En Banc Related Topics 
Telefrieden
JULY 25, 2024
The 5 th Circuit En Banc decision reeks of partisan, doctrinal overreach. Now that universal surface funding has substantially increased to support broadband access, the right-wing rails against so-called Obama Phones and unconstitutional taxation.
Broadband Breakfast
DECEMBER 27, 2024
Court of Appeals for the Fifth Circuit declared, in a 9 to 7 en banc decision, that the USF’s funding mechanism unconstitutional in a potentially consequential case brought by Consumers’ Research. In July , the U.S.
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Broadband Breakfast
MARCH 11, 2025
Court of Appeals for the Sixth Circuit denied public interest groups’ petition for rehearing en banc Tuesday, leaving in place its earlier decision that struck down the Federal Communications Commission’s Title II net neutrality rules “The petition was circulated to the full court.
Broadband Breakfast
NOVEMBER 26, 2024
“Adding the question thus suggests that at least some justices are looking for a way, on their own, to wipe away the en banc Fifth Circuit’s ruling without even reaching” the legal question at the heart of the case, he wrote. That’s the percentage of interstate voice revenue telecoms pay into the fund.
Broadband Breakfast
MARCH 21, 2025
The coalition and its allies prevailed in the Sixth and Eleventh Circuits, but lost in the Fifth Circuit’s en banc ruling, creating the circuit split that prompted the Supreme Court to take up the case.
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