FCC fund to expand phone and internet access faces Supreme Court scrutiny

Washington — The Supreme Court on Wednesday appeared likely to reject an effort to invalidate the Federal Communications Commission's multi-billion-dollar mechanism for expanding phone and internet access to low-income and rural communities. 

The case before the Supreme Court, known as FCC v. Consumers' Research, involves the commission's Universal Service Fund, which is supported by contributions from communications carriers. But it also provides the high court, which has a 6-3 conservative majority, with an opportunity to revive a long-dormant legal concept known as the nondelegation doctrine.

The principle is rooted in the separation of powers and states that Congress cannot delegate its legislative powers to executive branch agencies. The central question before the court was whether Congress and the FCC violated that doctrine through the scheme.