Boyden Gray PLLC has recently challenged the legality of the Universal Service Fund on behalf of Consumers’ Research, filing comments with the FCC and subsequent lawsuits in the Fifth, Sixth, and Eleventh Circuits.

Additionally, the firm represented TechFreedom and several internet entrepreneurs to challenge the FCC’s “net neutrality” regulation of broadband internet providers as common carriers under the Communications Act of 1934. Although the D.C. Circuit sitting en banc voted to uphold the FCC’s Open Internet Order, two dissenting judges adopted the firm’s argument that the order exceeds the FCC’s power because regulation of internet-service providers as common carriers is a “major question” about which Congress must speak clearly before the FCC may act. The FCC ultimately repealed the regulation. The firm has also represented parties challenging the FCC’s allocation of electromagnetic spectrum.