FCC Seeks Comment on Funding Wi-Fi Hot Spots Over Republican Dissents

An FCC NPRM released Thursday proposes allowing schools and libraries to apply for funding from the E-rate program for Wi-Fi hot spots and wireless internet access services that can be used off-premises. FCC Republican Commissioners Brendan Carr and Nathan Simington dissented, as they did last month on a declaratory ruling clarifying that the use of Wi-Fi on school buses is an educational purpose eligible for E-rate funding (see 2310190056).

“We tentatively conclude, consistent with the recent Wi-Fi on School Buses Declaratory Ruling and the Commission's past determinations regarding the off-campus use of certain E-Rate services, that the Commission has authority under section 254 of the Communications Act to permit eligible schools and libraries to receive E-Rate support for Wi-Fi hotspots and wireless Internet services that may be used off-premises,” said the NPRM in Thursday’s Daily Digest: “We seek comment on our tentative conclusion and the scope of the Commission’s relevant legal authority.”

The NPRM noted some 6,800 schools, libraries and consortiums of those institutions were able to purchased Wi-Fi hot spots and associated services under the Emergency Connectivity Fund. “In this NPRM, we seek to continue supporting ECF-funded broadband connectivity and propose to allow E-Rate support to fund the off-premises use of Wi-Fi hotspots and services to ensure that the students, school staff, and library patrons who lack broadband connectivity remain supported after the ECF program sunsets,” said the NPRM in docket 21-31.

The proposed E-rate expansion “is even more lawless and wasteful than the last,” Simington said. “Just a few weeks ago, we were told that school buses are actually classrooms. Today, we are asked to believe that when Congress says schools, classrooms, and libraries, it actually means private homes, offices, amusement parks, and, really, anywhere and everywhere a mobile hotspot could be used.” The FCC is “on track to expand the USF program into an entirely new funding area without addressing some of the fundamental contributions, disbursement, and oversight concerns that I and others have been raising for years now,” Carr said. “We cannot continue to spend other peoples’ money in this way without a real conversation at this agency about reform.”

During the COVID-19 pandemic “many schools and libraries found ways to build on their efforts to support internet access by loaning out Wi-Fi hotspots,” said Chairwoman Jessica Rosenworcel. “Here we seek to build on that learning from the pandemic and modernize the E-Rate program.” Commissioner Geoffrey Starks also supported the move. Commissioner Anna Gomez voted yes but didn’t release a statement.

The NPRM cites advocacy and a petition by the Schools, Health & Libraries Broadband Coalition. SHLB “is very pleased with the FCC’s proposal, as it would allow the many students and individuals lacking adequate internet access at home to continue to engage in remote learning,” Policy Counsel Kristen Corra emailed Thursday. “We agree with the statements of Chairwoman Rosenworcel and Commissioner Starks that the FCC should use every tool available to solve the digital divide," she said. Initial comments are due 30 days after Federal Register publication, replies 45 days.

Senate Appropriations Financial Services Subcommittee Chairman Chris Van Hollen of Maryland and two other Democratic lawmakers hailed the FCC’s finalized declaratory ruling. The FCC’s ruling “is a critical step to ensure millions of students and educators do not lose access to high-speed internet at home, as well as an important recognition that education extends beyond the classroom,” said Van Hollen, Senate Commerce Committee member Ed Markey of Massachusetts and Rep. Grace Meng of New York. “This action could not have come at a more important time for our students” given ECF's upcoming potential loss of funding. “Millions of students could lose access to broadband internet, deepening educational inequalities and reversing our critical progress in closing the homework gap," the Democrats said: “While we work in Congress to expand upon the incredible success of the ECF program, we are pleased that the FCC is stepping up to support students and their families.”