Following a Supreme Court oral argument regarding the constitutionality of the Universal Service Fund (USF), the Information Technology and Innovation Foundation (ITIF) addressed the issue with a call for legislative action. Joe Kane, ITIF's Director of Broadband and Spectrum Policy, emphasized the need for reform and the possibility of the Supreme Court overturning the program's structure.
Kane remarked, "Everyone agrees the Universal Service Fund is in need of reform, and today's oral argument suggests it may have to come sooner rather than later. With many justices skeptical of the constitutionality of USF, the Supreme Court could invalidate the structure of the program in the coming months." He urged Congress to implement reforms focused on addressing the digital divide by targeting areas such as digital literacy and affordability. "Rather than gambling with broadband subsidies, Congress should enact common sense reforms to focus federal broadband subsidies on the real causes of the digital divide, including digital literacy and affordability, and directly appropriate funds for those efforts. These steps would moot the Supreme Court case and make USF more effective," Kane stated.
The ITIF's statement highlights concerns over the current framework of the USF and suggests that direct congressional action could prevent judicial invalidation while more effectively using federal resources.
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