Texas Couple Challenges FCC’s Wi-Fi Hotspots Order in Fifth Circuit

WASHINGTON, September 4, 2024 – A Texas couple asked a federal court to toss a second Federal Communications Commission regulation expanding Internet access through a broadband subsidy program called E-Rate. 

Molak Petition for Review

Pursuant to Section 402(a) of the Communications Act of 1934, as amended, 47 U.S.C. § 402(a), and 28 U.S.C. § 2342(1), and in accordance with Federal Rule of Appellate Procedure 15, Maurine Molak and Matthew Molak (“Petitioners”) hereby petition for review of the Report and Order and Further Notice of Proposed Rulemaking issued by the Federal Communications Commission (“FCC”) titled Addressing the Homework Gap through the E-Rate Program, FCC 24-76, WC Docket No. 21-31 (“Report and Order”).

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Last Thursday, in filing with the U.S. Court of Appeals for the Fifth Circuit, Maurine and Matthew Molak challenged a July order allowing the program to fund Wi-Fi hotspots for students to check out from schools and libraries. 

They argued the FCC does not have the authority to fund connectivity outside the physical bounds of a library or classroom. It’s an argument they used in challenging an order expanding E-Rate to school bus Wi-Fi before the same court in a case still pending.