John Windhausen

The future of the $8.5 billion Universal Service Fund (USF), which supports broadband access in schools, libraries, and rural communities, hangs in the balance as three critical court cases move forward. In a rare twist, two cases saw oral arguments on the same day, adding a sense of urgency to the outcomes. These decisions could redefine affordable internet connectivity for students, families, and communities nationwide. We summarize each case and outline the stakes for the E-rate and other USF programs. As we await the courts’ decisions, SHLB is not just observing from the sidelines.

Republican or Democrat, one rare issue that can unite every American is the need to provide affordable internet connections to everyone. In today’s digital world, access to broadband internet means access to jobs, education, health care, and social opportunities.

There are at least seven reasons why states should consider connecting anchor institutions early in the broadband deployment process rather than at the tail end:

We strongly urge you to take concerted action to promote the nomination of Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society] to be a Commissioner of the Federal Communications Commission. Sohn has been a long-time advocate for internet freedom, consumer protection, and digital inclusivity. The FCC cannot move forward on several significant public interest issues until Ms. Sohn is confirmed by the full US Senate.

In comments filed with the Federal Communications Commission, the Schools, Health & Libraries Broadband (SHLB) Coalition encouraged the FCC not to move forward with its proposed changes to the competitive bidding process for the E-rate program.

Congress took a significant step toward solving the digital divide when it created the Emergency Connectivity Fund in the spring of 2021, appropriating over $7 billion for schools and libraries to connect learners to broadband off campus. Interviews with nearly a dozen Emergency Connectivity Fund applicants reveal that, while there is room for improvement, the program as a whole seems to be working. The FCC has approved applications both large and small in almost every state in the country.

Acknowledging that there’s no closing the digital divide without anchors, the Senate infrastructure bill's broadband component adopts a broad definition of “community anchor institution” that includes public housing authorities, healthcare providers, and other community support organizations – anchors that vulnerable populations depend upon the most. Yet when doling out the funding, the program relegates anchors to third priority, meaning that funds may be completely awarded to connect unserved and underserved households before any funding goes to anchor institution connectivity.

The Schools, Health & Libraries Broadband (SHLB) Coalition released a set of Pole Attachment Principles to Expedite Broadband Deployment to Anchor Institutions and Their Communities. We must reform the outdated, lengthy and costly process of attaching broadband cables to utility poles. Utility poles are the backbone of the nation’s critical broadband infrastructure and play a particularly important role in connecting rural residents and anchors to reliable, high-speed internet.

The recently-approved American Rescue Plan Act (ARPA) allocated $7.171 billion to a new Emergency Connectivity Fund (ECF), an historic expansion of the E-rate program to connect students, teachers, and library patrons who lack home broadband access.

The Consortium for School Networking (CoSN), State Educational Technology Directors Association (SETDA), State E-rate Coordinators' Alliance (SECA), Allianced for Excellent Education (All4Ed), Schools, Health & Libraries Broadband Coalition (SHLB) and the Council of the Great City Schools (CGCS) submitted to the Federal Communications Commission an estimate outlining the cost to provide much-needed cybersecurity protections to US K-12 school districts and a petition for declaratory relief and rulemaking urging the agency to expand the E-rate program to cover these protections.