AG Brown multistate letter supports internet for schools and libraries as FCC considers cuts

Washington led a coalition of 23 attorneys general in filing a comment letter with the Federal Communications Commission today advocating that they maintain the E-Rate program, which provides over $3 billion a year to discount the cost of internet expenses for schools and libraries across the country. Washington received more than $40 million through the E-Rate program this year.

In Washington, 218 out of 295 public schools rely on E-Rate funding to set up and maintain high-speed internet access. Internet access doesn't just help students and teachers access educational materials like curriculum, lesson plans, and software. Schools also need the internet for building security, HVAC, food services, and other operations. For some school districts, E-Rate represents 90% of their funding for broadband connectivity. If the FCC eliminates, or even diminishes, E-Rate support, it could reduce internet access and lead to cuts in local schools. Such an action would also likely violate federal law as the program was established by Congress.

"Internet access is a necessity and a public good for schools and libraries," said Attorney General Nick Brown. "This letter won't be the final word if the FCC moves forward with an illegal plan to cut funding from Washington schools."

The FCC's E-Rate program was approved by Congress in 1996 and ever since has ensured that schools and libraries have access to internet and other telecommunications services at discounted rates. On average, Washington public schools receive a 77% discount on internet services through E-Rate.

The comment letter notes state and local school districts would bear the cost of expanding and maintaining broadband infrastructure if the FCC were to eliminate E-Rate. In Washington, most school districts rely on a high-capacity network known as the K-20 Educational Network, which connects colleges, universities, K-12 school districts and libraries across the state to high-speed, reliable broadband. The K-20 Network relies heavily on annual E-Rate funding, including $6.87 million this year.

Discounts to school districts are based on the percentage of students eligible for free or reduced-price lunches through the federal National School Lunch Program. For a district such as the Shelton School District, where over 90% of children are eligible for free or reduced lunch, there are no existing funds available to pay for expanding or maintaining network infrastructure. If they lost E-Rate funding, the district would need to reduce staffing, cut programs, or end other school services.

In August, the FCC solicited comments on potential changes to the E-Rate program, including potentially eliminating the program altogether. The coalition's comment letter notes that the E-Rate program was created by Congress, and it would be illegal for the FCC to eliminate it unilaterally. The FCC is also looking at conditioning school funding on educational policies. For example, the FCC asked for comment on whether it could condition funding on a school's educational outcomes. This is far beyond the authority of the FCC and would be illegal. The coalition states are monitoring the FCC's changes to the E-Rate program and will take legal action if necessary to protect their states.

Attorney General Brown led this letter, which was joined by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and Virginia.

Read the letter.