Chairwoman Rosenworcel's Response to Members of Congress Regarding the E-Rate Program

On August 14, 2023, Federal Communications Commission Chairwoman Jessica Rosenworcel responded to lawmakers' concerns about the E-Rate Program and the Notice of Proposed Rulemaking circulated amongst the FCC. With the sunset of the Emergency Connectivity Fund (ECF) slated for June 30, 2024, the FCC is seeking public comment on how to develop a long-term solution for the kinds of ongoing remote learning challenges that Congress sought to address with the ECF. To this end, the FCC proposes to permit eligible schools and libraries to receive E-Rate program support for wireless connections like Wi-Fi hotspots that can be used off-premises. It seeks comment on the eligibility of such services and equipment and asks related questions regarding legal authority. In doing so, it points to the FCC's past actions to provide E- Rate support for certain off-premises use. The FCC has previously determined that off-premises use of equipment and services may be eligible for E-Rate support after first finding that the off-premises provision of such services is “integral, immediate, and proximate to the education of students or the provision of library services to library patrons, and thus serves an educational purpose." Chairwoman Rosenworcel is fully committed to protecting the integrity of the E-Rate program, including taking steps necessary to prevent duplicative funding for the same Wi-Fi hotspots and services across other funding programs, including the Affordable Connectivity Program (ACP) and the Lifeline program, as well as other federal, state, Tribal, or local funding programs.