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Law360 (February 1, 2021, 10:34 PM EST) -- The Federal Communications Commission said Monday it will weigh proposals to use E-Rate broadband funds for schools and libraries to pay for distance learning during the COVID-19 pandemic.
In a public notice, the agency sought comment on several petitions requesting permission to use the E-Rate subsidy program to support home internet for students during the pandemic.
Acting FCC Chairwoman Jessica Rosenworcel signaled the proposals would get high priority because of what has become known as the "homework gap," or the lack of access to broadband resources, particularly during the pandemic.
"We need to get to work to update E-Rate funding so all our students can be connected to virtual classrooms, no matter who they are or where they live," she said in a statement. "Kids shouldn't have to do homework in parking lots because that's the only place they can get online. We can do better."
"Today's action is the first step in a process to hear about the emergency relief communities are seeking and to chart a path forward for the FCC to help solve this crisis," Rosenworcel said.
The E-Rate program provides universal service fund discounts on broadband services for eligible schools and libraries, the FCC noted, adding in Monday's statement that "multiple petitions filed with the agency have sought emergency relief so schools and libraries that were shut down because of the pandemic can assist students who need to learn remotely, but who lack internet access at home."
Though Rosenworcel has emphasized the issue, progressive groups worry it could be among those that are difficult to press, since the FCC is currently split 2-2 on partisan lines. They have urged the Biden administration and Congress to quickly add a Democratic member.
Educational groups have urged the FCC to move forward on releasing E-Rate monies for students' home internet, and the agency cited their petition — led by the Schools, Health & Libraries Broadband Coalition — as one of three that encapsulate the proposals.
Monday's public notice from the FCC's Wireline Competition Bureau highlights two other petitions, including one on behalf of the state of Colorado and another by the state of Nevada, Nevada Board of Education and Nevada Department of Education.
Comments on the FCC's public notice are due Feb. 16, with replies accepted until Feb. 23.
The notice is filed under docket number 21-31 before the FCC's Wireline Competition Bureau.
--Additional reporting by Kelcee Griffis and Nadia Dreid. Editing by Ellen Johnson.
For a reprint of this article, please contact reprints@law360.com.
