School Bus E-rate Order Clarifies FCC Authority to Make Change

A declaratory ruling clarifying that the use of Wi-Fi on school buses is an educational purpose and eligible for E-rate funding, posted in Thursday’s Daily Digest, addresses objections by Commissioner Nathan Simington that the ruling was an “unlawful course of action.” Simington and Commissioner Brendan Carr dissented on the ruling, approved 3-2 last week (see 2310190056|). The commission added additional text clarifying its authority to make the change. “Accordingly, section 254(h)(1)(B) of the Communications Act authorizes the Commission to support the provision of communications services, including broadband, to schools and libraries for educational purposes, and this Declaratory Ruling fits squarely within that authority,” the final order says. The final version further clarifies commission authority in a new footnote. “Section 254(h)(1)(B) does not contain any reference to ‘classrooms,’ and thus the dissenters’ concerns that section 254(h)(2)(A) is limited to ‘access to advanced . . . services for . . . classrooms,’ are inapposite,” the footnote says: “Nevertheless, we also note that Congress declined to define ‘classrooms’ for this purpose, and recent history has shown that in today’s world, teaching and learning often occur outside of brick and mortar school buildings and thus ‘classroom’ may be interpreted more broadly.” The commission found that “the use of Wi-Fi on school buses to aid the many students who lack robust internet access at home similarly enhances eligible schools’ and libraries’ access to advanced telecommunications and information services.” The ruling includes written statements by the five commissioners.