5th Circuit Holds School Bus Wi-Fi Case in Abeyance Pending Further FCC Action
The 5th U.S. Circuit Appeals Court agreed Thursday to hold in abeyance a legal challenge to an FCC ruling that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. The court's action came after the FCC reminded it that the agency's composition has changed since it adopted the school bus Wi-Fi ruling in 2023, and the current commission may no longer support the order (see 2507070012).
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Petitioners Maurine and Matthew Molak and the FCC asked the 1st Circuit to delay any decision in a brief this week (case 23-60641). “Petitioners and the FCC respectfully submit that an order holding the case in abeyance is an appropriate and efficient step in consideration of the agency’s ongoing internal review,” the brief said. “Should the Court agree and enter an order holding the case in abeyance, the FCC would propose to file a status report 90 days from the date of the order and every 90 days thereafter until such time as the order is lifted.” The brief said the intervenor, the Schools, Health & Libraries Broadband Coalition, didn't take a position on delaying consideration of the FCC ruling.
Judges heard oral argument in November (see 2411040061). In February, after the change in administration, the FCC told the court it no longer contends that the Molaks are barred from challenging the ruling based on their lack of participation in the agency proceeding that led to the decision. The Molaks, whose 16-year-old son died by suicide after he was cyberbullied, argued that the school bus ruling would give children and teenagers unsupervised social media access.