****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 34 April 14, 1995 In this issue: (215 lines) TELECOMMUNICATIONS BILL FACES TOUGH SENATE FIGHT: IMMEDIATE ACTION NEEDED ON LIBRARY-RELATED PROVISIONS SEN. LEAHY SPONSORS MEDIA STUDY BILL AS ALTERNATIVE TO CENSORSHIP THREATS FCC FAILS TO SUPPORT CONNECTIVITY PROPOSAL FOR SCHOOLS AND LIBRARIES SENATE FINALIZES RESCISSION BILL; CONFERENCE COMMITTEE TO CONVENE *************************************************************************** TELECOMMUNICATIONS BILL FACES TOUGH SENATE FIGHT IMMEDIATE ACTION NEEDED ON LIBRARY-RELATED PROVISIONS The Telecommunications Competition and Deregulation Act of 1995, S. 652, is expected to be vigorously debated when the Senate returns the week of April 24. The bill, which is part of the 104th Congress' effort to modernize the Communications Act of 1934, will be one of the first agenda items to be considered. Two amendments in S. 652 are critically important to libraries: * The Snowe-Rockefeller amendment supports access to the NII for schools, libraries and rural healthcare providers. * The Exon-Gorton amendment raises grave issues about freedom of speech and privacy which should not be addressed in S 652. BACKGROUND: As previously reported in ALAWON (Volume 4, Nos. 28, 30 and 32, March 23, 29 and 31) the Senate Commerce Committee conducted a bill mark up on March 23. At that time Senators Olympia Snowe (R-ME) and Jay Rockefeller (D-WV) cosponsored an amendment to support access for public schools, libraries, and rural healthcare providers; it passed by a narrow roll call vote of 10-8 in the committee. Other amendments added at the mark up included the incorporation of S. 314, Senators James Exon's (D-NE) and Slade Gorton (R-MT) bill - the Communications Decency Act of 1995 - into the larger telecom. bill. The Snowe-Rockefeller amendment would require access onto the information superhighway for public schools, libraries and rural healthcare providers. On Capitol Hill, amendment supporters report that major parts of the telecommunications industry are fighting this provision strongly because they see it as requiring a "give away". The amendment actually provides for affordable or "incremental-cost rates" for the eligible public entities to be connected. This is NOT a request for a free ride - nor is it a tax or subsidy. Incremental cost-based rates would require the eligible entities to pay for the costs of extending telecom. services to their facilities. This amendment reflects the importance of the public's access through the nation's K-12 public schools and libraries, as well as rural healthcare providers, to advanced telecommunications, a goal repeatedly stated by members of both political parties. This is a critical provision that should remain in S. 652. Sen. Conrad Burns (R-MT) has raised other questions about the school/library/healthcare amendment. It is reported that one of his concerns is about abortion information being available through the eligible healthcare providers. The Communications Decency Act of 1995 was added as an amendment to S. 652 by Sens. Exon and Gorton. Their amendment would expand prohibitions regarding "obscene" messaging in telephony to all telecommunications facilities. This section raises grave First Amendment questions. Telecommunications service providers would not be held responsible for the transmission of "obscenity, harassment", etc. New language in this section would make the originator/author of an "obscene message" liable. Library supporters should advocate to have the Exon-Gorton amendment completely removed from S. 652. It is not appropriate or necessary to proceed with a First Amendment debate of this nature amidst the larger telecommunications issues. There is now an alternative for dealing with this question in a proposal by Sen. Patrick Leahy (D-VT). (see below) IMMEDIATE ACTION NEEDED: Library associations, state library agencies, librarians and other library supporters are asked to phone, write letters or send email, where possible, to their senators. While ALA has not taken an overall position on S. 652, senators should be asked to support the Snowe-Rockefeller amendment on library and related public access to the NII and to remove the Exon "Decency Act amendment". S. 652 is not the appropriate venue for discussion of such a critical Free Speech issue. The Congressional Spring recess is an opportunity to connect with senators and representatives in their home states and districts. Check local constituent offices for senators' and representatives' schedules to find out about how and where library supporters could make contact. Library groups are also asked to send or fax letters of support to Sens. Snowe and Rockefeller as well as their own senators with examples of current NII applications in their districts and/or documenting the needs to be served by access to the information superhighway. *************************************************************************** SEN. LEAHY SPONSORS MEDIA STUDY BILL AS ALTERNATIVE TO CENSORSHIP THREATS Sen. Patrick Leahy (D-VT) introduced an alternative to the Exon-Gorton Communications Decency Act on April 7. S. 714, the Child Protection, User Empowerment, and Free Expression in Interactive Media Study Bill, directs the Department of Justice, in consultation with the Commerce Department, to conduct a study to address technical means for empowering users to control information they receive over interactive communications systems. Senators Robert Kerrey (D-NE) and Herbert Kohl (D-WI) are cosponsors. In introducing this legislation, Leahy emphasized that ways must be found that do not invite invasions of privacy or lead to censorship of private online communications. Major support for the Leahy initiative will be necessary in the coming weeks for it to replace the Exon-Gorton proposal. *************************************************************************** FCC FAILS TO SUPPORT CONNECTIVITY PROPOSAL FOR SCHOOLS AND LIBRARIES The Federal Communications Commission (FCC) failed to support the proposal made by a coalition of national library and education associations to connect schools and libraries to the NII. ALA and the other national education groups in the coalition have sharply criticized the FCC for rejecting the proposal that was made as part of the price cap regulatory proceedings the FCC has been conducting. Education coalition leaders say the April 7 decision means the FCC strayed from its original stated intent to encourage proposals that would modify the existing price cap rules in ways that would speed "development of a ubiquitous, national information infrastructure." Arthur Curley, president of the American Library Association, explained, "The need for connectivity couldn't be clearer. A recent study by the Administration's own Department of Education showed that while 35% of public schools have access to the Internet, only 3% of all classrooms in public schools are connected to the Internet. A similar study by the U.S. Commission on Libraries and Information Science found that only 21% of public libraries are connected and only 11% of small rural libraries are connected. Budget constraints, lack of equipment and lack of funding are the barriers." "Our proposal was an innovative approach to meeting the Nation's goal of connecting classrooms and libraries to the National Information Infrastructure by the year 2000." said Gordon Ambach, executive director of the Council of Chief State School Officers. "It is difficult for us to understand why the FCC didn't take this opportunity to advance services to children." Tom Shannon, executive director of the National School Boards Association, remarked, "The FCC must be aware of the rescission that our schools and libraries are facing on the Hill. Funding was difficult before; it's now a national crisis. We have to look to creative proposals like ours to help private industry wire our classrooms and libraries." The National Education Association and the National Association of Secondary School Principals are also coalition members. Endorsements of the proposal were sent to the FCC from 35 other educational and library associations, nationally-known educators, and members of Congress. ALA appreciates the many endorsement letters from library associations and other supporters in this effort. The coalition intends to continue to make proposals in this area and ALAWON will report on how the coalition will be proceeding. *************************************************************************** SENATE FINALIZES RESCISSION BILL ACTION NEEDED Thanks to the quick work by library supporters and with much help from Senate library champions, like Senator Mark Hatfield (R-OR), the final rescission bill approved by the Senate on April 6 did NOT include the Dole proposed cut of $10 million from library programs. The Higher Education Act library education and training cut remains at $2.9 million. Thus when House and Senate conferees meet, the Senate figures are the best for library programs at $2.9 million, as opposed to House cuts of $26.7 million. ACTION NEEDED: This House-Senate conference will be a top-priority item when the House and Senate return. The House is scheduled to return on May 1; the Senate will return on April 24. Library supporters should contact representatives and senators while they are in their home districts and request their support for the Senate version of HR 1158. [NOTE: ALAWON appreciates the comments to correct the proposed rescission figures, such as the Dole amendment, being considered during the Senate rescission process. It should be noted that the online source, THOMAS, used a different figure than the printed _Congressional Record_. When in doubt, ALAWON office will use the printed document from official sources.] *************************************************************************** *************************************************************************** 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. Contributing to this issue: Mary R. Costabile; Editor: Lynne E. 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