ALAWON v4n34 (April 14, 1995)
URL = http://hegel.lib.ncsu.edu/stacks/serials/alawon/alawon-v4n34

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                                                             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
 
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             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.
 
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 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.
 
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   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.
 
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                     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.]
 
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ALAWON (ISSN 1069-7799) is an irregular publication of the American Library
Association Washington Office, 110 Maryland Avenue, N.E., Washington, DC
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Fax: 202-547-7363.  Contributing to this issue:  Mary R. Costabile; Editor:
Lynne E. Bradley (leb@alawash.org).
 
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