FCC Chairwoman Jessica Rosenworcel noted work the agency has done in recent months that addresses broadband for students following the loss of the emergency connectivity fund and affordable connectivity program in a Monday speech. Speaking to the Consortium of State School Boards Association, Rosenworcel mentioned a July FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi and an order from 2023 allowing use of E-rate to support school bus Wi-Fi, both of which have been challenged in court (see 2408300027). She also discussed a three-year, $200 million cybersecurity pilot program for schools and libraries that commissioners approved in June (see 2406060043). Republican commissioners dissented on all three items. “Every child needs internet access at home to really thrive,” Rosenworcel said: “This was not true when I was growing up. I didn’t need the internet for homework. All I needed was paper, a pencil, and my brother leaving me alone.” Rosenworcel warned that the 5th U.S. Circuit Court of Appeals' recent 9-7 en banc decision that found the USF contribution factor is a "misbegotten tax” that could undermine FCC education efforts (see 2408140055). The 5th Circuit decision “is misguided and wrong,” she said. “It reflects a lack of understanding of the statutory scheme that helped create the world’s best and most far-reaching communications network” and “that is why we are asking the Supreme Court to overturn” the decision.
With Congress back for a three-week sprint before Election Day, Competitive Carriers Association CEO Tim Donovan remains convinced lawmakers will fully fund a program that removes unsecure gear from U.S. networks. In an interview, Donovan also said he expects at least some groups will seek reconsideration of the FCC’s recent order creating a 5G Fund.
Maurine and Matthew Molak filed a petition Thursday seeking review of a July FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024), in the 5th U.S. Circuit Court of Appeals. The Molaks previously sought reconsideration of the July order, which three public interest groups and T-Mobile opposed last week (see 2408280029).
The 5th U.S. Circuit Court of Appeals granted the FCC's unopposed motion to stay its ruling in favor of Consumers' Research's USF contributions challenge pending the commission's petition for a writ of certiorari before the U.S. Supreme Court in an order Monday (docket 22-60008). The stay will expire Oct. 1, the order said. The FCC said in its motion that the Solicitor General "recently authorized the filing of a petition," adding that the decision "threatens to disrupt the operation of a multi-billion-dollar subsidy program."
CHARLESTON, S.C. -- Federal lawmakers from both parties back reforming the Universal Service Fund (USF), but whether that happens likely will depend on the November elections, speakers said Monday at NATOA’s annual local government conference. Localities will increasingly face broadband-only providers wanting right of way (ROW) access, and those cable competitors raise questions of whether they too should pay franchise fees, said localities lawyer Brian Grogan of Moss & Barnett.
Senate Commerce Committee ranking member Ted Cruz, R-Texas, latched on to a new Government Accountability Office report about the Universal Service Administrative Company’s handling of the Universal Service Fund to criticize the program’s spending and repeat his call for Congress to make USF subject to the federal appropriations process (see 2403060090). Democratic FCC Commissioner Anna Gomez, meanwhile, told us earlier this month that Congress must prioritize a legislative fix for the USF contribution mechanism after the 5th U.S. Circuit Court of Appeals' recent ruling that the current funding factor is unconstitutional (see 2407240043).
ASPEN -- Funding the Universal Service Fund (USF) through general appropriations might make sense on paper, but speaking practically it might not be a feasible goal for Congress, Democratic and Republican staffers said Tuesday.
ASPEN -- Finding a way to restore the affordable connectivity program (ACP) is a high priority for the end of 2024 and social media-related advertising revenue could provide potential solutions, FCC Commissioners Geoffrey Starks and Anna Gomez said Monday.
The objective of Consumers' Research was getting a case about the Universal Service Fund contribution methodology before the U.S. Supreme Court. That case resulted in the 5th U.S. Circuit Court of Appeals' recent 9-7 en banc decision that found the contribution factor is a "misbegotten tax," legal experts said during a Schools, Health & Libraries Broadband Coalition webinar Wednesday. The 5th Circuit remanded the contribution factor for Q1 2022 to the FCC for further work.
The 5th U.S. Circuit Court of Appeals' ruling against the FCC's Universal Service Fund contribution mechanism "should spur reform in Congress," Free State Foundation Director-Policy Studies Seth Cooper blogged Friday (see 2407300053). Congress "should act promptly to make the USF program fiscally sustainable and constitutionally sound" through direct appropriations, Cooper wrote, adding that broadband should be "intelligibly" defined as a service eligible for support. Cooper suggested requiring that "major online companies" contribute "under principles that limit subsidy amounts." There's "widespread agreement that universal service should support broadband access," Cooper said: "Congress should replace the amorphous definition of universal service as an evolving level of services that are consistent with the public interest." Should direct appropriations not be feasible, Cooper suggested amending Communications Act Section 254 to include Big Tech companies that "benefit immensely" from universal service.