Chairman Pai's Response to Senators Regarding Helping Students Maintain Connectivity During the COVID-19 Pandemic

On Sept 17, 2020, 36 Democratic and 2 Independent Senators wrote to Federal Communications Commission Chairman Ajit Pai to demand that the FCC take immediate action to help children who lack internet access at home and are unable to participate in online learning. Specifically, they called on Chairman Pai to utilize the E-Rate program to close this "homework gap" without further delay.

On Oct 1, Chairman Pai responded by listing different actions the FCC has taken to connect students during the pandemic, but to also noted the FCC is "limited in its ability to take the further action you request." He wrote, "The Commission must act within the bounds of the statutory authority given to the agency by Congress and use E-Rate program funding for broadband and other 'services' provided to school 'classrooms.' As such, wireless connectivity and devices supplied to students at home unfortunately do not qualify for E-Rate support under the law, regardless of whether they are being used for educational purposes. And because agencies only have the authority granted to them by Congress, we do not have the authority to waive these statutory requirements. That’s why we have been working, and will continue to work, with Congress on dedicated funding for remote learning to give students across this country an opportunity to connect with their teachers and online educational resources from home."