On July 24, the 5th Circuit struck down the funding mechanism for the universal service fund, which includes the E-Rate program. E-Rate provides $4.7 billion annually for schools and libraries to receive broadband and Wi-Fi services. This is an extreme decision that contradicts two rulings from other circuits as well as a previous three judge panel of the 5th circuit. We anticipate that this will be heard by the Supreme Court. Below is EdLiNC’s statement on this issue; AESA co-chairs EdLiNC and is committed to the work to protect the E-Rate program.
We are outraged by the 5th Circuit Court of Appeals’ decision in Consumers’ Research et al. v FCC that the funding mechanism of the Universal Service Fund is unconstitutional. If this decision stands, the E-Rate, Rural Health Care, High Cost and Lifeline programs, which comprise the Universal Service Fund, will come to an abrupt halt. In the case of E-Rate, this decision could lead to cutting off broadband access for tens of millions of students, educators and library patrons. We cannot let that happen.
EdLiNC, which represents the major K-12 public and private education associations and the American Library Association that helped enact and implement the E-Rate program, rejects the 5th Circuit’s absurd decision and vows to fight it. We will not allow a narrow two vote majority decision to upend the E-Rate, which has almost single-handedly made ubiquitous broadband access a reality in our nation’s schools and libraries over the last 25 years.
We plan to work with FCC Chairwoman Rosenworcel and our allies in Congress to reverse the 5th Circuit’s ruling and ensure that E-Rate will continue to provide all students educators and library patrons with access to the online world as envisioned by the bipartisan Congressional authors of this program.
- AASA: The School Superintendents Association
- American Federation of School Administrators
- American Library Association
- Association of Education Service Agencies
- Association of School Business Officials International
- CoSN – Consortium for School Networking
- National Association for Pupil Transportation
- National Association of Elementary School Principals
- National Association of Federally Impacted Schools
- National Association of Independent Schools
- National Association of Secondary School Principals
- National Catholic Educational Association
- National Education Association
- National Rural Education Association
- National School Boards Association