In the July 24, 2026 edition of the ICORE Blog, we reported that at its June 25, 2026 Open Meeting, the FCC adopted an NPRM and FNPRM regarding the E-Rate Program. The NPRM sought comments on actions to ensure the E-Rate Program advances student learning outcomes and better protects the on-line safety of children when using E-Rate funded networks and services. In addition, the NPRM sought comment on how to ensure that E-Rate funded networks are being used for educational purposes, as statutorily required. Additionally, the NPRM sought comment not only on how to ensure E-Rate funded services are advancing educational outcomes and protecting children on-line, but also on whether the program should be narrowed or otherwise reoriented to reflect the extent to which its connectivity objectives have been achieved. Citing the substantial expansion of broadband access in schools and libraries over the last three decades, the NPRM sought comment on whether and to what extent the E-Rate Program had achieved its objectives and whether continued funding is consistent with that objective.
Comments have now been filed in this proceeding. WTA, in its comments, addresses the issue of narrowing or reorienting the scope of the E-Rate Program. WTA maintains that there is still a need for E-Rate funding for both connectivity and affordability. Regarding the NPRM’s assertion that “virtually all schools report having broadband connectivity and Wi-FI”, WTA points out that even schools and libraries that are currently connected with broadband service will likely need to upgrade or replace those connections in the not-too-distant future to support Artificial Intelligence (AI) applications. Given these ongoing needs for deployment and upgrades it would continue to serve the public interest for the Commission to retain the option of E-Rate support for special construction with the caveat that special construction should only be allowed when the school or library can demonstrate that it is the most cost-effective solution for providing the requested broadband services. Regarding the NPRM’s assertion that the BEAD program can supply the necessary funding to schools and libraries, WTA counters that it is far from clear that a State would be able to utilize BEAD funding to pay for deployment to schools and libraries, or for upgrades to facilities already serving schools and libraries. Finally, WTA notes that Congress established the E-Rate Program to ensure affordable connectivity to schools and libraries and urges the Commission to continue to subsidize broadband service to schools and libraries, particularly in rural areas.
In its comments, NTCA urges the Commission to promote the cost-effective use of the program’s resources in well-served areas rather than facilitating duplicative and inefficient network builds that divert funds from connecting schools and libraries in other communities. NTCA asserts that the Commission’s E-Rate competitive bidding rules currently contain loopholes that can allow a program beneficiary to spend special construction funding in an inefficient manner and urges the Commission to adopt reforms to protect against waste. Specifically, NTCA suggests that the Commission adopt overbuilding safeguards under which existing providers with High-Cost supported connections in place sufficient to meet an E-Rate applicant’s needs would be given an opportunity to respond to an application for self-construction filed by a school or library. In addition, the Commission is urged to amend the E-Rate competitive bidding rules to require schools and libraries consortia seeking support for self-construction projects to solicit bids from multiple vendors, including vendors capable of serving only a subset of consortium members. Finally, NTCA suggests that the Commission amend the E-Rate competitive rules to better foster coordination between the E-Rate Program and the High-Cost Program.
Reply Comments in this proceeding are due November 12, 2026.
We will continue to monitor this issue and will provide updates as more information becomes available.
