FCC Authority to End E-Rate Program Challenged by Library Groups

Library organizations are questioning whether the Federal Communications Commission has the authority to repeal the E-Rate program, which provides discounts that help schools and libraries obtain broadband and telecommunications services.

“Importantly, the FCC does not have the authority to end the E-Rate program. The E-Rate program was mandated by Congress, and the FCC is responsible for administering it,” the National Library Group said.

If Mr. Carr moves forward with an E-Rate repeal, he may argue that the FCC has authority to end the program because its original mission has been completed.

“When establishing this program in 1996, Congress was addressing the specific problem of limited access to advanced telecommunications and Internet services in schools and libraries,” the proposal states. “Given the significant expansion of broadband access in schools and libraries over the past 30 years, we seek comment on whether and to what extent the E-Rate program has fulfilled its mission, and whether continued funding is consistent with Congress’ original intent.”

Library groups question FCC authority over screen time and education

The proceedings also raise questions about the FCC’s authority to regulate how schools and libraries manage internet access. The American Library Association said that “the FCC lacks the authority and expertise to regulate screen times or determine educational outcomes.”

The group’s submission cites U.S. law, which states that decisions about content inappropriate for children “shall be made by the school board, local educational agency, library, or other authority responsible for making such determinations.” The law also says that the U.S. government cannot establish standards for making these decisions or review determinations made by local schools and libraries.

Texas and New York library groups address E-Rate funding

The Texas Library Association told the FCC that E-Rate funding remains necessary to help libraries bring broadband speeds up to modern standards. The group also said that public libraries in Texas are implementing appropriate monitoring and filtering of internet services provided to library users.

“Currently, only 35% of public libraries in Texas receive E-Rate discounts, compared to 65% of public libraries nationwide, and only 55% of libraries meet the commission’s own recommended broadband speed benchmarks,” the group said. “Such disparities in the nation’s second-most populous state are evidence that unmet need is working through real obstacles, not evidence that the need has passed.”