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Addressing the Homework Gap Through the E-Rate Program rule (2024)
| What is a significant rule? Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in the regulatory review process, the Office of Information and Regulatory Affairs (OIRA) determines which rules meet this definition. |
| Addressing the Homework Gap Through the E-Rate Program | |
| Agency: Federal Communications Commission | |
| Action: Final rule | |
| Res. of disapproval status: Passed one chamber | |
| Type: Not deemed significant | |
| Federal code: 47 CFR Part 54 | |
| Estimated cost:[1] $0 | |
| Estimated benefit:[1] $0 | |
| Policy topics: Education | |
The Addressing the Homework Gap Through the E-Rate Program rule is a rule issued by the Federal Communications Commission (FCC) designed to go into effect on September 19, 2024, that amends the "E-Rate" program to allow the off-premises distribution of Wi-Fi hotspots and services to participating students, school staff, and library patrons. [2]
On May 8, 2025, a resolution of disapproval of this rule under the Congressional Review Act passed the U.S. Senate.
Timeline
The following timeline details key rulemaking activity:
- May 8, 2025
A resolution of disapproval passed the Senate.[4]
- January 27, 2025
A resolution of disapproval under the Congressional Review Act was introduced in the U.S. Senate.[4]
- September 19, 2024
The final rule took effect.[2]
- August 20, 2024
FCC published the final rule.[2]
- December 7, 2023
FCC published a proposed rule and opened the comment period.[3]
Background
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The FCC's "E-Rate" program supports internet access within participating school and library buildings, by providing funding for technologies like broadband internet and WiFi access. During the COVID-19 pandemic, a “Homework Gap” between students with and those without reliable internet access at home became an area of policy concern. This rule sought to address this issue by amending the rules of the "E-Rate" program to allow the off-premises distribution of Wi-Fi hotspots and services to students, school staff, and library patrons.
Congressional Review Act
- See also: Congressional Review Act
Under the CRA, Congress can nullify recent administrative rules if both the House and the Senate pass a joint resolution of disapproval by a simple majority and the President signs it.
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:[2]
| “ | In this document, the Federal Communications Commission (Commission or FCC) takes steps to modernize the E-Rate program to meet the evolving needs of schools and libraries around the country by allowing for the distribution of Wi-Fi hotspots and services to students, school staff, and library patrons for off-premises use.[5] | ” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in the Federal Register:[2]
| “ | Building on its experiences in the [Emergency Connectivity Fund] program and the comments the Commission received in response to the Notice of Proposed Rulemaking (NPRM), 88 FR 85157, December 7, 2023, the Commission adopts a budget mechanism to allow for the equitable distribution of Wi-Fi hotspots and services to students, school staff, and library patrons. These rules are intended to be another step in updating the E-Rate program to reflect the realities of many schools and libraries by lending Wi-Fi hotspots and services through community and school libraries across the country so that students, school staff, and library patrons with the greatest need can be connected and learn without limits.[5] | ” |
Responses to resolution of disapproval
Supporting the rule
Senator Ted Cruz (R) supported the resolution of disapproval, stating that the rule would "imped[e] parents' ability to decide what their kids see by subsidizing unsupervised access to inappropriate content."[6]
Opposing the rule
Senator Richard Blumenthal (D) opposed the resolution of disapproval, stating that "this resolution would prevent millions of students, educators, and families from getting online."[6]
Significant impact
- See also: Significant regulatory action
Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.
Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. E.O. 14215, issued on February 18, 2025, by President Donald Trump (R), required independent agencies to comply with all aspects of OMB review, including review by the Office of Information and Regulatory Affairs (OIRA).[2]
The text of the rule states that OMB deemed this rule not significant:
| “ | The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, OMB, concurs, that this rule is “non-major” under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a copy of the Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).[5] | ” |
Text of the rule
The full text of the rule is available below:[2]
See also
- Overview of significant federal agency rules
- Overview of significant federal agency rules (2024)
- Significant rule
- REINS Act
- Congressional Review Act
External links
Footnotes
- ↑ 1.0 1.1 Note: Estimated costs and estimated benefits here refer to estimated quantitative costs represented by dollar amounts. The estimates are a required part of the rulemaking process and are provided in the rule text. For qualitative costs or benefits, see the summaries of rule purpose and provisions.
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Federal Register, "Addressing the Homework Gap Through the E-Rate Program," accessed May 20, 2025
- ↑ Federal Register, "Addressing the Homework Gap Through the E-Rate Program," accessed May 20, 2025
- ↑ 4.0 4.1 Congress.gov, "Senate Joint Resolution 7," accessed May 20, 2025
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 6.0 6.1 Ars Technica, "Senate passes “cruel” Republican plan to block Wi-Fi hotspots for schoolkids," May 8, 2025, accessed May 20, 2025
