Defending the federal E-Rate program from new legal threats, ALA files amicus brief to preserve broadband funding for libraries

(Washington, D.C.) Today, the American Library Association (ALA) filed a friend of the court brief affirming the Federal Communications Commission’s (FCC) Universal Service Fund (USF) and one of its four programs, E-Rate, which helps power broadband-enabled services and access through U.S. public libraries and schools. Filed in the Fifth Circuit Court of Appeals, the legal challenge threatens vital funding for broadband in the more than half of all public libraries that apply for E-Rate funding each year. 

ALA President Sam Helmick said, “E-Rate has been a quiet powerhouse in helping libraries connect people to opportunity for nearly 30 years. Even today, broadband may be wider spread, but it is not affordable for everyone. Millions still rely on libraries and schools as their only reliable connection to the internet.

“There is no substitute for E-Rate. Without it, communities lose access to the tools that make modern life possible—homework, job applications, telehealth, tax filing. This isn’t theoretical. It’s immediate, and it’s personal. 

“Eliminating E-Rate is choosing to disconnect people at the exact moment our connection matters most. ALA affirms that E-Rate works as intended to serve Americans. Access to information is not a luxury, it’s infrastructure.”

When E-Rate was established in 1996 as part of the Telecommunications Act of 1996, only 44.4 percent of public libraries had internet access. By 2000, 95.7 percent of libraries were able to provide internet services, thanks largely to E-Rate funding. 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.  

According to ALA’s brief, rural and low-income communities would suffer most from loss of the just, reasonable and affordable rates ensured by E-Rate funding. The Fifth Circuit, which includes Texas, Louisiana, and Mississippi, has large rural populations across the three states that would be negatively impacted. In Mississippi, for example, over half of the population lives in rural areas. One example cited in the brief is the rural community of Comanche, Texas, where library internet access supports students’ online homeschool assignments, local mothers studying for college classes, and college students taking exams. 

In its amicus brief, ALA noted that not only has E-Rate made broadband more accessible for communities over its 30-year history, it is now considered a model for other federal programs in terms of oversight for federal awards and grants. Of five programs reviewed by the Government Accountability Office in 2025 for compliance with requirements for preventing waste, fraud and abuse, E-Rate was the only one to receive a perfect score. ALA also noted that E-Rate supports libraries’ basic functions, such as reference support, materials circulation, and access to information. In addition to public internet access, E-Rate funding for broadband enables critical operations and digital modernization efforts that keep networks safe and secure.  

The current legal challenge by Consumers Research comes on the heels of its three consecutive losses since 2022 in the 5th 6th and 11th Circuit Courts, culminating in a June 2025 Supreme Court decision to uphold the Universal Service Fund. 

Read ALA's brief here.

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.  

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