Court Rejects Attack on Congress Empowering Agencies to Serve the Public

For Immediate Release: June 27, 2025
Contact: David Rosen, drosen@citizen.org

WASHINGTON, D.C. – The Supreme Court today, in FCC v. Consumers’ Research, issued a decision addressing the constitutionality of a provision in the Telecommunications Act of 1996 that requires the Federal Communications Commission (FCC) to create programs aimed at ensuring affordable nationwide telecommunications access and to collect mandatory contributions from providers to fund these programs. A federal court of appeals held the provision unconstitutional on the theory that it impermissibly delegated legislative power to the executive branch by authorizing the FCC to design the universal-service programs and determine the amount of providers’ contributions. The Supreme Court reversed, holding the statutory provision constitutional.

Nicolas Sansone, attorney for Public Citizen and author of an amicus brief in support of the universal-access program’s constitutionality, issued the following statement:

“The Supreme Court rejected an attack on Congress’s authority to task expert executive agencies with the responsibility to administer programs that benefit the public. Agencies require flexibility to run federal programs effectively, particularly in rapidly evolving areas like telecommunications technology. This decision is a big win for the sensible administration of federal programs and for the people that those programs are designed to serve.”

Rachel Weintraub, executive director of the Coalition for Sensible Safeguards (co-chaired by Public Citizen), issued the following statement:

“This decision is an important affirmation of Congress’s authority to empower agencies to administer critical programs that serve the public interest. This decision affirms the critical and constitutional role that agencies play in protecting the public.”