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Couple Challenge FCC E-Rate Ruling in 5th Circuit Authorizing School Bus Wi-Fi

Petitioners Maurine and Matthew Molak are seeking 5th U.S. Circuit Court of Appeals review of the FCC’s Oct. 25 declaratory ruling authorizing funding for Wi-Fi service and equipment on school buses under the commission’s E-rate program, according to their petition…

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Wednesday (docket 23-60641). The Molaks are “aggrieved” by the ruling because it will increase E-rate program “outlays” and “thereby directly increase" the amount of the federal universal service charge they pay each month as a line-item on their phone bill to fund the program's costs, their petition said. In addition, the Molaks have “a special interest in this matter” as co-founders of David’s Legacy Foundation, a nonprofit dedicated to the memory of their son “and committed to ending cyberbullying through education, legislation, and legal action,” it said. The ruling “undermines that crucial mission by enabling unsupervised social-media access by children and teenagers” on school buses, it said. The ruling exceeds the FCC’s statutory authority and “is contrary to law,” it added. The Molaks are asking the 5th Circuit to vacate the ruling “and grant such other relief as it may deem appropriate,” said the petition.