****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 3, Number 11 March 8, 1994 In this issue: (224 lines) HOUSE SUBCOMMITTEE APPROVES TELECOMMUNICATIONS BILL - ACTION NEEDED *************************************************************************** HOUSE SUBCOMMITTEE APPROVES TELECOMMUNICATIONS BILL - ACTION NEEDED The House Telecommunications and Finance Subcommittee on March 1 approved an amended version of HR 3636, the National Communications Competition and Information Infrastructure Act of 1993. Chairman Edward Markey's (D-MA) substitute includes a new section that promotes the development of advanced telecommunications services for schools, public libraries, and health care facilities. The section could result in interstate preferential rates for such institutions. However, the section needs adjustment to include postsecondary institutions, to include the full range of public library service, to clarify that school library media centers should be connected, and to permit intrastate preferential rates. ALA and the Association of Research Libraries have recommended four strengthening and clarifying amendments in order to fully achieve the intent of the new Section 103, Telecommunications Services for Educational Institutions, Health Care Facilities, and Libraries: RECOMMENDATIONS 1. Add a definition of public libraries: The term means public libraries as defined in the Library Services and Construction Act, state library agencies, and the libraries, library-related entities, cooperatives, and consortia through which library services are delivered. Rationale: The library community has evolved creative, cooperative mechanisms to deliver services to all sectors of our diverse population. Congress must clarify that it intends the FCC to look at and encompass the full interconnected system of libraries and levels of service involved in public library service delivery. 2. Revise the definition of educational institutions to include postsecondary educational institutions, and track well-established federal definitions: The term "educational institutions" means elementary schools and secondary schools as defined in the Elementary and Secondary Education Act, and institutions of higher education as defined in the Higher Education Act. Rationale: One of the goals of connecting schools to the information superhighway is to connect students to larger libraries. By excluding libraries in postsecondary educational institutions from preferential rates, the bill sets up inefficient and unworkable distinctions among the conditions available to different parts of a resource sharing arrangement. 3. Clarify that the term "classroom" encompasses all areas and facilities where student learning takes place, including school library media centers. Rationale: School library media centers support the curriculum with information resources in all formats. Students learn through a variety of approaches and with a variety of learning materials and supplementary resources. The school library media center is an extension of the classroom and requires advanced telecommunications capability and equipment. 4. Specify that states may offer preferential rates, terms, and conditions for the intrastate provision of advanced telecommunications services for educational institutions, public libraries, and health care institutions. Rationale: Intrastate provision of advanced telecommunications services will be handled at the state public utility commission level. Some telephone companies or state PUCs have claimed to have no authority to provide preferential rates for educational institutions or libraries. Clarification on this point in the bill would stimulate provision of similar treatment at the state level. ACTION NEEDED: The parent House Energy and Commerce Committee will take up this bill the week of March 14. Other organizations and individual constituents of these members are urged to contact them immediately and ask them to support inclusion of the strengthening and clarifying amendments recommended by ALA/ARL. Representatives can be reached through the House telephone operator at 202-225-3121. HOUSE ENERGY AND COMMERCE COMMITTEE Democrats Republicans John D. Dingell, MI, Chairman Carlos J. Moorhead, CA Henry A. Waxman, CA Thomas J. Bliley, Jr., VA Philip R. Sharp, IN Jack Fields, TX Edward J. Markey, MA Michael G. Oxley, OH Al Swift, WA Michael Bilirakis, FL Cardiss Collins, IL Dan Schaefer, CO Mike Synar, OK Joe Barton, TX W. J. (Billy) Tauzin, LA J. Alex McMillan, NC Ron Wyden, OR J. Dennis Hastert, IL Ralph M. Hall, TX Fred Upton, MI Bill Richardson, NM Cliff Stearns, FL Jim Slattery, KS Bill Paxon, NY John Bryant, Tx Paul E. Gillmor, OH Rick Boucher, VA Scott L. Klug, WI Jim Cooper, TN Gary A. Franks, CT J. Roy Rowland, GA James C. Greenwood, PA Thomas J. Manton, NY Michael D. Crapo, ID Edolphus Towns, NY Gerry E. Studds, MA Richard H. Lehman, CA Frank Pallone, Jr., NJ Craig A. Washington, TX Lynn Schenk, CA Sherrrod Brown, OH Mike Kreidler, WA Marjorie Margolies-Mezvinsky, PA Blanche M. Lambert, AR TEXT OF SECTION. As approved by the subcommittee, the new section is as follows: Sec. 103. TELECOMMUNICATIONS SERVICES FOR EDUCATIONAL INSTITUTIONS, HEALTH CARE FACILITIES, AND LIBRARIES. Title II of the Communications Act of 1934 is amended by adding at the end the following new section: "Sec. 229. TELECOMMUNICATIONS SERVICES FOR EDUCATIONAL INSTITUTIONS, HEALTH CARE FACILITIES, AND LIBRARIES. "(a) PROMOTION OF DELIVERY OF ADVANCED SERVICES.--In fulfillment of its obligation under section 1 to make available to all the people of the United States a rapid, efficient, nationwide, and worldwide communications service, the Commission shall promote the provision of advanced telecommunications services by wire, wireless, cable, and satellite technologies to-- "(1) educational institutions; "(2) health care institutions; and "(3) public libraries. "(b) INQUIRY REQUIRED.--The National Telecommunications and Information Administration shall, within 180 days of enactment of this section, issue a notice of inquiry into the availability of advanced telecommunications services to educational institutions, health care institutions, and public libraries. The Administration shall complete proceedings on the notice of inquiry not later than 1 year after the date of enactment of this section. The Administration's inquiry shall seek to develop information concerning the availability of advanced telecommunications services. Such information shall include-- "(1) the number of educational institutions and classrooms, health care institutions, and public libraries; "(2) the number of educational institutions and classrooms, health care institutions, and public libraries that have access to advanced telecommunications services; and "(3) the nature of the telecommunications facilities through which such educational institutions, health care institutions, and public libraries obtain access to advanced telecommunications services. "(c) RULEMAKING REQUIRED.--Following completion of the inquiry proceeding required under subsection (b), the Commission shall prescribe regulations that-- "(1) enhance, to the extent technically feasible and economically reasonable, the availability of advanced telecommunications services to all educational institutions and classrooms, health care institutions, and public libraries by the year 2000; "(2) ensure that appropriate functional requirements or performance standards, or both, including interoperability standards, are established for telecommunications systems or facilities that interconnect educational institutions, health care institutions, and public libraries with the public switched telecommunications network; "(3) provide for the tariffing at preferential rates for interstate services used in the provision of advanced telecommunications services for educational institutions, health care institutions, and public libraries; and "(4) address such other related matters as the Commission may determine. "(d) DEFINITIONS.--For purposes of this section-- "(1) the term 'educational institutions' means elementary and secondary educational institutions; and "(2) the term 'health care institutions' means not-for-profit health care institutions, including hospitals and clinics.". *************************************************************************** *************************************************************************** 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: Carol C. Henderson (cch@alawash.org). All or part of ALAWON may be redistributed, with appropriate credits. ALAWON is available free of charge and is available only in electronic form. To subscribe, send the message "subscribe ala-wo [your name]" to listserv@uicvm (Bitnet) or listserv@uicvm.uic.edu (internet). 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