Sarah Forland
Policy Analyst, Open Technology Institute, New America
The Universal Service Fund—a U.S. program that funds critical programs that keep schools, libraries, rural health care clinics, rural communities, and low income households connected to the internet—has recently been declared unconstitutional by the Fifth Circuit Court of Appeals. The following explainer breaks down what this program is and how it works to help close the digital divide in the United States.
Read our brief to learn more about how to remove roadblocks to universal service through lessons learned from the Affordable Connectivity Program and Lifeline Programs.
Universal service is the principle that all Americans should have access to advanced communications services at just, reasonable, and affordable rates. It is grounded in the recognition that access to communications networks is essential to participate fully in society and the economy.
The United States has pursued universal service as a policy for nearly a century, establishing the Federal Communications Commission (FCC) in 1934, in part, to achieve that goal. Congress expanded and further codified that objective in the Telecommunications Act of 1996. Universal service programs have evolved with technology, shifting focus from wireline telephone service to mobile phone and broadband connectivity in the 21st century.
For most of the 20th century, universal service was achieved through an implicit cross-subsidy system, with companies expected to offer low-cost basic phone service to residential customers and make up the difference by charging higher rates for businesses and long distance service customers. However, the break-up of AT&T’s monopoly in the early 1980s and deregulation of the telecom industry rendered this system unsustainable.
In its place, the FCC and the telecom industry moved toward an explicit subsidy system, where the competing telephone networks that succeeded the AT&T monopoly paid fees through a Universal Service Fund to support low-cost phone service in high-cost-to-serve areas. In parallel the FCC established Lifeline and Link Up, which are connectivity support programs for low-income households. In 1996, Congress directed the FCC to expand its universal service policies to include schools, libraries, and rural health care providers.
Today the USF disburses approximately $8-to-9 billion each year to support programs and initiatives under its four main program areas (listed with their respective 2023 disbursement amounts):
The USF is administered by the Universal Service Administrative Company (USAC)—an independent, not-for-profit corporation—under the direction of the FCC. The FCC releases annual monitoring reports that track contributions and disbursements.
The Fifth Circuit Court of Appeals has recently ruled that the current method of funding the USF is an unconstitutional delegation of the Congressional power to tax—casting a shadow of doubt over the program’s continued operation. This ruling took place despite three other Circuits previously determining that USF and its administration by USAC are constitutional and the Supreme Court declining to review those determinations. This split will likely need to be resolved by the Supreme Court, and future Congressional or FCC action may be required to preserve or reconstitute the USF.
The USF is funded by mandatory contributions from telecommunications providers (phone companies, mobile carriers, paging service companies, etc.). Each provider’s obligation to the fund is determined by a formula that centers interstate and international telephone revenue, which is a subset of their overall telecommunications revenue. However, this has represented an increasingly smaller fraction of their total revenue in recent years. As a result, this system has led to a growing difference between what the USF funds today (broadband connectivity) and how it’s paid for (from a subset of phone service revenue).
Approximately 82 percent of USF contributors pass on these costs to their customers, typically in the form of ‘USF Recovery’ fees on their bills.
The COVID-19 pandemic accelerated the country’s reliance on broadband to access work, education, healthcare, and government services, highlighting the importance of affordable, reliable high-speed internet as a universal service. One-time measures in response to the pandemic, which aimed to help get and keep Americans connected, demonstrate what a robust and impactful universal service program could accomplish:
Recent USF reform efforts have focused on modernizing and expanding on the benefits of those programs. For example, the FCC authorized E-Rate funds for installing Wi-Fi connections on school buses and lending Wi-Fi hotspot devices to low-income students and library patrons lacking connectivity. At the same time a bipartisan and bicameral congressional Working Group is interested in making the ACP permanent and altering the USF revenue base to better reflect the modern communications industry. The right set of reforms will enable the USF to play a key role in achieving true universal service in the United States.