By Kelcee Griffis

Law360 (May 10, 2021, 9:54 PM EDT) -- The Federal Communications Commission inked rules on Monday that will allow schools and libraries to tap into $7.17 billion in funds designated by Congress to help students get and stay online during the coronavirus pandemic, just meeting a statutory deadline for the agency to launch the program by the end of the day. 

According to the agency, the Emergency Connectivity Fund will reimburse schools and libraries for "laptop and tablet computers, Wi-Fi hotspots, and broadband connectivity for students, school staff, and library patrons in need during the COVID-19 pandemic."

"Far too often, students, teachers, and library patrons lack the access they need to broadband and connected devices. This need has become even more apparent during these unprecedented times," acting agency head Jessica Rosenworcel said in a statement.

Democratic FCC Commissioner Geoffrey Starks said his fellow commissioners agreed to add language that allows the agency to collect information through the program, which will inform regulators about how many students still lack access to the internet. Starks noted that many schools began tracking how many students needed a way to access the internet last year when they switched to at-home learning, and that the FCC will now be able to capture some of that data.

"More than a year into the pandemic, many of those schools have refined their data-gathering techniques to get an even clearer picture of which students are still in need of devices and connectivity," he said. "By adding a few basic questions to the Emergency Connectivity Fund application, the Commission will gain insight about where the Homework Gap is and how wide the gap is."

Rosenworcel told reporters during a Tuesday call that institutions will be reimbursed for broadband-related expenses in two tranches. Schools and libraries can apply for funding to cover prospective connectivity programs first, and any remaining money will then go toward helping the institutions cover expenses they've already incurred during the pandemic. According to Rosenworcel, the agency plans to begin taking funding applications next month, and the application window will remain open for 45 days. 

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.

The wireless industry had 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 that 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.

Update: This story has been updated with additional program details from the FCC.

--Editing by Regan Estes.

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