On February 6, 2024, the Federal Communications Commission filed a motion to dismiss and to suspend merits briefing in the United States Court of Appeals for the Fifth Circuit after a petition was filed in the court challenging the FCC’s authority to fund school bus Wi-Fi services in the E-rate program. Noting that “neither Petitioner filed comments with the Commission regarding the proposal to allow E-Rate funding for broadband on school buses” the FCC argues that the case should be dismissed because the petitioners were not party to the proceedings resulting in the school bus Wi-Fi order.
The FCC’s motion to dismiss may be viewed here.
