CHICAGO - As the U.S. Supreme Court reviews an important case that could impact access to internet and phone service for millions of people living in rural areas in Illinois and across the country, Attorney General Kwame Raoul joined a bipartisan effort urging the court to keep in place a fund that supports those services.

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Congress established the Universal Service Fund (USF) in 1996 to promote the infrastructure necessary to provide nationwide communications services (including internet and phone service) to rural communities, schools, and low-income users, among other populations. The resources allocated by the Federal Communications Commission (FCC) through the USF help make it financially feasible for telecommunications companies to provide affordable service in those areas, including for schools, libraries and health care providers.

In their amicus brief, Raoul and officials from other states argue that the USF has been critical to realizing the benefits envisioned by Congress and urge the Supreme Court not to find the federal law establishing it unconstitutional.

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“Access to internet and phone services are crucial for the economic security and well-being of rural communities in Illinois,” Raoul said. “Disparities in access to internet connectivity exacerbate existing gaps in educational and health outcomes along lines of geography, economic resources and race. I urge the Supreme Court to reverse the lower court’s ruling and ensure that all Americans have access to vital telecommunications resources.”

Plaintiffs in this case argue that the federal statute establishing the USF delegated too much power to the FCC to administer the fund, including by allowing the FCC to task a separate not-for-profit corporation with establishing the fees that telecommunications companies must pay into it. Courts have unanimously rejected such claims, but the U.S. Court of Appeals for the 5th Circuit ruled that the statute is unconstitutional.

Raoul and the coalition note that administration of the fund has been cost effective for program participants and has helped bring rural areas the same telephone, internet, education and health benefits available in urban areas. Illinois consumers in rural areas benefit from the High Cost program, which makes both telephone and internet service available in rural areas at reasonable rates. Illinois consumers are also assisted by Lifeline programs, which make low-cost telephone and internet services available to low-income residents, and support for rural education and health care initiatives.

Joining Raoul in filing the brief are attorneys general from Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Dakota, Vermont, Wisconsin and Wyoming.

 

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