Schools Across the US Protest FCC Plan That Could Cut Children Off From the Internet

FCC Chair Threatens E-Rate Fund, Blames Schools for Children's Excessive Screen Time

FCC Chairman Threatens E-Rate Fund, Blames Schools for Kids' Too Much Screen Time

Schools and libraries across the United States have asked the Federal Communications Commission to drop the idea of ending E-Rate, a $2 billion-a-year program that connects students and library patrons to the Internet.

FCC Chairman Brendan Carr criticized school districts for "trying to dramatically increase screen time for students," saying E-Rate has expanded far beyond its original purpose of "supporting basic Internet access to schools and libraries for educational purposes." In June, Carr voted 2-1 to issue a Notice of Proposed Rulemaking (NPRM) seeking public comment on whether the E-Rate should be "capped or sunsetted to reflect today's widespread connection rates."

The work proposal could result in reduced rebates that schools and libraries receive for telecommunications services and equipment, and would place more restrictions on how E-Rate money can be used. The FCC seeking comment on the program's sunset also raises the possibility that Carr may use E-Rate entirely.

The National Association of Elementary School Principals told the FCC that it "strongly supports the continued operation of the E-Rate program and urges the Commission to reject proposals that would eliminate, limit, or impose new conditions on this essential source of connectivity assistance to schools and libraries."

Carr The FCC already reduced E-Rate last year by ending funding for schools and libraries to lend Wi-Fi hotspots and Wi-Fi service on school buses.

The FCC received comments opposing the proposal this week from state and national associations and many schools and libraries. The American Library Association told the FCC that E-Rate works as Congress intended in 1996 when it passed the Telecommunications Act that created E-Rate.

Importantly, the FCC does not have the authority to terminate the E-Rate program. The E-Rate program is mandated by Congress and the FCC is responsible for administering it.

If it goes ahead with eliminating E-Rate, it may argue that its original mission has been accomplished and therefore the FCC has the authority to end it.

"In establishing this program in 1996, Congress addressed a specific problem: limited access to advanced Internet and telecommunications services in schools and libraries," the job proposal states. Given the significant expansion of broadband access in schools and libraries over the past three decades, we seek comment on whether and to what extent the E-Rate program has accomplished this mission, and whether continued funding is consistent with Congress' original intent.

There are other questions about the FCC's authority that have been raised during the proceedings. For example, the American Library Association said, "The FCC lacks the authority and expertise to regulate showtimes or determine educational outcomes."

The group's filing notes that under US law, decisions about content inappropriate for children "must be made by the school board, local educational agency, library or other decision-making authority." The law says the US government may not set criteria for making these decisions or review decisions made by local schools and libraries.

The Texas Library Association told the FCC that E-Rate should give libraries more money to help them upgrade broadband speeds to modern standards. The group also said that public libraries in the state have implemented appropriate monitoring and filtering for Internet services they provide to library users.

"Only 35 percent of Texas public libraries currently receive E-Rate rebates, compared to 65 percent of public libraries nationwide, and only 55 percent meet the Commission's proposed broadband speed benchmarks," the group said. "A gap this large, in the nation's second most populous state, is evidence of unmet need working through real barriers — not evidence that need has been met."

The New York Library Association told the FCC: "E-Rate is essential for reliable broadband speeds and for regular network maintenance, safety, and security. Libraries cannot function without the Internet. If the FCC terminates or limits E-Rate funding, many New York libraries will be forced to cut programs and services to maintain Internet access."

The American Indian Higher Education Consortium told the FCC it should loosen E-Rate eligibility limits and provide more funding to schools. Supporting tribal colleges and universities is "one of the most cost-effective ways the federal government can strive to uphold its treaty obligations to tribal nations and tribal citizens while simultaneously serving the nation's best interests," the statement said.

The Alabama School Boards Association filing called on the FCC to "maintain and strengthen the E-Rate program and reject any proposal that would eliminate, sunset, substantially reduce, or unnecessarily limit E-Rate support for schools and libraries." Concerns about excessive screen use "should not be addressed by reducing the bandwidth infrastructure that students and teachers need for legitimate educational purposes," the group said.

Principal tells FCC her school needs E-Rate

The FCC received specific examples of how E-Rate helps local communities. "We estimate our annual Internet costs to be approximately $3,120 and our annual E-Rate support to be approximately $1,560," Paul Lapka, principal of Rock Valley Christian School in Iowa, told the US agency. "E-Rate support allows us to maintain reliable, high-speed Internet and network equipment. If support were to drop, with higher local costs, delayed network upgrades and pressure to divert funding from other school priorities."

If the FCC ends E-Rate, schools and libraries will no longer be able to purchase new equipment and broadband services, which will upset broadband providers.

The Communications Association of America, a cable industry lobby group, told the FCC: "The widespread availability of broadband connectivity and services in schools and libraries is an important achievement of E-Rate, not a reason to withdraw support for the connectivity these institutions continue to rely on." "Schools and libraries must continue to pay for broadband services, maintain and replace internal network equipment, and upgrade capacity according to their needs."

The Coalition for School, Health and Library Broadband (SHLB) called it "disappointing and surprising that the commission is asking questions in the current process that directly contradict the goals of universal service and congressional directives." As much of the country and the world races to prepare for the future that our nation's citizens and students face, the Commission is questioning whether to stop or significantly reduce the E-Rate program, the financial pillar that supports the digital communications of most schools and libraries.

FCC Democrat Anna Gomez voted against the job proposal in June, saying E-Rate would help children in low-income neighborhoods and rural communities "score in digital education like everyone else." He criticized the FCC's investigation into screen-watching, saying that "policing children's behavior in schools goes way beyond our stated mandate. The FCC is not the country's parent. It's not the country's teacher. And it's not the country's school board."

E-Rate typically distributes more than $2 billion annually. Its budget cap is $5.2 billion, but actual payments are based on demand and application approval rates. E-Rate and other Universal Service Fund (USF) programs are paid for through fees charged to phone companies, which typically pass the cost on to consumers in monthly bills.

The deadline for the first round of comments passed yesterday, and response comments may be submitted until November 12. With Republicans holding a 2-1 majority at the FCC, anything Carr proposes is likely to be approved. But the FCC's decisions are often challenged in court on the grounds that the agency overstepped its authority.

Jon is a senior IT reporter for Ars Technica. He covers the telecommunications industry, Federal Communications Commission rules, broadband consumer affairs, litigation and government regulation of the technology industry.