WBK successfully petitioned for Supreme Court review and persuaded a six-justice majority to give its clients a total win.