FCC Faces Recon Petition on Latest Wi-Fi E-Rate Order

Maurine and Matthew Molak, who sued the FCC for its decision authorizing funding of Wi-Fi on school buses (see 2406260006), filed a petition at the agency seeking reconsideration of last month’s 3-2 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024). Pleading cycle deadlines will come in a Federal Register notice, a Friday notice from the FCC said. “Petitioners urge the FCC to reconsider and rescind the Report and Order because it is contrary to law,” the petition said. The Molaks argue that the Telecom Act didn’t provide the FCC authority to use the E-rate program to pay for internet service and connections, “such as the Wi-Fi service and equipment at issue.” An agency “cannot exercise authority it does not have,” the petition argued: “If the FCC wishes to move forward with this proposal, it must first obtain proper authority from Congress.” The Molaks, whose 16-year-old son died by suicide after he was cyberbullied, argued that the school bus ruling would give children and teenagers unsupervised social media access. That case is before the 5th U.S. Circuit Court of Appeals. Meanwhile, Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen told us the group is mostly pleased with the Wi-Fi order and Further NPRM that the FCC posted last week. Windhausen saw no big surprises. “We're glad the FCC clarified a few issues and teed up additional questions in the further notice,” he said. SHLB's webinar on Wednesday “showed that there is a high level of interest in this new initiative, so we're excited to see how schools and libraries use this opportunity,” he said. SHLB plans additional webinars to answer questions about the program. Several changes were made between the draft and final version of the item, based on our side-by-side comparison. One question before the vote was whether the item would be tweaked to address fixed wireless access and partnerships with nontraditional providers (see 2406270068). The order clarifies that Wi-Fi hot spots “must be for use with a commercially available mobile wireless Internet service, rather than for use with [citizens broadband radio service] or other private network services.” The FNPRM adds language, as sought by Commissioner Geoffrey Starks, on cybersecurity issues. The final order includes a new paragraph on cybersecurity risk management. “Recognizing the critical needs of schools and libraries to protect their broadband networks and sensitive student, school staff, and library patron data, we seek comment on how to ensure that using E-Rate support for Wi-Fi hotspots does not introduce additional vulnerabilities or risks to cyberattacks,” the FNPRM says: “Specifically, we seek comment on whether service providers … should be required to implement cybersecurity and supply chain risk management plans.”