2/16 FCC Comments Urging E-Rate Expansion to Address Homework Gap During Pandemic

New America's Open Technology Institute wrote and filed comments with New America's Education Policy Program, Public Knowledge, Consumer Reports, the Benton Institute for Broadband & Society, and Access Humboldt (together Public Interest Organizations, or PIOs) urging the Federal Communications Commission (FCC) to issue emergency permission to schools and libraries to use E-Rate support to extend broadband connectivity to students who lack access at home to facilitate remote learning during the COVID-19 pandemic. This comes after the FCC issued a Public Notice seeking comment on several petitions requesting emergency assistance—New America’s Open Technology Institute and Education Policy Program joined allies in filing one of these petition with the FCC to issue an emergency ruling freeing up additional E-Rate funding and flexibility for schools and libraries to bridge the remote learning divide throughout the remainder of the pandemic crisis. The Public Interest Organizations also filed a 2020 report New America's Open Technology Institute published detailing the impact of the digital divide on learning and the numerous locally-driven innovative solutions developed by schools and libraries so far. Available below is an introduction and summary of the PIO comments to the FCC:

The Public Interest Organizations (“PIOs”) submit these comments in support of the petitions for an expedited declaratory ruling to clarify that off-campus use of E-rate-supported services to enable remote learning constitutes an “educational purpose” and is therefore allowed under program rules. The PIOs also strongly support the request in the petition filed by the Schools, Health, Libraries Broadband (SHLB) Coalition, OTI and other nonprofit groups (“SHLB et al. Petition”) 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,” and also establish a “remote learning application window” as soon as practicable for the specific purpose of allowing applicants to submit initial or revised requests for E-rate funding dedicated to off-campus services used for educational purposes during Funding Years 2020 and 2021.

As our nation enters its twelfth month of the COVID-19 pandemic, most schools remain closed or opened on a limited basis, utilizing distance learning as a primary means of educational instruction. Modern-day education requires broadband access at home—a necessity which has been exacerbated by school closures that have moved all of education to an online format. The necessity of adequate broadband connectivity at home or wherever students and their teacher are engaging in remote learning remains as vital today as it did last spring. The petitioners seek emergency funding as well as relief from any restrictions on the use of E-Rate-funded services or facilities to support remote learning during this unprecedented public health emergency crisis. The petitions make a compelling case that the Commission must take action now to provide the added funding and flexibility schools need to address the challenges they continue to face— thereby ensuring the connectivity needed to mitigate the harmful impacts on educational opportunities created by the pandemic. The PIOs believe that granting all of the relief requested in the SHLB et al. Petition in particular will help meet that challenge.

The PIOs emphasize in the comments below that it is crucial that the Commission provide schools and libraries with maximum flexibility to acquire the services and networking equipment they determine will best address the unique local circumstances, challenges, and opportunities they face. In addition, and consistent with past precedent, the Wireline Competition Bureau (“Bureau”) should waive any cost allocation rules with respect to remote learning to minimize the financial and administrative burden of extending access to the school’s network for educational purposes to students, staff and patrons at home or other locations. The legal authority of the Commission and of the Bureau, on delegated authority, to take the steps called for in the petitions is well-established.