On June 18, 2025, The Supreme Court issued a decision in the NRC v. Texas case. The main dispute was whether individuals who did not participate in a federal agency’s decision-making process have the right to file a lawsuit to challenge that decision. The Court ruled that entities who were not parties to an agency’s proceedings are not entitled to obtain judicial review under the Hobbs Act. Although this case was not about the E-Rate program or school bus Wi-Fi, the ruling could potentially weaken the legal arguments in a separate lawsuit, Molak v. FCC, which challenges the FCC’s authority to use E-Rate funds for school bus Wi-Fi.
How This Potentially Affects Bus Wi-Fi
In 2022, the FCC proposed expanding its E-Rate program to include Wi-Fi on school buses. The FCC recognized that millions of students, especially those in rural areas, spend hours commuting and often lack reliable internet at home. After a period for public input, the FCC finalized and adopted this Rule in October 2023.
In December 2023, Petitioners Maureen and Matthew Molak filed a lawsuit challenging the legality of using federal funds from the E-Rate program to support internet access on school buses. The Petitioners did not file any comments or make any submissions during the Commission’s consideration of the Ruling, and they did not request a review by the FCC after the Ruling was adopted. The Petitioners argue that they are an aggrieved party under the ruling because they indirectly pay for their telecommunications provider’s E-Rate contribution through their service charges.
The recent NRC v. Texas decision clarifies that individuals who did not engage in a federal agency’s review process have limited ability to challenge this in court. Since the Molaks did not participate in the FCC rulemaking process, it should follow that they do have the ability to challenge the decision in court.
What This Means Moving Forward
Molak v. FCC case remains open in the Fifth Circuit of the U.S. Court of Appeals. The FCC filed a motion to dismiss the lawsuit in back in February 2024, and now based on the new Supreme Court precedent, a dismissal looks more likely. If the court agrees with the FCC, it would clear the way for E-Rate funding to fully support school bus Wi-Fi, which is promising news for students across the country who depend on their commute to stay on top of the their schoolwork.
The Bottom Line
A recent Supreme Court ruling on an unrelated case could have a major impact on student connectivity. The decision in NRC v. Texas could potentially help protect initiatives like school bus Wi-Fi from legal challenges, ensuring that more students have reliable internet access during their commute to and from school.
