Molaks Seek Review of FCC’s Wi-Fi Hotspots Order

WASHINGTON, August 9, 2024 –The Molak family, already engaged in a legal battle with  the Federal Communications Commission over its decision to fund  Wi-Fi service on school buses, is once again challenging the agency's authority.

Maurine and Matthew Molak have petitioned the FCC to reconsider its decision last month to allow schools and libraries to use E-rate funds for off-premises Wi-Fi hotspots  They have argued that the FCC has overstepped its legal bounds, a claim they are also pursuing in the U.S. Court of Appeals for the Fifth Circuit regarding Wi-Fi on school buses.

The Molak family has said it is opposed to unsupervised social media access on school buses that children and teenagers will have as a result of FCC policy. A son of the Molaks died by suicide at 16 after he was cyberbullied.

Their petition urged the FCC to “reconsider and rescind the Report and Order because it is contrary to law.” The FCC adopted the Wi-Fi hotspots rules on July 18.

While unlikely to advance under the current Democratic majority at the FCC, the Molaks’ petition highlighted the significant legal and policy challenges the agency faces in light of the Supreme Court’s June ruling in Loper Bright Enterprises v. Raimondo, which eliminated automatic judicial deference to agency interpretations of ambiguous laws passed by Congress.

After the FCC’s July vote – which passed 3-2 along party lines – Republican Commissioner Brendan Carr warned that the ruling exemplified the type of agency overreach the Supreme Court aimed to curtail with its decision in Loper Bright.

FCC Chairwoman Jessica Rosenworcel has said current law supported her Wi-fi hotspots initiative because the FCC was allow "to update the definition of universal service, which includes E-Rate, so that it evolves over time."

The FCC said Aug. 2 that the deadlines for the pleading cycle on the Molaks' petition will be set in an upcoming Federal Register notice.