Taking Students Off Line: Sen. Ted Cruz’s Misguided Attack on E-Rate Hotspots and the FCC
Senator Ted Cruz has introduced a Congressional Review Act (CRA) resolution aimed at nullifying the Federal Communications Commission's (FCC) 2024 rule that permits E-Rate funding to support Wi-Fi hotspot lending programs for students.
In his announcement, Sen. Cruz claims that hotspot lending "invites exposure to inappropriate content" and "heightens the risk of censoring kids' exposure to conservative viewpoints." We believe that his assertions are misleading, factually incorrect, and misrepresent both the intent and regulatory requirements of the E-Rate program.
E-Rate Eligibility and Compliance with CIPA
Wi-Fi hotspots provided under the FCC’s rule must adhere to the same regulations that govern all other E-Rate-eligible services. This means that schools (and libraries) must comply with the Children's Internet Protection Act (CIPA) to receive funding, which includes implementing technologies that filter and safeguard students from harmful online content. E-Rate funding does not grant unrestricted, unsupervised internet access. Schools are required to certify that their internet policies meet CIPA guidelines, ensuring that filtering is age-appropriate. Local school districts establish their own Acceptable Use Policies (AUPs) within CIPA to govern how students access the internet using these hotspots, just as they do for in-school networks.
Cruz's claim that these hotspots will lead to "unsupervised internet usage" disregards these well-established safeguards. In fact, students will have safer access through school-managed hotspots than through unfiltered public networks.
Sen. Cruz’s "Censorship" Claims Are Baseless
One of Sen. Cruz’s most inflammatory arguments is that E-Rate-funded Wi-Fi hotspots could lead to "censorship of conservative viewpoints." This assertion is not supported by any evidence and ignores how internet filtering operates. CIPA-mandated filtering applies equally to all political viewpoints. Schools cannot and do not use filtering to target or suppress specific ideological perspectives. The FCC rule places content decisions in the hands of local schools and libraries. This means that communities, not federal agencies, set policies that reflect their educational priorities.
The Children's Internet Protection Act (CIPA), enacted in 2000, has evolved to improve its guidelines and filtering mechanisms in response to the changing digital landscape. While these enhancements have helped protect children online, challenges still exist. Overly restrictive filtering systems, such as those using ‘stop words’ and other blunt keyword-based restrictions, can unintentionally block access to important educational resources. This can hinder research and studying under the guise of protection, limiting students' ability to engage in comprehensive learning. Schools must continuously refine their filtering policies to strike a balance between safety and access to essential information.
The Unfiltered Reality of Personal Cell Phones
One significant contradiction in Sen. Cruz’s position is his failure to recognize that parent and family cell phone plans allow kids to access the internet in completely unfiltered and unmoderated ways. Unlike E-Rate-funded Wi-Fi hotspots, which are subject to content filtering mandated by CIPA, cell phones connected to full-price cellular data plans offer students unrestricted and unmonitored access to everything online.
If Sen. Cruz is genuinely concerned about children's online safety, why does he advocate for students to rely on costly, unfiltered personal cell phones instead of cost-free, school-managed, CIPA-compliant Wi-Fi hotspots? A cell phone with a full-price data plan allows unrestricted access to social media, explicit content, and any other online material without the safeguards required for E-Rate-funded services. Parents often struggle to effectively monitor personal devices, while schools and libraries have established filtering protocols that comply with federal regulations. Many low-income families cannot afford to provide unlimited data plans for their children, meaning Cruz's position effectively limits educational access for those who need it most.
If the true concern is keeping students safe online, then E-Rate-compliant hotspots are a far better option than pushing children toward unrestricted personal cell phone use. Blocking this FCC program does nothing to protect kids; it only complicates learning for students who lack home internet access.
Senator Cruz’s Pattern of Targeting Public Education
This latest action by Senator Cruz is part of a broader effort to undermine public education and its role in fostering student success. In April 2024, Sen. Cruz backed a lawsuit challenging the FCC’s decision to fund Wi-Fi on school buses—another initiative aimed at closing the digital divide for students. This lawsuit, supported by Cruz and other lawmakers, claimed that the FCC overstepped its authority and that Wi-Fi on school buses could enable “unsupervised social media access.”
However, education advocates have consistently emphasized that expanding internet access is essential for bridging the digital divide. Millions of students, especially those in rural areas, still lack reliable broadband access. Expanding E-Rate funding to include hotspots and bus Wi-Fi is a crucial step in ensuring equitable access to education.
Cruz’s opposition to these initiatives reflects a political strategy to discredit and dismantle public education under the guise of parental control and online safety. Instead of proposing constructive solutions, he continues to attack federal programs designed to assist students who need access to educational resources the most.
Addressing the "Parental Rights" Argument
Senator Cruz alleges that the FCC program “shifts control of internet access from parents to schools.” In reality, parents and schools maintain substantial control over their children's internet usage. Schools that lend out hotspots typically require parental consent and agreement to their Acceptable Use Policies. Additionally, the FCC’s rule does not require all students to receive a hotspot; it allows schools and libraries to determine who has the greatest need. Parents who do not want their children using school-provided hotspots have the option to opt out. This basic right remains intact under the program.
The Importance of Wi-Fi Hotspots in Closing the Homework Gap
The FCC's decision to allow E-Rate funds for off-campus hotspot lending addresses a fundamental reality: millions of students in the U.S. still lack reliable home internet access. The "homework gap" disproportionately affects low-income students and rural communities, leaving them unable to complete assignments, attend virtual classes, or participate in modern education.
The Emergency Connectivity Fund (ECF) demonstrated the success of hotspot lending, showing that students with access to school-managed internet resources perform better academically. The FCC’s expansion of E-Rate funding to include hotspots is a necessary step in addressing this crucial issue. Rather than attacking an initiative designed to help bridge the digital divide, lawmakers should focus on expanding reliable internet access for all students. The EveryLibrary Institute stands firmly in support of the FCC’s rule and urges policymakers to prioritize educational access over political posturing.