ALAWON v4n57 (June 14, 1995) URL = http://hegel.lib.ncsu.edu/stacks/serials/alawon/alawon-v4n57 ****Begin File******************Begin File*******************Begin File**** *************************************************************************** ISSN 1069-7799 ALAWON ALA Washington Office Newsline An electronic publication of the American Library Association Washington Office Volume 4, Number 57 June 14, 1995 In this issue: (178 lines) TELECOMMUNICATIONS BILL, S. 652, DEBATED ON SENATE FLOOR *************************************************************************** TELECOMMUNICATIONS BILL, S. 652, DEBATED ON SENATE FLOOR The Senate has begun floor debate on S. 652, the Telecommunications Act of 1995. After introduction and floor statements on June 7, full debate began on June 8. One of the first issues debated was the Snowe-Rockefeller- Kerrey-Exon (SRKE) amendment after Senator John McCain (R-AZ) made a motion-to-strike the amendment from S. 652. The Snowe-Rockefeller-Kerrey-Exon amendment provides for affordable rates for schools, libraries and rural healthcare providers to advanced telecommunications services. The provision was saved from McCain's motion- to-strike when Senator Olympia Snowe (R-ME) moved to table the motion. Her motion-to-table passed 58 YEAS to 36 NAYS, thus leaving a revised Snowe- Rockefeller-Kerrey-Exon amendment in the bill. (_Congressional Record_, Vol. 141, No. 93, June 8, 1995 S7971-7990). Sen. McCain advocated for his motion-to-strike the school-library provision using the following arguments: 1) that it is an unfunded mandate; 2) that states are already giving these rates; 3) that the rate provisions should have a means test; 4) that there has been no assessment of how much this entitlement will cost; and 5) there are huge loopholes which could allow abortion clinics to apply as medical facilities or law libraries that are part of law firms. The language of the Snowe-Rockefeller-Kerrey-Exon amendment that is now under consideration is slightly different than was reported out of the Commerce Committee. It reads as follows: Section 310 (2) EDUCATION PROVIDERS AND LIBRARIES. -- All telecommunications carriers serving a geographic area shall, upon a bona fide request, provide to elementary schools, secondary schools and libraries universal services (as defined in Section 253) that permit such schools and libraries to provide or receive telecommunications services for educational purposes at rates less than the amounts charged for similar services to other parties. The discount shall be an amount that the Commission and the States determine is appropriate and necessary to ensure affordable access to and use of such telecommunications by such entities. A telecommunications carrier providing service pursuant to this paragraph shall be entitled to have an amount equal to the amount of the discount, treated as a service obligation described in section 253 (d) that is considered as part of its obligation to contribute to universal service under section 253(c). (_Congressional Record_, Vol. 141, No. 92, June 7, 1995, S. 7932) Also added to section 310 was the following: (e) TERMS AND CONDITIONS. -- Telecommunications services and network capacity provided under this section may not be sold, resold, or otherwise transferred in consideration for money or any other thing of value. Senator Olympia Snowe (R-VT), speaking in favor of the amendment she sponsored, argued that the SRKE provision merely extends the concept of universal service, which is already in the Communications Act of 1934, to schools, libraries, and rural hospitals. The term "incremental cost-based rates" which was in her original amendment, was changed to the "discount rate" following continued efforts from the regional Bell operating companies continued criticisms of the incremental cost-based rates language. Snowe said: In the case of schools and libraries the discount is an amount necessary to ensure affordable access to telecommunication services for educational purposes. By changing the basis for the discount from incremental cost to an amount necessary to ensure an affordable rate, the Federal-State joint board in conjunction with the FCC and the States have some flexibility to target discounts based on a community's ability to pay. (_C.R._ June 8, S7983-84) She emphasized that essential telecommunications providers will get reimbursements and can recoup the costs of the discounts given to these public entities from the universal service fund. Her statement reflects the inclusion of alternative language inserted via a mechanism termed a "managers' amendment". Others speaking in favor of the SRKE amendment included Senators John Rockefeller (D-WV), Jim Jeffords (R-VT), Robert Kerrey (D-NE), Robert Byrd (D-WV), and Charles Robb (D-VA). Sen. John Rockefeller (D-WV) used library examples several times during his floor statements: Let me share one story about West Virginia. It has to do with the West Virginia Library Commission, which is a very aggressive group. They have very aggressively worked for years to develop the network, and they recently won a Federal grant to provide computers for over 150 libraries in our State. Our State commission is currently investing in that equipment and training for every library to be linked to the Internet. But each library must pay for its own telecommunications link, and they cannot...So that is taking the students of Pocahontas County, W Va, and condemning them to second-class citizenship in terms of going into a library or the adults who want to improve themselves through library services. They are struggling financially. They cannot match. They cannot pay what they would be required to pay. (_C.R._ June 8, S7973-74) Sen. Jeffords argued against motion-to-strike as well: ...So I urge you very strongly, if you believe as I do that education is so critical and important to the future of this Nation, the one best thing you can do right now is to vote against the McCain amendment and make sure provisions are in here to assist our country, to be able to elevate our educational system on a fast track instead of the slow, slow snailpace process we are undergoing now. (_C.R._ June 8, S7988) Sen. Kerrey also articulated many good arguments supporting the discount rate for schools, libraries and rural healthcare providers. At one point he said: We are not asking for a bailout. Schools are still going to have to put a ton of money in software, a tone of money in hardware. They are going to still have to make a good-faith effort and contribution in order to make this work. This is not a subsidy that is unreasonable. It is a subsidy that is not only quite reasonable but it is a savings. If we do not provide it, we are going to lose a tremendous opportunity to bring education technology to our children... (_C.R._ June 8, S7986) After lengthy debate, Sen. Snowe moved to table Sen. McCain's motion-to- strike. Her motion passed with 58 YEAS and 36 NAYS. Debate continues on this complex bill. S. 652 is complex legislation with many provisions yet to be addressed including cross ownership, foreign ownership and other issues. Still pending is the Exon-Gorton "Communications Decency Act Amendment" which raises serious First Amendment questions in the electronic environment; it may be debated today or tomorrow. Although nothing is definite until the final vote, the SRKE amendment appears to have prevailed. It has come this far because of major grassroots support. Appreciation to all supporters who worked hard to communicate the importance of this rate provision for schools and libraries to their Senators. Watch for more reports as the debate continues. *************************************************************************** *************************************************************************** ALAWON (ISSN 1069-7799) is an irregular publication of the American Library Association Washington Office, 110 Maryland Avenue, N.E., Washington, DC 20002-5675. Internet: alawash@alawash.org; Phone: 202-547-4440; Fax: 202-547-7363. Editor: Lynne E. Bradley (leb@alawash.org). 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