The Federal Communications Commission (FCC) is set to vote June 25 on whether to open a broad review of the E-Rate program. A review could reshape how schools and libraries use the federal connectivity program and how they document online safety, educational use, and program compliance.
FCC Chairman Brendan Carr launched the proceeding on June 3, and the agency released a draft Notice of Proposed Rulemaking (NPRM) and Further Notice of Proposed Rulemaking the next day. If adopted, the proposal would seek public comment on whether the E-Rate program should be narrowed or reoriented, whether E-Rate-funded networks are being used for educational purposes, and whether existing Children’s Internet Protection Act (CIPA) requirements sufficiently protect children online, according to the FCC’s press release.
The proposal is “aimed at empowering parents and ensuring that our E-Rate program produces the great educational outcomes stakeholders have intended,” Carr said in a statement.
The E-Rate program, administered by the nonprofit Universal Service Administrative Company, helps eligible schools, libraries, and consortia obtain discounted telecommunications, internet access, and internal connections services. The program has supported school and library connectivity for nearly three decades.
The draft NPRM asks whether E-Rate should continue in its current form given expanded school and library broadband connectivity and whether the program’s eligible services remain aligned with Congress’ original objectives. It also seeks comment on children’s screen time, parental opt-out rights for screen-based instruction, filtering requirements, internet safety policies, and whether CIPA should apply to devices that access E-Rate-funded networks but are not owned or controlled by schools or libraries.
A public listening session convened by the National Telecommunications and Information Administration (NTIA) to explore the drivers and consequences of excessive screen use in schools helped inform the development of the FCC proposal, said Arielle Roth, assistant secretary of commerce for communications and information and NTIA administrator.
The proposal has drawn concern from education groups and lawmakers who say E-Rate remains central to K-12 connectivity, particularly for rural and low-income communities.
“E-Rate is a cornerstone of our nation’s commitment to closing the digital divide,” Sen. Ed Markey, D-Mass., said in a June 4 statement. “I am worried that this FCC review of the program will result in new obstacles to connecting kids to the internet in schools and libraries across the country. Although I share concerns about social media’s impact on our young people, it is important to remember that all screen time is not the same, and E-Rate already includes strong safeguards to protect students online.”
Markey is the House author of the original E-Rate program. His office said the program has invested more than $69 billion to connect schools and libraries to the internet across the country.
CoSN – the Consortium for School Networking – said E-Rate has helped ensure that students and educators have the connectivity they need for teaching, learning, assessment, communication, and school operations.
“Because districts vary widely in resources and student needs, decisions about device rules, screen-time expectations, and instructional technology are best made locally, not through one-size-fits-all mandates that could harm students, especially those in rural or low-income communities, and create unnecessary administrative burdens for schools,” the association said in a statement.
Telecommunications attorneys indicated a review of the E-Rate program could carry compliance implications for schools, libraries, service providers, consultants, and education technology vendors. CommLaw Group, for example, said E-Rate participants may need to revisit how they document educational use, CIPA compliance, internet safety policies, parental communication, acceptable use policies, and technology governance.
The FCC said comments would be due 30 days after publication in the Federal Register, with reply comments due 60 days after publication.
