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To Washington Notes 
Index    December 1997
News of U.S. Educational Technology Policy and Legislation provided by the International Society for Technology in Education.
Compiled, written, and edited by Phil Ugelow, Leslie Harris, and Adeena Colbert.
Copyright ISTE, 1997.
If you use excerpts, credit ISTE.


Contents

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School And Library Corporation Releases E-Rate Information ---------------------------------------

In mid- November, the School and Library Corporation released two important documents designed to help applicants get ready to apply for Universal Service Discounts.(Electronic copies of these documents are available at http://www.edlinc.org/discounts. The first document entitled " Nine Steps You Can Take Now to Prepare for the Schools and Libraries Universal Service Program" outlines the information that will be needed to complete the first two forms which should be available later in December. The second, "Questions and Answers on Implementation of the Universal Service Program for Schools and Libraries" provides answers about the application process, including the 75 day "window " during which all applications will be treated equally .In a letter that accompanied the documents, School and Library Corporation CEO Ira Fishman pledged to provide " open and regular communications with all those interested in the universal service program" and to " take the extra step to ensure that all schools and libraries regardless of financial resources or geographic location, have the opportunity to participate in the program." Significantly, he reported that the week of January 12th appeared to be the earliest that the SLC web site will be up and running and applications will be accepted. A Client Service Support System that will include a telephone hotline to provide full guidance on the application process is also being established.


Key Members Of Congress Criticize The Universal Service Program ---------------------------------------


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While the School and Library Corporation moves forward to implement the universal service program, several key members of Congress have expressed strong disapproval of some aspects of the FCC's plan for schools and libraries. In particular , Senator Ted Stevens (R- Alaska), Senate Appropriations Committee Chair and a key member of the Senate Commerce Committee, Rep. Tom Bliley (R-Va.), Chair of the House Commerce Committee and Sen. Conrad Burns (R- Montana), Chair of the Senate Commerce Communications Subcommittee have raised questions about the FCC's creation of separate corporations to run the school and library and rural health programs, as well as the administrative process established to run the programs.

At the same time, a separate controversy has emerged over the formula for charging long distance companies for their contributions to the fund. The FCC is expected to delay contributions to the fund for thirty days while Congress, the FCC and the industry negotiate. One key question is whether industry costs may be passed along to the consumer and if so, how these charges will be identified on customers' bills. The long distance carriers are threatening to pass along all costs and to specifically identify the schools and libraries program as the source of the charge. Congressional leaders oppose such a move and argue consumers were never intended to pay for universal service for schools and libraries. The dual controversies are viewed by many inside the FCC as the most serious threat to the universal service program and to the 1996 Telecommunications Act that has yet emerged. The seriousness of the controversy was reflected in a recent opinion piece in the Washington Post by James Glassman of the American Enterprise Institute titled "A New Tax for the New Year" in which the author warns of a 4-5% tax on telephone bills to pay for universal service programs criticizes and blames Congress, the Vice President and the Federal Communications Commission for trying to hide the cost of universal service in phone bills. Much of the controversy stems not from a fundamental disagreement with the universal service program itself, but with unhappiness with the FCC s unwillingness to dramatically lower long distance access charges. While this dispute is being resolved, its important to remind members of Congress of the value of the new universal service program to your school and your community.


Lawsuit Over Universal Service Proceeds In Federal Court ---------------------------------------

Despite hopes that SBC and the other plaintiffs who have challenged universal service in the 5th Circuit Court of Appeals might back away from their legal challenge, the Court has set a schedule for submission of briefs in the case. SBC , the other petitioners and supporting intervenors must file initial briefs in late February and March , while the FCC and its intervenors, including the EdLinc coalition, must file initial briefs in April. The Court is discouraging multiple briefs and encouraging "alliances" among those with similar views.


Clinton Signs Significant Increase In Education Spending ---------------------------------------

President Clinton signed the FY 1998 Labor, HHS, and Education appropriation bill into law in November, marking a significant increase in spending for educational technology. The appropriation includes a total of $584,035,000 for education technology programs including the Technology Literacy Challenge Fund, the Technology Innovation Challenge Grants, Star Schools, Ready to Learn TV, $30 million in new money for professional development and a Telecommunications Demonstration Project for Mathematics. The appropriations committee left it up to the Department of Education to determine how the funds would be divided among these six programs, with the exception of $30 million designated for the new teacher training program.

