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January 1998
News of U.S. Educational Technology Policy and Legislation
provided by the
International Society for Technology in Education.
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Compiled, written, and edited by
Phil Ugelow,
Leslie Harris, and
Adeena
Colbert.
Copyright ISTE, 1998.
If you use excerpts, credit ISTE. |
Contents
FCC Releases Fourth Order on Universal Service
On December 30th, the Federal Communications Commission released its
Fourth
Order on Reconsideration of its previous Universal service orders. In
that order,
the Commission addressed a number of important issues that needed to
be resolved
before the new school and library universal service program begins.
The entire
order can be downloaded at the FCC Web-site(fcc..gov). From the FCC
homepage,
go to the Common Carrier bureau and then to orders.The order number is
fcc97420.
The order includes a number of important new interpretations and
clarifications
of the Universal Service Order that should be carefully reviewed
before universal
service applications are filed. Among other things, the order:
- confirmed that independent schools and other eligible entities
whose states
are unable or unwilling to review technology plans may apply
directly to the
School and Library Corporation for review and certification. Forms
470 and
471 may be submitted by these entities before final approval of
technology
plans, but approval must be complete before discounts can be
received (S 157
- 158).
- held that State Telecommunication Networks that procure supported
telecommunications
and make them available to schools and libraries constitute
consortia that
will be permitted to secure discounts on such services on behalf of
members.
A state network itself does not qualify for discounts and are not
eligible
to receive direct reimbursement for discounts from the Universal
Service Fund
for Telecommunications Services (S 183-189). With respect to
Internet Access
and internal connections, state networks may choose to provide those
services
and receive direct reimbursement from the Universal Service Fund.
Eligible
schools and libraries will be required to seek competitive bids for
all services
before they can select a state telecommunication network as their
provider
of Internet service or internal connections, (S - 192).
- found that the cost of purchasing Wide Area Networks will not be
eligible
for universal service discounts because WANs are neither a
telecommunication
service nor internal connections (S 193).
- determined that the discount price of an eligible service should
be based
on the price offered to the purchasing school or library before any
state
universal service support is applied (S 194-198).
- decided that the applicable discount rate for services that will
only be
used by an individual school within a school district or consortium
should
be that school's discount rate. Services that are shared (that is,
"cannot
without substantial difficulty" be identified with particular
users or
be allocated directly to particular entities) may use an average
discount,
but the school district or consortia must certify that each
individual consortium
member will receive a proportionate share of the shared services
within each
year in which the institution is used to calculate the aggregate
discount
rate (S 199-206).
- limited eligibility for internal connections to the instructional
buildings
and those that are "essential to providing connections within
instructional
buildings." Discounts are not eligible for such connections in
non- institutional
buildings used by a school district unless those internal
connections are
"essential for the effective transport of information within
instructional
buildings." Internal connections (eligible for discounts)
include connections
between or among multiple instructional buildings on one campus, but
not connections
between instructional buildings located on different campuses (S
208-210).
- redefined existing contract to include a contract of any duration
signed
on or before July 10, 1997. Existing contracts are exempt from
competitive
bid requirements for the life of the contract and are eligible for
discounts
for the entire term. Contracts signed after July 10, 1997 and before
the date
that the school and library corporation Web-site is operational will
only
be eligible for support provided through December 31, 1998. Service
provided
under a state master contract will qualify as an existing contract
if the
state master contract was signed before July 10, 1997. Schools and
libraries
that have existing contracts will be required to file applications
for discounts
each year. Approval of discount in one year does not guarantee
support in
subsequent years.(S 211) held that minor modifications to contracts
that do
not need to be rebid under state or local procurement processes do
not need
to be posted for competitive bids on the School and library
Corporation Web-site.
Modifications that must be rebid under state and local law must
comply with
the universal service bid process. If state or local law is
inapplicable,
the order adopts a "cardinal change doctrine" which looks
at a number
of factors to determine whether the modified work is
"essentially the
same as that for which the parties contracted."(S 223-229)
clarifies
that eligible schools and libraries can purchase services from a
master contract
negotiated by a third party provided that : 1) the master contract
has complied
with the universal service competitive bid requiremen; or 2) the
master contract
qualifies as an existing contract.;or 3) the eligible entity first
complies
with the universal service bid requirements before choosing to
purchase from
the master contract.(S 230)
SLC Issues Tech Planning Procedures Plus User FAQs
Policies and procedures are now available to help schools and
libraries who
don't yet have a technology plan meet that part of the application
requirements
for the Universal Service Program ("E-rate"). To receive
discounts
on telecommunications technology under this program, schools and
libraries must
have an approved technology plan that includes clear goals and
realistic strategies
for integrating technology, including professional development and an
evaluation
process. The Schools and Libraries Corp. (SLC), adminstrator of the
E-rate program,
now has a detailed policies/procedures document available for all
schools and
libraries who have yet to develop an approved plan; those with
approved plans
already in place (such as plans developed for Goals 2000 or state
technology
initiatives) will not need to create new plans. For a copy of the
Technology
Plan Policies/Procedures, call toll-free 888/203-8100.
SLC has also developed two extensive "Commonly Asked
Questions"
documents to help schools and libraries answer their most pressing
inquiries
about applying for the Universal Service Program. One of these
documents is
based on questions fielded to date by the SLC hotline; the other
addresses specific
issues raised by the most recent FCC actions under the Fourth Order of
Reconsideration.
These documents are available at www.neca.org, or by
calling 888-203-8100.
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