Upcoming FCC Supreme Court Case Could Impact Internet Access for Rural Students
Credit: Ivan Pantic / Getty Images- A group called Consumers’ Research has filed a lawsuit arguing that the Federal Communications Commission’s Universal Service Fund is an unconstitutional tax.
- The Universal Service Fund makes broadband internet access affordable for rural hospitals, rural K-12 schools, and low-income rural Americans.
- If the lawsuit is successful, rural students and low-income learners may face additional challenges accessing online resources and pursuing online education opportunities.
- The Supreme Court will hear the case this spring and make its decision this summer.
A case set to appear before the U.S. Supreme Court this spring could have ramifications for students in rural areas pursuing an online education or looking to apply to college.
For the past few years, a group called Consumers’ Research has been filing lawsuits against the Federal Communications Commission (FCC) over the Universal Service Fund (USF). The USF lowers broadband internet costs for Americans in rural areas, allowing them to pay similar rates to people in urban areas.
Consumers’ Research says the USF is unconstitutional, in part alleging that the fund is a tax and only Congress can impose taxes, not the FCC.
The Supreme Court is set to hear the case this spring and deliver its ruling in the summer. If the court rules that the USF is unconstitutional, students in rural areas could lose affordable internet access necessary to prepare them for college and beyond.
The USF appears as a small charge on your phone bill and covers four categories: rural healthcare, a “high-cost” program for rural areas, low-income rural residents, and libraries and K-12 schools (through E-Rate).
The USF allows these sectors to access high-speed broadband internet. Otherwise, they would not have access to the service, or they would have to pay a high price for it.
“The E-Rate program is a lifeline for our schools,” FCC Chairwoman Jessica Rosenworcel said in a statement to BestColleges.
“It helps bridge the digital divide and ensure that every student, everywhere has the high-speed internet service they need to have a fair shot developing the skills they need for 21st century success.”
If school districts and rural libraries cannot afford high-quality internet access, it limits what resources students can access. This includes specific courses or curricula, college access resources, college and Free Application for Federal Student Aid (FAFSA) forms, and more.
Additionally, adult and young adult learners who engage in online programs and are eligible for USF funds for low-income, rural residents may lose this affordable access.
Research has shown students living in rural areas report higher rates of inadequate technology compared to suburban or urban students. The same 2021 study found that college students with inadequate technology struggled more with remote learning during the pandemic including meeting deadlines.
Researchers also found a correlation between internet access and student performance, with other research showing that students with no high-speed internet access are less likely to plan to go to college and may struggle when in college.
BestColleges spoke with experts about what this FCC Supreme Court case could mean for students in rural areas.
Why Broadband Is Important for Students
Dr. Christopher Ali, the Pioneers Chair in Telecommunications and professor of telecommunications at The Pennsylvania State University, said U.S. residents pay the most for monthly broadband access. He said the cost is worse for those in rural areas and even worse in tribal communities, which are notoriously underconnected.
Ali said rural students might not be able to access online education opportunities without high-speed internet. Not all internet connectivity is equal, he explained, and rural areas may have dated technology, which can limit students from seeking out online education opportunities.
As a professor, Ali knows firsthand that you can’t assume students have connectivity when they leave campus and that colleges and universities must be mindful of that.
Broadband access is “our window to the world,” Ali said.
Having reliable access to the internet materially impacts a student’s GPA and their ability to thrive, according to Ali.
He said, pre-pandemic, 70% of assigned homework was online. He explained students can’t be expected to write essays on their phones, and that in rural areas, it can be harder to travel to a library or find a cafe with better internet access.
He sees access to broadband as not just access to the technology but also as a gateway to the knowledge and literacy needed to take advantage of the internet: “Broadband is useless unless you can afford it and you know how to use it.”
Painting the Digital Divide Picture
Gina Spade of Broadband Legal Strategies previously worked at the FCC for 13 years and managed the E-Rate program. Spade and others — including the advocating coalition Schools, Health & Libraries Broadband (SHLB) — emphasized how important the USF is in an amicus brief.
“I feel strongly that these programs help people, help America,” she told BestColleges.
Spade points out that if some students have quality access to broadband internet and others don’t, this creates disadvantages for rural students. She said many schools have their students turn in their assignments online, and some students use the internet for test preparation and additional study supports. Doing homework without internet access is difficult.
“This public interest brief represents a unified voice in defense of the USF,” Kristen Corra, policy counsel of SHLB, said in the press release on the brief.
“The stakes are enormous — not just for the schools, libraries, and healthcare providers that depend on it, but for the millions of individuals who rely on their services daily. Together, we are urging the Supreme Court to uphold the program’s constitutionality and ensure it remains a stable funding source so that anchor institutions can continue bridging the digital divide.”
What’s Next for the USF
Cheryl A. Leanza, an attorney at Best, Best & Krieger with 25 years of experience and expertise in communications law, said that this program is crucial for the internet access for so many parts of the country, especially when it comes to rural K-12 schools and low-income consumers.
“I would not tell anyone to panic. However, it is an incredibly important case,” Leanza told BestColleges.
She said interested parties should keep a close eye on this case and reach out to their members of Congress with their thoughts and concerns. She said that school districts should be in close touch with their legal advisors and policy experts.
Leanza said that the oral argument for this case will likely be in April with a decision in June. However, it is possible that the Supreme Court declares the case moot and sends it back to the lower courts.
Ali said that rural schools and libraries have reason to be concerned about the future of the USF, but he isn’t worried about the fund going away entirely. If the Supreme Court rules in favor of Consumers’ Research, the programs could be funded by congressional appropriation.
“We are going to see a lot of turbulence … for the next few years,” Ali said.