The FCC’s proposed Eligible Services List for FY 2025 (DA 24-743) has been released for public comment. The only proposed changes for next year are the added references to the newly eligible Wi-Fi hotspots (see article above) under wireless services. An expanded section under Eligibility Explanations reads:
Wireless services and wireless Internet access – In accordance with the Wi-Fi Hotspot Report and Order (FCC 24-76), the off-campus use of Wi-Fi hotspots and mobile wireless Internet services is eligible for E-Rate support. Wi-Fi hotspots that are portable and a single device (i.e., not a set of linked devices) are eligible as Network Equipment as indicated in Note (1) under Category One.
As clarified in the Wi-Fi on School Buses Declaratory Ruling (FCC 23-84), the off-campus use of wireless service and the equipment needed to make this wireless service for school buses functional (e.g., antennas, routers, modems) is eligible for E-Rate support.
Outside of these delineated exceptions, in general, off-campus use of E-Rate-funded services even if used for an educational purpose, is ineligible for support, and must be cost-allocated out of any funding request.
In order for data plans and air cards for mobile devices for use on-campus (e.g., a bookmobile in a state where it is eligible for support as a library) to be eligible, the school or library seeking support must demonstrate that the individual data plans are the most cost-effective option for providing internal broadband access for mobile devices at schools and libraries. Applicants should compare the cost of data plans or air cards for mobile devices to the total cost of all components necessary to deliver connectivity to the end user device, including the cost of data transmission and/or Internet access to the school or library. Seeking support for data plans or air cards for mobile devices for use in a school or library with an existing broadband connection and WLAN implicates the E-Rate program’s prohibition on requests for duplicative services.
Sidebar: For many years, the FCC has received — and rejected — numerous comments to its draft ESLs strongly urging the FCC to make cybersecurity equipment and services eligible. With the FCC having now initiated a separate Cybersecurity Pilot Program (see our most recent newsletters of June 17 and July 29), it will likely reject similar requests for FY 2025. On the other hand, we could argue — and would encourage others to do as well — that having acknowledged the importance of cybersecurity, the FCC should at least make advanced firewalls E-rate eligible now without awaiting results of the Pilot three years out.
Public comments on the draft ESL for FY 2025 are due by August 30th; reply comments are due September 16th.