FCC Secures Court Procedural Win in E-Rate Legal Battle

The court case may be dead for now, but reconsideration petitions at the FCC live on.

FCC Secures Court Procedural Win in E-Rate Legal Battle
Photo of Wi-Fi hot spot.

WASHINGTON, Sept. 26, 2024 – The Federal Communications Commission secured a legal victory in the U.S. Court of Appeals for the Fifth Circuit this week, as the court granted the agency's motion to dismiss a petition filed by a Texas couple challenging its Wi-Fi hotspots order.

Maurine and Matthew Molak, who run an anti-cyberbullying nonprofit, sued to block the FCC’s July order allowing E-Rate funds, which provide internet discounts for schools and libraries, to provide Wi-Fi hotspots for students to use off campus. They argued that this expansion would lead to more unsupervised social media use and put students at risk. 

The court ruled Wednesday that it lacked jurisdiction to hear the case until the FCC ruled on the Molaks’ petition for reconsideration.

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