Resolution would nullify unlawful rule exposing children to inappropriate content and undermining parental oversight 

WASHINGTON, D.C. – U.S. Senate Commerce Committee Chairman Ted Cruz (R-Texas) led 13 Senate Commerce Republicans in introducing a resolution of disapproval under the Congressional Review Act (CRA) that would nullify a partisan FCC order that violates federal law, creates major risks for kids’ online safety, harms parental rights, and will increase taxes on working families.

As adopted, the Biden administration’s Wi-Fi Hotspot Order unlawfully expanded the Universal Service Fund (USF) to subsidize Wi-Fi hotspots for off-campus use by schoolchildren, despite the Communications Act clearly limiting the Commission’s USF authority to “classrooms.” This partisan order, strongly opposed by then-Commissioner Brendan Carr and Commissioner Nathan Simington, represents an overreach of the FCC’s mandate and poses serious risk to children’s online safety and parental rights. Unlike in a classroom or study hall, off-premises hotspot use is not typically supervised, inviting exposure to inappropriate content, including social media. Additionally, since the FCC does not require schools to obtain parental consent before distributing federally-subsidized hotspots, the program risks undermining parents’ ability to control the content their kids can access online. By shifting control from parents to schools, the order also heightens the risk of censoring kids’ exposure to conservative viewpoints—a trend recently already seen in many districts.

Further, the Biden FCC’s unlawful mission creep threatens to increase taxes on American families at a time when the USF contribution factor is already at a record high of 36%. The FCC’s order imposes no overall limit on the amount of federal dollars that can be expended on the hotspots, lacks mean-testing to target children who may not have internet at home, and allows for duplication of service in areas where the federal government is already subsidizing broadband. As a result, the order could strain the USF while increasing the risk of waste, fraud, and abuse.

“Every parent of a young child or teenager either worries about, or knows first-hand, the real dangers of the internet. The government shouldn’t be complicit in harming students or impeding parents’ ability to decide what their kids see by subsidizing unsupervised access to inappropriate content,” said Sen. Cruz. “I am proud to lead my colleagues in taking this critical step to reverse the Biden FCC’s overreach and put parents back in control of their children’s online access.”

Sens. John Thune (R-S.D.), Roger Wicker (R-Miss.), Deb Fischer (R-Neb.), Jerry Moran (R-Kan.), Marsha Blackburn (R-Tenn.), Todd Young (R-Ind.), Ted Budd (R-N.C.), Eric Schmitt (R-Mo.), John Curtis (R-Utah), Tim Sheehy (R-Mont.), Shelley Moore Capito (R-W.Va.), and Cynthia Lummis (R-Wyo.) are original co-sponsors of the CRA Joint Resolution.

Background:

Sen. Cruz has long led the fight to protect kids online and protect parents’ abilities to restrict what internet content their kids can access. In April 2024, Sens. Cruz, Marsha Blackburn (R-Tenn.), Mike Braun (R-Ind.), Ted Budd (R-N.C.), James Lankford (R-Okla.), Cynthia Lummis (R-Wyo.), and Pete Ricketts (R-Neb.) filed an amicus brief opposing the Biden administration’s decision to expand the FCC’s E-Rate program to fund Wi-Fi on school buses. Parents previously sounded alarms about the federal government subsidizing children’s unsupervised access to social media sites, like TikTok and Instagram, on bus rides to and from school.

In October 2023, Sen. Cruz introduced The Eyes on the Board Act, which was supported by Sens. Ted Budd (R-N.C.), Shelley Moore Capito (R-W.Va.), and John Fetterman (D-Pa.). The bill would require schools receiving federal broadband funding through the E-Rate program to block access to distracting and addictive social media apps or websites on subsidized services, devices, and networks.

In September 2023, Sen. Cruz and House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) sent a letter to the newly sworn-in FCC Commissioner, Anna Gomez, urging her to oppose former FCC Chairwoman Rosenworcel’s plan to expand the E-rate program beyond school classrooms and libraries.

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