Everybody into the pool

 Here's a good reason to write to your Senators and Congressperson.

There are bills (S. 1651in the Senate and apparently not yet numbered in the House) working their way through both houses that would expand the contributors to the Universal Service fund to include ISPs and "edge providers" (companies that use the Internet to provide services like search engines, e-commerce, videoconferencing, etc.)

This may be the only initiative in Project 2025 that I agree with, though I don't agree with the reason for it. I support the bills for two reasons: fairness and stability, while Project 2025 supports the idea for one reason: vengeance. 

Currently, it feels a little unfair that USF contributions are a percentage of interstate telecommunications, while ISPs and edge providers are principal beneficiaries of the program on the provider side. Having ISPs and edge providers kick in seems only fair.

I think it will give the fund more stability because it would lower the contribution factor. Because the pool of income from which contributions come, the FCC has been forced to hike the contribution factor just to keep the USF expenditures steady. (Well, USF expenditures have been increasing, but don't blame the E-Rate.) It doesn't really matter, because we're all paying the same amount in the end, but the size of the contribution factor is frequently used by those opposed to the E-Rate. And if the pool gets small enough, the contribution factor might have to go over 100%, which would look silly. Adding ISP and edge provider revenues to the pool will bring the contribution factor down to a nice-looking number, and ensure the pool doesn't keep shrinking.

What's this about vengeance? Well, as I've already pointed out, Chairman Carr, who wrote the Project 2025 chapter on telecommunications, wants to use the USF as a stick to beat Big Tech for "its attempts to drive diverse political viewpoints from the digital town square." (p.847) 

Regardless of how you feel about Big Tech's effect on political discourse, this bill would be a positive for the E-Rate, so ask your Senators and Congressperson to co-sponsor the legislation.

Saved by the Supremes

 Did you know the Supreme Court was deliberating on whether to declare the Universal Service Fund unconstitutional? Yup, the current funding mechanism for the E-Rate (and the other 3 USF programs) was in danger of being swept away.

Well, today we can all breathe easier. The Supreme Court ruled: "The universal-service contribution scheme does not violate the nondelegation doctrine." So things go on as usual.

See, earlier, the Fifth Circuit Court had decided that the combination of Congress’s delegation to the FCC and the FCC’s “subdelegation” to the Administrator violated the Constitution, because Congress had delegated too much power to the FCC, violating the non-delegation doctrine. Fortunately, the Supreme Court did not agree.

So if you need a reason to celebrate this Friday afternoon, there you go.