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Law360 (April 8, 2020, 5:57 PM EDT) -- The Federal Communications Commission came under more pressure Wednesday to apply most of the funding in its schools and libraries subsidy program to at-home devices and connections that students can use to get online.
With schools around the country shuttered due to the coronavirus pandemic, New America's Open Technology Institute in a letter urged the agency Wednesday to dedicate the remaining E-Rate budget to easing the transition to online learning. The E-Rate program subsidizes internet connections for schools and libraries through providers that competitively bid on the projects.
"The commission can designate a substantial portion of the $2.2 billion in currently available E-Rate funding for this purpose and waive restrictions on the use of E-Rate funded facilities to extend school or library connectivity to students off campus for educational purposes," the group said in a letter addressed to all five FCC commissioners.
Experts estimate that at least 7 million school-age children lack reliable internet access and need a mobile connection to complete coursework; 18 million households are said to lack any kind of broadband connection, including mobile internet. Under current FCC rules, E-Rate generally subsidizes on-campus connections, so the agency would have to lift restrictions or receive a congressional mandate to allow schools and libraries to purchase take-home devices or other types of home internet connections with federal funds.
But OTI argues that the FCC does not need special permission to tweak the E-Rate program. Congress has already recognized that the FCC must be able to respond to changing educational needs through its subsidy program and that schools might occasionally require access to "special services" that aren't ordinarily covered under the program, according to the letter.
"The FCC has the legal authority to immediately designate $2.2 billion in available E-Rate funding to help local schools mitigate this crisis," said Michael Calabrese, a wireless program director with OTI. "There is no reason to wait for Congress."
Democratic FCC Commissioner Jessica Rosenworcel said she supports expanding the E-Rate program's scope as well. In a Wednesday webinar hosted by the Brookings Institution, she said the underpinning purpose of E-Rate is "to support the classroom," which takes on a new meaning during a global pandemic.
"That classroom is no longer the school building. It's the kitchen table, the home. We can do that by supporting broadband at home, or allowing schools to use E-Rate funding to loan out hot spots," she said. "Let's use the E-Rate program to solve the homework gap."
Wednesday's statements add to growing momentum for an educational broadband fix tailored to the coronavirus crisis. Last week, a coalition of Democratic senators expressed disappointment that the $2 trillion coronavirus rescue package failed to include direct funding for distance learning, and demanded that the next bill allocate additional funds for educational broadband.
--Editing by Alanna Weissman.
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