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Consumers' Research, FCC Differ on USAC Role in Setting USF Contribution Factor

The FCC provided "no evidence" that it "actually reviewed and accepted" the Universal Service Administrative Co.'s figures for the Universal Service Fund 2021 Q4 contribution factor, Consumers' Research told the 6th U.S. Circuit Court of Appeals. The commission "couldn't even…

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be bothered to issue a separate approval document," the group said in a letter posted Monday in docket 21-3886. The group said such "rubber stamping" violates the private nondelegation doctrine, citing the court's recent ruling in Oklahoma v. United States regarding the FTC' and the Horseracing Authority. The FCC disagreed in a letter posted Monday, saying USAC is "subordinate to a federal agency" and the commission "exercises extensive oversight." USAC "has no rulemaking or policy-making authority," the FCC said.