Intervention Motion Would Thwart Opposition to E-rate Funding for School Bus Wi-Fi

The Schools, Health & Libraries Broadband Coalition seeks leave to intervene on the FCC’s behalf in opposing a petition asking that the 5th U.S. Circuit Court of Appeals review the commission's Oct. 25 declaratory ruling authorizing funding for Wi-Fi service and equipment on school buses under the agency's E-rate program (see 2312200040), said the coalition’s unopposed motion Friday (docket 23-60641).

The coalition promotes "open, affordable and high-quality" broadband for "anchor institutions and their communities," its motion said. Through counsel, the coalition was told that neither petitioners Maurine and Matt Molak nor the FCC object to its intervention.

The Molaks are challenging the FCC's ruling because they say it will increase E-rate program “outlays” and raise the federal universal service charge they pay as a line-item on their monthly phone bill. They also contend the ruling gives children and teenagers unsupervised social media access on school buses. This runs counter to the mission of David's Legacy Foundation, which advocates ending cyberbullying. The Molaks co-founded the foundation in memory of their son.

But the coalition argues that the ruling “effectively granted” the relief it sought in its 2021 FCC petition to promote online learning by allowing E-rate funds to be used to provide Wi-Fi service on school buses, said its motion to intervene. The Molaks’ Dec. 20 petition, if successful, “would do great harm” to the interests of the coalition and its 300 members by “inhibiting online learning,” it said. The coalition “of necessity” would be forced to spend resources to seek “other policy mechanisms” to replace funds lost by the unavailability of E-rate support, it said.

Coalition members' "experience to date" shows many positive benefits from deployment of Wi-Fi services on school buses, said the motion. They report that Wi-Fi on school buses “reduces behavioral problems, which can obviate the need” for on-bus adult monitors, said the motion. It also “reduces churn in driver employment,” it said. If the coalition is denied the opportunity to intervene, its interests “may be impaired” because the FCC “may not adequately represent” those interests, it said.