Boyden Gray & Associates has recently challenged the legality of the Universal Service Fund on behalf of Consumers Research, filing comments with the FCC. Additionally, the firm has represented TechFreedom and several internet entrepreneurs in a challenge to the Federal Communication Commission’s “net neutrality” regulation of broadband internet providers as common carriers under the Communications Act of 1934. Although the D.C. Circuit sitting en banc voted to uphold the FCC’s Open Internet Order, two dissenting judges adopted the firm’s argument that the order exceeds the FCC’s power because regulation of internet-service providers as common carriers is a “major question” about which Congress must speak clearly before the FCC may act. The FCC ultimately repealed the Open Internet Order. The firm has also represented parties challenging the FCC’s allocation of electromagnetic spectrum.
Universal Service Fund
- BG&A Files Comments on Behalf of Consumers’ Research Opposing FCC’s Universal Service Fund
- Comments Submitted on Behalf of Consumers’ Research Concerning the Federal Communication Commission’s Universal Service Fund, CC Docket No. 96-45 (Sep. 23, 2021)
- Petition for Rehearing En Banc for Intervenors TechFreedom et al., U.S. Telecom Ass’n v. FCC, No. 15-1063 (D.C. Cir. July 29, 2016)
- Reply Brief for Intervenors TechFreedom et al., U.S. Telecom Ass’n v. FCC, No. 15-1063 (D.C. Cir. Oct. 13, 2015)
- Brief for Intervenors TechFreedom et al., U.S. Telecom Ass’n v. FCC, No. 15-1063 (D.C. Cir. Oct. 13, 2015)