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To Washington Notes 
Index    December 1998
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, 1998.
If you use excerpts, credit ISTE.


Contents

---------------------------------------


To 
Top E-Rate Money to Schools and Libraries Starts Flowing ---------------------------------------

Two waves of the long-awaited commitment letters for the E-rate program were finally sent out in the last few weeks. The first wave of letters went out on November 23, with much fanfare. Vice President Al Gore and many members of Congress celebrated with parents, students, teachers and librarians at the Martin Luther King Jr. Memorial Library, in Washington, DC, the morning the first letters were sent out. Another wave has since been sent out, and three to four more waves will be in the mail in the near future. The Schools and Libraries Corporation received 30,000-plus applications for discounts in the 75-day application window. These requests for discounts on services received in 1998, when adjusted for the 18-month funding period established by the FCC in June, result in an estimated demand of $2.6 billion.

The first wave of E-Rate commitment letters committed over $73 million in discounts, $53,544,511.74 to telecommunications services, $14,473,324.24 to Internet access and $5,128,501.98 to internal connections. The "window" for the second year funding opened December 1, 1998, and is expected to remain open at least until mid-February.

To encourage participants in the second year of E-Rate, Bell Atlantic and the Education and Libraries Networks Coalition, (EdLiNC), have produced a videotape to help administrators take advantage of the program. 20,000 tapes were mailed out the week of November 23, to school districts and library systems across the country explaining the E-rate program administered by the Schools and Libraries Corporation.

The EdLiNC coalition has also prepared the "EdLiNC PR KIT" to help schools and libraries share their stories with national policy makers and the public. The coalition is encouraging E-Rate recipients to let lawmakers and the community know how the E-Rate will improve school and library services in your community and ensure that, in the future, the E-Rate is available for all school children and library users. There are four main components of the PR kit, a general memo, a sample letter to your members of Congress and other government officials, a sample op-ed for your local paper, and an action page filled with activities to promote the E-rate. (The Kit is still available via fax or mail by calling 1-800-941-8478; ask for "EdLiNC PR Kit.")

The Center for Media Education has released a brochure "Educating Your Child for the 21st Century: A Parent's Guide to the E-Rate" to involve parents in the E-Rate program. The brochure gives a short explanation of the program, answers eight questions parents might have about the E-Rate program. Can be downloaded at http://www.cme.org/cme, or by contacting tracy@cme.org.


To 
Top Distance Learning Proceeding Begins at the U.S. Copyright Office ---------------------------------------

Pursuant to copyright legislation adopted last session, the Register of Copyrights has undertaken a study on distance learning as it relates to copyright. Congress directed the Copyright Office to consult with copyright owners and educators and to submit recommendations to Congress on how to promote distance education through digital technologies, including interactive digital networks, while "maintaining an appropriate balance between the rights of copyright owners and the needs of users of copyrighted works." This legislation provided a six-month period for this task to be completed. As a first step, the Copyright Office has asked any and all parties with an interest in distance learning to file a brief statement of interest, by December 7, 1998. However, statements will be accepted after that time. For more information check at http://www.lcweb.loc.gov/copyright/fedreg/#new. There will also be a formal notice and comment period sometime in January. To make sure the Copyright Office has all the facts, ISTE is also posting a survey on its website. To participate go to http://www.iste.org.


To 
Top Technology Challenge Grants Awarded ---------------------------------------

On September 22, 1998 the Clinton Administration announced that 20 school district partnerships in 17 states will be awarded grants totaling $30 million to help provide the additional support to meet the challenge of preparing new teachers, and supporting existing ones, to teach effectively using technology. The Technology Innovative Challenge Grant Program serves as a catalyst for positive change for schools. It supports educators, industry partners, communities, parents, and others who are using new technologies to help bring high quality education to every classroom and neighborhood. The list of grantees can be found at: http://www.ed.gov/PressReleases/09-1998/ticg98.html.


To 
Top FCC Sets Public Interest Access Rules for Direct Broadcast Satellite ---------------------------------------

In 1992, Congress passed legislation establishing public interest obligations for direct broadcast satellite ("DBS") providers. On November 25, 1998 the FCC released its ruling on the issue. The FCC will require DBS licensees to reserve four percent of their channel capacity exclusively for "noncommercial programming of an educational or informational nature". For the most part, DBS providers will retain control over which programmers have access to the set aside. The International Society for Technology and Education and the Consortium for School Networking submitted comments on these proceedings on October 8, which stated their strong interest in the development of educational capacity within satellite technology and their concern for the protection and expansion of that interest.


To 
Top Oral Arguments Heard on Universal Service Law Suit ---------------------------------------

On December 1, 1998 oral arguments were heard before the U.S. Court of Appeals for the Fifth Circuit in the challenge to the universal service provisions of the federal 1996 telecommunications law. The case, Texas Office of Public Utility Counsel, et al. v. FCC, was filed over a year ago by a group of phone companies and others, including SBC and GTE, who were seeking to strike down key aspects of the Federal Communication Commission's Universal Service Order. Lawyers for the opponents argued, among other things, that internal connections and Internet service provided by the E-Rate were beyond the scope of the law. The FCC and the EdLiNC Coalition argued in favor of Universal Service program. The Court's decision in this case will be critical in determining the future of universal service, particularly the E-rate.


To 
Top Bell South Withdraws from Lawsuit ---------------------------------------

On November 24, 1998, one week before oral arguments were heard in the universal service law suit, BellSouth withdrew from its appeal of the Federal Communication Commission's Order on Universal Service. BellSouth was one of three phone companies to file the joint appeal in August, 1997. Bill Barfield, BellSouth's associate general counsel, stated "...we think that it is in the best interest of our business and our customers to withdraw this appeal." The International Society for Technology in Education and the Consortium for School Networking jointly sent a letter to BellSouth thanking the company for its foresight and leadership. Others interested in doing the same should address their letters to Duane Ackerman, CEO, BellSouth, 675 West Peachtree Street, NE, Suite 4500, Atlanta, GA, 30375.


To 
Top Library Filtering Policy Struck Down by District Court ---------------------------------------

On November 23, Judge Brinkema, a Virginia federal district court judge, issued a summary judgement striking down the Internet use policy adopted by the Loudoun County, Virginia Library Board. The policy adopted by the library board required that "Site-blocking software (software that blocks by site, rather than by suspect-word category) will be installed on all computers," including all those accessed by adults. As the first case of its kind, it set a precedent for Internet access in public libraries across the United States. Ruling the policy unconstitutional in every respect, Brinkema's 48-page opinion concluded that the Board's policy "offends the guarantee of free speech in the First Amendment."


To 
Top Copyright Office Calls for Interim Designations ---------------------------------------

The Digital Millennium Copyright Act of 1998 amended the copyright law to provide limitations for on-line service provider liability relating to copyrighted material posted on their networks. More specifically, the law relieves ISPs and OSPs, including those run by schools and libraries, from liability for the copyright violations of network users. To be eligible for the liability limitations service providers must first designate an agent to receive notifications of claimed infringement. Contact information for that agent must be registered with the Copyright Office and posted on a publicly accessible website. To find out more about the Interim Designation look online at http://lcweb.loc.gov/copyright.

Prepared by Leslie Harris
On behalf of the International Society for Technology in Education

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