For immediate release | January 17, 2025

ALA files U.S. Supreme Court amicus brief affirming universal service, E-Rate Program and essential roles of libraries

(Washington) – This week the American Library Association (ALA) filed an amicus brief affirming the Federal Communications Commission’s (FCC) essential Universal Service Fund (USF) and the E-rate Program that helps power broadband-enabled services and access through U.S. public libraries and schools. More than half of all public libraries each year apply for E-rate funding. The brief is part of the record the Supreme Court will review in two consolidated cases (24-354 and 24-422) that will determine the future of vital funding for universal broadband access.

“The E-Rate program supports the broadband capacity that libraries need to deliver essential services to their communities, providing opportunities in education, employment, emergency communications and entrepreneurship,” said ALA President Cindy Hohl. “E-Rate and the other three USF programs are critical to fulfilling ALA’s vision of broadband as a human right. The Court should not pull the plug on this powerful program.”

Universal service is the principle that all Americans should have access to communications services. The Telecommunications Act of 1996 expanded the traditional goal of universal service to include increased access to both telecommunications and advanced services – such as high-speed Internet – for all consumers at just, reasonable and affordable rates. Four programs are funded by USF:

The impact of E-Rate is felt nationwide. In 1996, only 44.4% of public libraries had internet access. By 2000, 95.7% of libraries were able to provide internet services, thanks largely to E-rate. Today virtually all public libraries offer fixed and wireless public internet access, devices, and expert library staff to help connect library patrons to the online resources they need and build their digital skills.

On tribal lands, where unemployment and poverty are among the highest in the country, only about half of Native Americans have high-speed internet access. Through E-rate, four tribal libraries formed the Middle Rio Grande Pueblo Tribal Consortium and were able to fund a fiber-optic network, an investment that will endure for generations. Special construction through E-rate may be the only cost-effective option for small, rural, and remote communities.

In separate cases, the 5th, 6th, and 11th Circuit Courts agreed with the FCC and upheld the constitutionality of E-rate’s funding mechanism. After the 5th Circuit reversed course in a 9-7 decision, the Supreme Court agreed to hear the case. The FCC and the Schools, Health & Libraries Broadband (SHLB) Coalition with other public interest groups are the named parties defending USF, along with 17 amici. ALA is a founding and active member of both SHLB and the Education & Libraries Network Coalition (EdLiNC), which has also submitted an amicus.

ALA’s brief affirms that the USF is constitutional and amplifies the impact of the E-Rate program in libraries nationwide. The brief highlights the importance of the program to libraries and the communities they serve, along with the many essential services libraries offer with the support of E-Rate. The stories from public libraries add context and perspective for the Court to raise questions and consider various angles.

About the American Library Association

The American Library Association (ALA) is the foremost national organization providing resources to inspire library and information professionals to transform their communities through essential programs and services. For more than 140 years, the ALA has been the trusted voice for academic, public, school, government and special libraries, advocating for the profession and the library’s role in enhancing learning and ensuring access to information for all. Visit ala.org/ppa. 

Students

Youth library patrons accessing internet at a library in the Middle Rio Grande Pueblo Tribal Consortium, a Tribal library & school fiber network supported in part by E-Rate funds.

Contact:

Shawnda Hines

Deputy Director, Communications

American Library Association

Public Policy & Advocacy Office

shines@alawash.org

Tags