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Law360 (April 30, 2021, 7:20 PM EDT) -- The acting head of the Federal Communications Commission on Friday proposed to exclude cellphones and new network construction from a $7 billion program meant to help students get and stay online as the coronavirus pandemic drags on, planning to limit purchases to laptops, tablets and Wi-Fi hot spots.
Acting Chairwoman Jessica Rosenworcel said she released specific rules before soliciting public comment to help meet a congressionally imposed deadline of May 10. The public has until May 5 to weigh in before the plan receives final approval from the full commission.
"During the pandemic, our classrooms went virtual and what was already an unconscionable homework gap has become a learning chasm with even more devastating consequences," Rosenworcel said in a statement. "Millions of students are still engaged in remote learning, and there is no time to lose. Congress has entrusted the commission with the vital task of providing relief to our students, teachers, school staff, and library patrons — and has mandated that we do so quickly."
The sweeping $1.9 trillion pandemic relief package, which President Joe Biden signed into law in mid-March, included aid ranging from stimulus checks and unemployment insurance to union pensions and internet access. Part of the package carved out more than $7 billion to support students, teachers and schools through an expansion of the FCC's E-Rate educational subsidy program.
According to the bill's language, schools and libraries will be eligible for 100% reimbursement of costs associated with providing "eligible equipment or advanced telecommunications and information services" such as Wi-Fi hot spots, routers, laptops and tablets to students and patrons who have been forced off campus.
The wireless industry previously lobbied the FCC to include mobile phones on the list of connected devices eligible for reimbursement, but the agency declined to do so, saying that smartphones don't offer "the full functionality students, school staff, and library patrons need to perform necessary remote learning activities."
The FCC also shot down pleas from some smaller service providers and public interest groups that argued the funds could be put toward building new fiber or fixed wireless networks. Given the "emergency" implication behind the funding, the FCC said schools and libraries can only be reimbursed for the use of existing broadband services "unless there is no service available to purchase in an area."
Schools and libraries can, however, use the money to prop up innovative solutions to bring broadband closer to the people who need it, such as by installing Wi-Fi hot spots in parked buses or bookmobiles and letting patrons in the vicinity log on.
Under the FCC's proposed rules, the money will first be disbursed to school districts and libraries to cover the costs of internet services and connected devices they've already purchased during the pandemic. If any funding remains after fulfilling this first tranche of reimbursement requests, the FCC said schools and libraries can apply for additional funds to cover future broadband-related expenses.
--Editing by Bruce Goldman.
Update: This story has been updated with a copy of the FCC's proposal.
For a reprint of this article, please contact reprints@law360.com.
