E-Rate Wi-Fi Hotspots Further NPRM Comments Due Oct. 4, Replies Due Nov. 4

On July 18, 2024, the Federal Communications Commission (Commission) adopted a report and order and further notice of proposed rulemaking (Order and Further NPRM) allowing schools and libraries to receive E-Rate support for Wi-Fi hotspots and services that can be used off-premises by students, school staff, and library patrons.

On August 20, 2024, the Order and Further NPRM was published in the Federal Register.  The effective date for some of the rules in the Order is 30 days after Federal Register publication, which is September 19, 2024.  Petitions for reconsideration of any of the rules or decisions adopted in the Order also are due by September 19, 2024.  

Publication in the Federal Register also sets the comment cycle for the Further NPRM: Comments are due October 4, 2024, and reply comments are due November 4, 2024. 

• The Commission seeks further comment on administratively feasible methods to encourage maximum usage of these services and devices. (paras. 103-104)
• The Commission also seeks comment on ways service providers could take additional actions to reduce the amount of E-Rate funds being spent on Wi-Fi hotspots and services that are not being actively used by the intended users. (para. 105)
• While the Commission is requiring that service providers provide usage reports to applicants at least once per billing cycle, the Commission also seeks comment on whether the Commission should require submission of data usage reports during the invoicing process. (para. 106)
• To the extent applicants and service providers believe burdens would increase under any of these scenarios, the Commission seeks detailed information on the potential costs and benefits. (para. 107)
• The Commission seeks further comment on whether to adopt user access restrictions, such as asking for student credentials, like a school-issued email and password, or more technical limitations on who or which devices may connect to the E-Rate-funded Wi-Fi hotspots. (para. 108)
• The Commission seeks comment on ways to encourage cybersecurity best practices and risk management for schools, libraries, and service providers offering Wi-Fi hotspots through E-Rate.  (para. 109)
• The Commission also seeks comment about whether information reported to the Commission or to USAC pursuant to the requirements adopted above relating to data usage reports and asset and service inventories are “data assets” potentially subject to the requirements of the OPEN Government Data Act which requires agencies to make “public data assets” available under an open license and as “open Government data assets,” i.e., in machine-readable, open format, unencumbered by use restrictions other than intellectual property rights, and based on an open standard that is maintained by a standards organization. (paras. 110-112)
• The Commission seeks comment on how its proposals may promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well the scope of the Commission’s relevant legal authority. (para. 113)