1/26 FCC Petition Urging Expansion of E-Rate to Provide Broadband Needed for Remote Learning for Students Without Access

New America's Open Technology Institute filed a petition alongside several allies led by the Schools, Health & Libraries Broadband (SHLB) Coalition urging the Federal Communications Commission ("FCC") to issue an emergency ruling to dedicate E-Rate funding for schools and libraries to extend broadband service to students who lack access to these services required for remote learning at home. Other organizations signed onto the petition include the the Consortium for School Networking (CoSN), the American Library Association, the National Schools Boards Association, the State Educational Technology Directors Association, the State E-rate Coordinators’ Alliance, the Urban Libraries Council, and Wisconsin Department of Public Instruction. The coalition argued that the FCC has the legal authority to make this immediate availability of funds for schools and libraries to address the homework gap, and further urged the FCC to relax the E-Rate rules to provide educational institutions more flexibility to provide their local communities with the solutions they deem most cost-effective and efficient given their circumstances. OTI and New America's Education Policy Program also published a press release announcing the petition. Available below is an executive summary of the petition:

Pursuant to section 1.2 of the Commission’s rules, the Schools, Health & Libraries Broadband Coalition (SHLB) and the other above-named education advocates (collectively, the Petitioners) respectfully request an expedited declaratory ruling to allow temporary “off-campus” use of E-rate-funded services. The declaratory ruling and subsequent actions requested in this Petition would help schools connect students to the Internet and enable remote learning for the duration of the COVID-19 pandemic.

Every American family with school-age children has faced challenges over the past year, as the COVID-19 pandemic has caused an unprecedented shift to online learning. But the burden is greatest for the estimated 15 to 17 million students that cannot afford or access a home Internet connection. Before the pandemic, these families’ lack of a broadband connection hindered their children’s ability to do homework; with many schools still operating remotely full- or part-time during the pandemic, it forecloses their ability to participate in online instruction or, in some cases, to do any schoolwork at all.

In one of his first Executive Orders, President Biden stated: “The Federal Communications Commission is encouraged, consistent with applicable law, to increase connectivity options for students lacking reliable home broadband, so that they can continue to learn if their schools are operating remotely.”2 Consistent with this directive, the Commission can dramatically improve circumstances for these underserved students, and for schools all over the country that are struggling to educate all of their students, by taking the temporary, limited measures requested in this Petition. As shown below, these actions are well within the Commission’s authority, and in fact all of the actions requested in this Petition could be taken by the Wireline Competition Bureau on delegated authority.

• As noted above, the Petitioners ask that the Commission issue a declaratory ruling to clarify that, for the duration of the pandemic, the off-campus use of E-rate-supported services to enable remote learning constitutes an “educational purpose” and is therefore allowed under program rules.
• The declaratory ruling will allow schools and libraries to extend E-rate-funded broadband networks and services outside of a school or library location during Funding Years 2020 and 2021, without losing E-rate funds they are otherwise eligible to receive. Importantly, this requested action would not require the collection of any additional Universal Service funds.
• Given the severity of our current national emergency, the Petitioners ask that the Bureau release hundreds of millions of dollars—currently not designated for use but held in the E-rate program—to support remote learning. There is little justification for keeping E-rate funds in reserve when the country is facing such an enormous educational crisis.
• The Commission should use the program’s existing discount methodologies, which take into account socioeconomic status and rural location, in calculating the amount of funding that applicants may receive. Applicants will have the incentive to make cost-effective purchases because they will have to pay a share of the total cost of services.
• To facilitate the distribution of additional funding, Petitioners ask that the Commission direct the Universal Service Administrative Company (USAC) to establish a “remote learning application window” as soon as practicable for the specific purpose of allowing applicants to submit initial or revised requests for Erate funding for off-campus services used for educational purposes during Funding Years 2020 and 2021.
• The Petitioners ask the Commission to waive all rules necessary to effectuate these actions for remote learning funding applications, including the competitive bidding, eligible services, and application rules, pursuant to section 1.3 of the Commission’s rules.
• The Petitioners respectfully request expedited review of this petition, so that schools and libraries may take action to deploy solutions as soon as possible.