In signing the bill the President noted that,"Congress and the United States of America have answered the call. When I sign this bill into law, I will have the privilege of signing into the record books what is plainly the best year for American education in more than a generation...The bill takes significant steps to ensure that every 12- year-old can log onto the Internet. This measure nearly doubles ... our national investment in education technology. It puts us well on the way to connecting every classroom and library to the information superhighway by the year 2000,... ( and ) provides investments to make sure that our teachers have the training they need to maximize the use of this new technology".


Digital Copyright Legislation Introduced In The House ---------------------------------------

Following on the heels of the introduction of digital copyright legislation in the Senate earlier in the fall, Rep. Rick Boucher (D-Va.) and Tom Campbell (R- Calif.) introduced the Digital Era Copyright Enhancement Act of 1997 (H.R. 3048), to update the U.S. Copyright Act for the electronic networked environment. The bill would amend the Copyright Act to make clear that the needs of both information proprietors and consumers must be protected. Significantly, the bill would protect the information rights of the education community by extending the fair use doctrine into the digital environment and assuring that educators engaged in distance learning may use computer networks to remotely distribute a variety of materials directly related to a defined curriculum to students . In remarks accompanying introduction of the legislation, Rep. Campbell stated," Educators should be able to use computers in the same way they currently use televisions to foster distance learning..." Rep. Boucher noted that the legislation, " provides an historic opportunity to... to modernize our copyright law in a way that will spur creativity, advance frontiers of education , and promote technological innovation. For more information concerning this legislation and the coalition of groups working on it, including ISTE, contact www.dfc.org


Senator Coats Introduces Successor Legislation To The Communications Decency Act ---------------------------------------

With little fanfare, Sen Dan Coats ( R- Indiana), introduced new legislation designed to keep inappropriate materials away from minors in cyberspace. The legislation, S.1462 , intended to respond to the Supreme Court's criticism of the Communications Decency Act, requires commercial web providers to block minor's access to material that is deemed to be "harmful to minors." The legislation and other legislative responses to Internet porn are expected to be debated next year. The question of how schools and libraries should respond to inappropriate content is expected to one question of interest to Congress. For the Senator's introductory remarks, go to www..thomas.loc/gov., Congressional Record, Nov.8,1997, S12146.


Deal Struck On Universal Service Implementation ---------------------------------------

(Courtesy of the National Exchange Carrier Association)

FCC Chairman William Kennard announced yesterday that universal service funding for schools and libraries and rural health care facilities will be cut by about 1/3 for the first half of 1998. Kennard said the initial contributions are being scaled back so the programs are not *overfunded.* Meanwhile, Commerce Committee Chairman Bliley suggested the FCC delay implementing the new universal service programs until the FCC can fully assess the impact on ratepayers.

Under the revised plan, $625 million will be collected in the first half of 1998 for the schools and libraries fund and $50 million for the rural health care fund. Kennard said the funding caps will remain at the original levels until the FCC determines how much funding will be needed for the second half of 1998. The Commission is expected to issue an Order today outlining carrier contributions based on the new figures.

Meanwhile, MCI has stated that it does not plan to itemize the universal service costs on residential phone bills for the first six months of 1998 and AT&T is likely to follow suit. Businesses, however, would see the cost of the contribution itemized.


Note: The cut back is only in the amount that the carriers have to contribute in the first two quarters. The cap of 2.25 billion has not been reduced at this time and probably won't if the demand for discounts is high.


Telecom Discount Application Forms Released By The Schools And Libraries Corporation ---------------------------------------

On December 11, 60,000 applications for the e-rate program were mailed out by the Schools and Libraries Corporation, the non-profit organization established by the Federal Communications Commission to administer the universal service program.The SLC expects to make the Forms 470 and 471 and their accompanying pages of instructions available on the National Exchange Carrier Association Web site at www.neca.org during the week of December 15.The SLC has established a toll-free number (888/203-8100) and an e-mail address (question@slcfund.org) to respond and provide more information . The current estimated date for formally beginning the program with the activatioon of the website is no earlier than the 12th of January, 1998.

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