The U.S. Senate voted on May 8 to nullify a rule issued by the Federal Communications Commission (FCC) in 2024 that allows schools and libraries to use the government’s E-Rate program to buy discounted Wi-Fi hot spots and related mobile connectivity services for off-premises use by students, school staff, and library patrons.
The Senate voted to get rid of the FCC rule on a party-line vote of 50 to 38. The vote was taken under the Congressional Review Act, which gives Congress the right to review and overturn final rules issued by Federal government agencies before they take final effect.
Overturning the FCC rule still requires approval of the same measure by the House, and a sign-off from President Donald Trump. A resolution to cancel the FCC rule was filed in the House in February by Rep. Russ Fulcher, R-Idaho, and referred to the House Energy and Commerce Committee where it awaits further action.
The Senate resolution of disapproval was filed in January by Sen. Ted Cruz, R-Texas, who chairs the Senate Commerce, Science, and Transportation Committee.
Sen. Cruz argued that the FCC rule violated existing law because it would subsidize Wi-Fi hotspots for off-campus use by students. He said that ran counter to language in Federal law that limits the FCC’s authority to provide support to schools under the E-Rate program to school classrooms.
“Unlike in a classroom or study hall, off-premises hotspot use is not typically supervised, inviting exposure to inappropriate content, including social media,” the senator’s office said in January.
“Additionally, since the FCC does not require schools to obtain parental consent before distributing federally-subsidized hotspots, the program risks undermining parents’ ability to control the content their kids can access online,” Sen. Cruz said.
“By shifting control from parents to schools, the order also heightens the risk of censoring kids’ exposure to conservative viewpoints – a trend recently already seen in many districts,” he said.
When the FCC approved the rule in July 2024, the agency said the measure would “support the students, school staff, and library patrons around the country who find themselves on the wrong side of the digital and educational divide.”
“Now, schools and libraries will be able to utilize E-Rate resources to loan out Wi-Fi hotspots which will provide internet access for those individuals without a reliable connection at home,” the agency said. “Today’s action will help students gain access to educational resources that may have been previously out of reach and enable them to learn without limits.”
