FCC Proposed Changes to E-Rate Funding, Children's Online Safety Requirements, and Competitive Bidding Rules

The Federal Communications Commission (FCC) has released a Notice of Proposed Rulemaking (NPRM) and Further NPRM (FNPRM) expressing concern that screen time may be hazardous to students’ health and asking whether funding for E-Rate connectivity to schools and libraries should be eliminated or significantly scaled back. The NPRM seeks comment on whether E-Rate has fulfilled its original statutory purpose of expanding broadband connectivity to schools and libraries and whether the program should be narrowed, refocused on high-cost and underserved areas, scaled back where alternative funding sources exist, or potentially sunset altogether. The NPRM also seeks comment on eliminating support for certain special construction projects, reducing support for schools in more affluent communities, and ending E-Rate eligibility for Head Start and pre-kindergarten programs. If implemented, these proposals could significantly reduce funding available through the E-Rate program and limit the use of those funds by schools and libraries.

In addition, the NPRM examines broader policy questions concerning the educational use of E-Rate-funded technology, student screen time, online safety, and whether the FCC should reinterpret the Children’s Internet Protection Act (CIPA) to provide greater authority over online activity in schools and libraries.

The accompanying FNPRM proposes substantial administrative and compliance changes, including new consultant registration, certification, and disclosure requirements, restrictions on percentage-based compensation arrangements, and other program integrity measures. The FNPRM also seeks comment on additional administrative streamlining measures and the deletion of obsolete Emergency Connectivity Fund (ECF) rules.

For more information about the FCC’s NPRM and FNPRM on the E-Rate program, please contact Mark Palchick, Rebecca Goldman, or Sherry Ross in our Broadband, Spectrum, and Communications Infrastructure Practice Group.