If It’s Not Broken, Don’t Fix It: Attorney General Bonta Opposes Rule Changes to Reduce Internet Services for Schools

OAKLAND -California Attorney General Rob Bonta today joined a multistate coalition in opposing efforts by the Federal Communications Commission (FCC) to significantly narrow, restrict, or terminate the federal E-Rate program (E-Rate), which for the last 30 years has provided most public schools and libraries in the country with discounts on the cost of internet and other information services. In the comment letter, Attorney General Bonta and the coalition argue that schools and libraries depend on E-Rate funding for academics and operations, and that the FCC's proposed changes are contrary to law, in excess of statutory authority, and arbitrary and capricious in violation of the Administrative Procedure Act (APA).

"The funding provided to schools through the federal E-Rate program is vital to ensuring our students get the quality education they deserve," said Attorney General Bonta. "Nearly all of the nation's public schools rely on the E-Rate program for internet access. In this digital era where technology is growing increasingly important in the world of learning, we must prioritize policies that protect equal access to technology for all students, not stifle it. I urge the FCC to abandon its proposals regarding dismantling or restructuring this crucial E-Rate program."

Under the current E-Rate program, schools and libraries receive significant discounts covering 20% to 90% of the cost of eligible telecommunication and information services, based on the percentage of students in a school district eligible for free or reduced-cost lunch. More than 90% of public schools nationwide, including many California schools, school districts, and libraries, have relied on E-Rate support for decades to access high-speed internet, wireless networking equipment, and related network technology. Without E-Rate support, underfunded school districts would be forced to choose between allowing their students to fall academically and technologically behind and cutting other critical services.

On August 14, 2026, the FCC issued a notice of proposed rulemaking seeking comment on a wide range of propositions related to the E-Rate program. In addition to complete termination of the program, the FCC is considering eliminating certain types of E-Rate eligible services, excluding Head Start and pre-kindergarten classrooms from E-Rate eligibility, reducing support in urban districts, and abandoning the National School Lunch Program as the metric for determining poverty in school districts. Also of concern, the FCC is considering using E-Rate support to override local government and school district decisions by conditioning the receipt of E-Rate funds on compliance with federal education policies that seek to limit screen time, meet specific academic outcomes, allow parents to opt out of technology-based curriculum, and monitor personal devices accessing an E-Rate-supported network.

In the comment letter, Attorney General Bonta and the coalition assert that:

• Terminating the E-Rate program would violate the APA and the FCC's obligation under the 1996 Telecommunications Act to administer the E-Rate program and establish an appropriate discount amount to ensure affordable access to services.
• Narrowing the scope of E-Rate services would contradict the FCC's statutory obligations, including its mandate to provide "predictable and sufficient" mechanisms to preserve and advance broadband connection.
• The FCC lacks the authority to override state and local education policy decisions by conditioning E-Rate funds on compliance with federal policies.
• Several proposed changes violate the APA because they are arbitrary and capricious and lack evidentiary support.
• The proposed changes would impose severe administrative, educational, and operational costs on school districts that have relied on the E-Rate program for decades.

In filing the comment letter, Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington.