After a prompt from Senator Ted Cruz, the FCC will be voting to ban using the Universal Service Fund to buy hotspots that can be lent to the public from libraries. This follows a similar action earlier this year when the FCC banned the Universal Service Fund from being used to put WiFi on school buses. With a 2:1 republican majority, this new proposal will be passed by the FCC.
Even if the FCC approves the resolution, the ban could be reversed by a future FCC. Senator Cruz is trying to get Congress to institute a permanent ban on using the USF for WiFi devices. The Senate approved a motion in May to ban WiFi from school buses, but this has yet to pass in the House.
The press release from the FCC included the following quote from Senator Cruz, “the Biden FCC hotspot program endangered kids, duplicated existing federal funding, and violated the law.” I am perplexed by the argument that lending WiFi units to homes endangers kids. The argument is based on the idea that lending a hotspot to a home can lead to unsupervised use of the Internet by children. That certainly is possible, but what does that say about the FCC’s mission to get a broadband connection into every home, which obviously can result in the same thing? Just under 90% of homes already have broadband and WiFi, which is even higher if you include kids using cellphones. It makes no sense to ban the lending of WiFi devices with the reason that WiFi is dangerous, when the FCC is designated by law to be the champion of broadband for everybody.
It also seems like an overstatement to say that using the Universal Service Fund to fund the distribution of WiFi devices is illegal. This argument is based on the idea that the USF Schools and Libraries fund should be used only to provide broadband directly at schools and libraries, and nowhere else. The previous FCC thought this program fit within its authority. The current FCC can decide to change the policy, but it’s hard to see a way to characterize a policy decision by a previous FCC as illegal.
I’ve talked to numerous librarians who tell me that WiFi lending is one of the most popular programs at their library. Folks wait for months to get a WiFi hotpot to use for looking for a job, doing homework, or generally enjoying the many benefits of broadband. Every library that lends hotspots tells me they wish they could get more devices.
The good news for libraries is that hotspots can be funded in many ways other than through the Universal Service Fund. A lot of school networks provide hotspots to students who don’t have home broadband. A number of non-profits provide hotspots to students and families who are in shelters or who become homeless. There are a lot of local efforts in communities across the country to fund and provide computers, cellphones, and hotspots for those who need them. Unfortunately, the NTIA killed the Digital Equity Act that would have provided billions of dollars to fund devices.
