The U.S. Court of Appeals for the District of Columbia Circuit on Friday considered whether a Federal Communications Commission-managed program that funds services to underserved populations violates the constitutional prohibition on Congress delegating its revenue-raising authority to a federal agency.

Judge Patricia Millett was skeptical of Consumers’ Research’s argument that the 1996 statute establishing the Universal Services Fund set no guidance for the FCC on how much it can collect from telecommunications carriers to cover the cost of developing high-speed internet in low-income and rural areas. The carriers raise the money typically through a charge on consumers’ bills.

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