Internet Access Under Threat in Libraries, Educational Institutions, and Hospitals Due to Supreme Court Case
Schools in Kentucky scrambling for internet connectivity after floods, find refuge in local libraries. As these libraries step up to provide high-speed internet access to students lacking it at home, they're relying on a federal program that might be undergoing a significant overhaul.
This program, known as the Universal Service Fund (USF), could lose billions due to a Supreme Court case decided in the coming months. The issue at hand is a decades-old separation of powers fight over federal agencies' authority.
With nearly 10% of US households lacking broadband access, bridging this digital divide is crucial. However, critics say the USF system is a bureaucratic nightmare. They claim that it's an indirect tax levied by the Federal Communications Commission, which violates the nondelegation doctrine - the idea that Congress can't delegate its powers to federal agencies.
Private companies administer the USF, and conservatives argue that this outsourcing of responsibility is a problem. Trent McCotter, an attorney from the Boyden Gray law firm, suggests that funding the program through regular congressional spending bills would be better for schools and libraries in the long run.
Meanwhile, others argue that pervasive gridlock on Capitol Hill would jeopardize programs like E-Rate and Lifeline that connect millions of Americans to the internet. Critics point out that low-income households would suffer most significantly from these changes.
Recently, the Supreme Court's conservative majority has been chipping away at the power of federal agencies. Last year, they overturned a 1984 precedent giving deference to agency regulations in many circumstances. More recently, they embraced the major questions doctrine, barring agencies from issuing rules with major economic or political impacts absent explicit congressional approval.
Now, the "nondelegation doctrine," which blocks Congress from delegating its authority to agencies, is the next target in this campaign. The high court has not invoked this doctrine since the 1930s. However, conservative justices have expressed approval for this argument, making it likely that the USF faces an uncertain future.
Stakeholders, such as librarians and school officials, are less concerned about the politics and more about the impact on their budgets. In Bullitt County, Kentucky, the library spends around $4,000 a month to provide internet to its five branches, thanks to E-Rate funding supporting 80% of the costs. Losing this funding would mean these crucial services might be unavailable.
Meanwhile, in rural areas like Sheridan County, Wyoming, school officials rely on E-Rate programs, which subsidize the cost of managing internal internet networks. This money allows them to invest in educational resources, rather than network infrastructure.
The USF provides billions in discounts for interconnectivity each year, benefiting over 106,000 schools over the past two years. These services are essential for many rural communities that rely on them for connectivity, security systems, telehealth, job searches, and staying connected with family.
As the Supreme Court prepares to make a decision, stakeholders wait with bated breath, hoping for a verdict that prioritizes access and affordability for all Americans.
- The Universal Service Fund (USF), which provides billions in discounts for internet connectivity each year, is under threat due to a potential Supreme Court ruling on the nondelegation doctrine.
- Schools in rural areas like Sheridan County, Wyoming, heavily rely on E-Rate programs, funded by the USF, for managing their internal internet networks, allowing them to invest in educational resources instead.
- In Bullitt County, Kentucky, the library spends around $4,000 a month to provide internet to its five branches, thanks to E-Rate funding, and the potential loss of this funding could result in these crucial services being unavailable.
