Several judges on the U.S. Court of Appeals for the Fifth Circuit seemed receptive to arguments that a Federal Communications Commission-managed program to fund telecom services for low-income individuals is unconstitutional.

The New Orleans-based appeals court reheard en banc a lawsuit brought by the conservative group Consumers’ Research targeting the FCC’s Universal Service Fund, which collects periodic contributions from carriers to cover the cost of developing broadband in underserved areas usually through a charge in consumers’ monthly bills.

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