FCC v. Consumers' Research

The Court found that although USAC—a private entity—sets the contribution rates for the Universal Service Fund, the FCC retained sufficient oversight and control to satisfy the traditional non-delegation doctrine's requirement for meaningful congressional guidance. Specifically, the FCC establishes the Fund's target and exercises veto authority over USAC's rate methodology, preventing USAC from exercising truly independent rate-setting power. The majority rejected the Fifth Circuit's invocation of a stricter private non-delegation doctrine, finding no constitutional basis to impose heightened delegation limits merely because the delegate is a private rather than governmental actor, particularly where statutory limits and agency oversight provide adequate guardrails. This approach preserves the FCC's practical delegation to USAC while anchoring it to demonstrable agency control rather than reviving formalistic limits on private-sector delegations.