The FCC announced in April it would be taking a fresh look at all aspects of the Universal Service Fund (USF). The agency recently kicked off this process for the E-Rate program by issuing a combined Notice of Proposed Rulemaking and a Further Notice of Proposed Rulemaking.
E-Rate is the Universal Service Fund program that subsidizes broadband for schools that have the highest percentage of students who qualify for the federal school lunch program. E-Rate also brings broadband to libraries. The program has been in effect since 1997. In recent years, E-Rate has disbursed around $2.5 billion annually to subsidize broadband bills. There are over 101,500 schools and 11,600 libraries served by the program.
The Notice of Proposed Rulemaking asks for public feedback on some fundamental questions about the existing program. The FCC asks if E-Rate is still meeting the original intent and asks if the program should be narrowed in scope or even ended. The FCC notes that when E-Rate was created, most schools did not have broadband access, but virtually all schools are connected to fiber broadband today. As an aside, I wrote a blog last year that noted that a large percentage of schools now need a lot more than one gigabit of broadband, with many schools now needing 5- to 10-gigabit service.
Most of the NPRM asks questions related to students’ use of broadband. Probably the most controversial question in the NPRM asks if the FCC should somehow try to limit screen time for students. The FCC cites some statistics that say that children ages 5- 8 average about three and a half hours per day of screen time. For students ages eight to twelve, the average is about five and a half hours daily. Finally, teens spend an average of eight hours per day using a screen. The FCC cites an expert who recommends that children five years and older should be limited to no more than two hours per day of screen time.
The FCC asks if it should intervene to try to limit screen time inside schools that receive E-Rate. It’s an interesting question, and I suspect there will be parents who welcome this. When reading the document, it’s easy to think the FCC is leaning towards ordering this. I have a hard time understanding how this is within the FCC’s jurisdiction. The E-Rate rules from Congress give the FCC instructions to make sure schools have adequate broadband, but didn’t give any authority over how schools or students should use broadband. In a related question, the FCC asks if parents should be allowed to opt out of having their children use computers in school. I’m sure teachers are shuddering at the possibility of having a mix of students with and without computers in every class.
The NPRM also asks about stricter regulations to make sure that students with school-supplied computers cannot access harmful information on the web, both when using devices in the school and when taking the devices home. This is a requirement that’s been around since the Children’s Internet Protection Act (CIPA), which was enacted in 1999. Apparently, the FCC is hearing of examples of students able to bypass restrictions on computers.
In the Further Notice of Proposed Rulemaking, the FCC is tackling the issue of better regulating E-Rate consultants. This is due to some recent headlines where consultants defrauded schools and the E-Rate fund. The FCC is suggesting an annual disclosure and certification of E-Rate consultants.
In addition to these proposals, the FCC recently separately suggested that E-Rate service move to a portal operated by USAC, where ISPs could competitively bid to serve E-Rate schools.