FCC Declares Wi-Fi on Buses Eligible for E-rate; Comments Due in Late November on Implementation Issues

On October 25, 2023, the Federal Communications Commission (Commission) issued a declaratory ruling clarifying that the use of Wi-Fi, or other similar access point technologies, on buses meets the definition of an educational purpose and is therefore eligible for E-rate funding. 

The Commission directed the Wireline Competition Bureau (WCB) to include these services in the funding year (FY) 2024 Eligible Services List (ESL) and to seek comment on the specific services and equipment that should be funded.  

WCB issued a public notice seeking additional comment on:

• the specific services and equipment needed to provide Wi-Fi service, or similar access point technologies, on school buses;
• modifying the ESL’s wireless provision to explicitly cover mobile broadband connectivity for school buses and to modify the language to: “Wireless (e.g., fixed wireless, microwave, or mobile).” 
• what equipment and services should be eligible and what category of service should they fall within; 
• how to ensure the use of Wi-Fi equipment and services on school buses is consistent with E rate program rules and limitations;
• the Commission’s assessment that any potential impact on the E-rate program budget and the Universal Service Fund would be nominal compared to the benefit;
• the accuracy of the estimated cost of providing Wi-Fi for school buses, which averages $1,840 per school bus per year based on data from the Emergency Connectivity Fund program; 
• whether any changes may be needed to the “Eligibility Explanations for Certain Category One and Category Two Services” for “Wireless services and wireless Internet access services” explanation; and
• the tentative conclusion that because these installations are for mobile school buses, applicants will not be required to conduct a comparison of wireless service funding requests.

Comments are due November 24, 2023, and should reference WC Docket No. 13-184.  There is no reply comment date listed, likely because the Commission intends to take action quickly after receiving comments, given that the Bureau anticipates an FY 2024 E-rate application deadline sometime in March.  Broadband Legal Strategies would encourage any parties that want to comment to submit their comments as soon as possible to give the Bureau additional time to review.