Two key Republican lawmakers are opposing a Federal Communications Commission proposal that would expand the E-rate program to allow it to pay for Wi-Fi on school buses and mobile hotspots that schools can loan out to students.
U.S. Sen. Ted Cruz of Texas and U.S. Rep. Cathy McMorris Rodgers of Washington state sent on July 31 asking her to 鈥渞escind this unlawful plan to vastly expand the E-Rate program.鈥�
The letter鈥攆rom the top Republicans who sit on the congressional committees that oversee the FCC鈥攃ame more than a month after Rosenworcel unveiled her 鈥淟earn Without Limits鈥� initiative during a speech at the American Library Association鈥檚 annual conference in late June.
The proposed changes, if adopted by the full commission, would allow E-rate funding to be used for Wi-Fi on school buses and for Wi-Fi hotspot devices that schools and libraries can loan out to students and patrons. E-rate, established in 1996, has helped schools and libraries connect to the internet at discounted rates but hasn鈥檛 been used for home connectivity.
Though students are back to attending school in person, they still need reliable home internet to fully participate in their education. But the number of schools that say they are providing students with home internet access has dropped dramatically since September 2021, according to data from the National Center for Education Statistics.
鈥淎t the FCC, we want to make sure that everyone, everywhere has access to high-speed internet service. But we know millions of people in this country are on the wrong side of the digital divide,鈥� Rosenworcel said in a June 26 press release about the initiative. 鈥淭hat鈥檚 why it鈥檚 time for the FCC to update its E-rate program to reflect these realities to better support libraries and the students and communities they serve.鈥�
The opposition from top Republicans in Congress, however, likely complicates the path to adoption for Rosenworcel鈥檚 initiative.
Cruz and Rodgers鈥� letter 鈥渁dds a partisanship that makes it difficult to move things ahead fast,鈥� said Keith Krueger, the CEO of the Consortium for School Networking, which represents school technology leaders.
That鈥檚 because it could mean that the two Republican FCC commissioners will oppose the proposal as well, he said. The five-member FCC is currently evenly split between Republican and Democratic commissioners, with one vacancy.
鈥淲e certainly think it鈥檚 important that we get quick action,鈥� Krueger said. 鈥淚t鈥檚 unfortunate that some members of Congress aren鈥檛 seeing the value in doing this.鈥�
Cruz and Rodgers say the proposal would lead to 鈥榳asteful鈥� spending
Cruz and Rodgers wrote in their letter that Rosenworcel鈥檚 proposal to use E-rate funding for Wi-Fi hotspots for schools and libraries to loan out is beyond the commission鈥檚 authority and would 鈥渄uplicate programs across the federal government鈥� and open the door to 鈥渨asteful鈥� spending.
The FCC鈥檚 E-rate authority is 鈥渆xplicitly confined to classrooms and libraries,鈥� Cruz and Rodgers wrote, so the program shouldn鈥檛 be used off campus. They also wrote that E-rate should only be used to fund 鈥渟ervices,鈥� not 鈥渃onsumer devices.鈥�
The Republican lawmakers argued that other federal programs are already doing what Rosenworcel is proposing. They cited the , a long-term FCC program that provides discounts toward internet service for eligible households, and the program, which provides funding for planning, infrastructure deployment, and adoption programs to expand high-speed internet access.
Funding for Wi-Fi on school buses is already covered under the Emergency Connectivity Fund, a temporary program that Congress created as part of COVID-19 relief measures. But that program will sunset on June 20, 2024.
In to the lawmakers鈥� letter, Rosenworcel said she鈥檚 鈥渇ully committed to protecting the integrity of the E-Rate program, including taking steps necessary to prevent duplicative funding for the same Wi-Fi hotspots and services across other funding programs.鈥�
Rosenworcel argued that the FCC does have the legal authority to modernize the E-rate program to include Wi-Fi on school buses and Wi-Fi hotspots to meet the 鈥渃hanging technological needs鈥� of 鈥渢oday鈥檚 educational environment, where learning often occurs outside of brick and mortar school buildings.鈥�
She added that the proposal would be funded within the program鈥檚 current spending cap.
Education groups say 鈥榯here鈥檚 a need for it鈥�
Krueger, of the Consortium for School Networking, said that 鈥渉aving that flexibility to use the E-rate for things like Wi-Fi hotspots and Wi-Fi on school buses could really make a really big difference, especially in rural or in high poverty areas.鈥�
According to report, only 9 percent of K-12 technology leaders said all their students have broadband access at home, even though a majority of students access their schools鈥� networks from outside of the school building, Krueger said.
Since the pandemic, and especially during remote learning, many school districts have provided hotspots to increase students鈥� broadband access outside of school, according to Kajeet, a company that provides wireless internet connectivity and management tools. Other districts also provided Wi-Fi on school buses that were set up as connectivity hubs during pandemic school closures.
Students aren鈥檛 always going from school to home, said Amy Worst, a senior marketing manager for Kajeet. 鈥淭hey might be student athletes. They might work a job after school. They might go to grandma鈥檚 house some days,鈥� so giving them hotspots 鈥渁llows them to be connected no matter where they are.鈥�
But there鈥檚 been a decline in the number of districts giving out hotspots, mostly because districts 鈥渃an鈥檛 find the funding. It wasn鈥檛 because they didn鈥檛 see the need鈥� for those approaches, Worst said.
鈥淭here鈥檚 no question that there鈥檚 a need for it,鈥� Worst said. Many districts invested money and other resources in helping students connect outside the classroom, and 鈥渢hey need more funding to sustain and grow those programs.鈥�
What鈥檚 next?
The last part of Rosenworcel鈥檚 鈥淟earn Without Limits鈥� proposal is a grant program that school districts could apply for to protect against cyberattacks. Cruz and Rodgers鈥� letter didn鈥檛 mention opposition to that part, which 鈥渉opefully鈥� means the FCC 鈥渃an move forward on鈥� that piece, Krueger said.
The FCC will have to vote on each of Rosenworcel鈥檚 proposals, but experts say she will likely wait until she has a Democratic majority.
The Senate Commerce Committee in July voted to approve President Joe Biden鈥檚 nominee for the fifth commissioner seat鈥擜nna Gomez鈥攂ut the full Senate still has to vote on her nomination. Cruz has said he will vote against confirming her.
Gomez is Biden鈥檚 second nominee for the seat, after his previous choice, Gigi Sohn, following a 16-month battle.
If approved by the full commission, the proposal will have to go through a formal rulemaking and public comment period before it鈥檚 enacted.
