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Law360 (February 17, 2021, 5:45 PM EST) -- FCC commissioners appeared divided on Wednesday over how $3.2 billion in connectivity funding should be distributed to Americans hit hard by the coronavirus pandemic — either by evenly prioritizing the funding to affected groups or targeting the money specifically to students.
Republican FCC Commissioners Brendan Carr and Nathan Simington suggested that the wording of Congress' funding mandate should be construed to primarily serve distance-learning needs, while acting Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks, both Democrats, said that many Americans are equally in need of aid.
The divide stems from the FCC's mandate to provide the Emergency Broadband Benefit, which lawmakers approved in December. The program will subsidize $50 to $75 of monthly internet service costs for eligible households and can additionally cover some costs of equipment, such as laptops and tablets. The eligibility categories include households that already receive federal Pell Grant student aid, free or reduced school lunches, Medicaid and unemployment benefits.
According to Carr, it's clear that Congress intended for the FCC to prioritize students who are struggling to attend school remotely, given the mentions of educational criteria such as Pell Grant and free school lunch recipients.
"I do believe when you read through the public notice we issued, which draws on language in the statute itself, it's clear to me that there's an emphasis in there for connecting students," Carr told reporters on a Wednesday afternoon call.
However, Rosenworcel pointed out that Congress also singled out households that are impoverished or have experienced a substantial loss of income as intended targets for emergency broadband assistance.
"What's important to note is Congress suggested all of those categories are equally eligible," she said during a press phone call. "That's what the law suggests, and we intend to follow the law."
Starks similarly noted that he sees "interconnectedness" as a theme in the program and indicated that it should serve underprivileged households with and without schoolchildren.
"If successful, the Emergency Broadband Benefit will reach more households of color than any prior FCC effort to close the digital divide," he said.
As FCC staffers are still drawing up the framework for the program, which will then go to the full commission for a vote, Carr acknowledged that time remains to collaborate on the eligibility criteria.
"It's too early to say whether we're all on the same page or a different page," he said.
Correction: An earlier version of this story incorrectly stated the day of the FCC action. The error has been fixed.
--Editing by Steven Edelstone.
For a reprint of this article, please contact reprints@law360.com.
