ALAWON v4n57 (June 14, 1995)
URL = http://hegel.lib.ncsu.edu/stacks/serials/alawon/alawon-v4n57

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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 57
                                  June 14, 1995

   In this issue: (178 lines)
     TELECOMMUNICATIONS BILL, S. 652, DEBATED ON SENATE FLOOR

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            TELECOMMUNICATIONS BILL, S. 652, DEBATED ON SENATE FLOOR

The Senate has begun floor debate on S. 652, the Telecommunications Act of
1995.  After introduction and floor statements on June 7, full debate began
on June 8.  One of the first issues debated was the Snowe-Rockefeller-
Kerrey-Exon (SRKE) amendment after Senator John McCain (R-AZ) made a
motion-to-strike the amendment from S. 652.

The Snowe-Rockefeller-Kerrey-Exon amendment provides for affordable rates
for schools, libraries and rural healthcare providers to advanced
telecommunications services.  The provision was saved from McCain's motion-
to-strike when Senator Olympia Snowe (R-ME) moved to table the motion.  Her
motion-to-table passed 58 YEAS to 36 NAYS, thus leaving a revised Snowe-
Rockefeller-Kerrey-Exon amendment in the bill.  (_Congressional Record_,
Vol. 141, No. 93, June 8, 1995 S7971-7990).

Sen. McCain advocated for his motion-to-strike the school-library provision
using the following arguments:  1) that it is an unfunded mandate; 2) that
states are already giving these rates; 3) that the rate provisions should
have a means test; 4) that there has been no assessment of how much this
entitlement will cost; and 5) there are huge loopholes which could allow
abortion clinics to apply as medical facilities or law libraries that are
part of law firms.

The language of the Snowe-Rockefeller-Kerrey-Exon amendment that is now
under consideration is slightly different than was reported out of the
Commerce Committee.  It reads as follows:

     Section 310 (2) EDUCATION PROVIDERS AND LIBRARIES. -- All
     telecommunications carriers serving a geographic area shall, upon
     a bona fide request, provide to elementary schools, secondary
     schools and libraries universal services (as defined in Section
     253) that permit such schools and libraries to provide or receive
     telecommunications services for educational purposes at rates
     less than the amounts charged for similar services to other
     parties.  The discount shall be an amount that the Commission and
     the States determine is appropriate and necessary to ensure
     affordable access to and use of such telecommunications by such
     entities.  A telecommunications carrier providing service
     pursuant to this paragraph shall be entitled to have an amount
     equal to the amount of the discount, treated as a service
     obligation described in section 253 (d) that is considered as
     part of its obligation to contribute to universal service under
     section 253(c).  (_Congressional Record_, Vol. 141, No. 92, June
     7, 1995, S. 7932)

Also added to section 310 was the following:

     (e) TERMS AND CONDITIONS. -- Telecommunications services and
     network capacity provided under this section may not be sold,
     resold, or otherwise transferred in consideration for money or
     any other thing of value.

Senator Olympia Snowe (R-VT), speaking in favor of the amendment she
sponsored, argued that the SRKE provision merely extends the concept of
universal service, which is already in the Communications Act of 1934, to
schools, libraries, and rural hospitals.  The term "incremental cost-based
rates" which was in her original amendment, was changed to the "discount
rate" following continued efforts from the regional Bell operating
companies continued criticisms of the incremental cost-based rates
language.  Snowe said:

     In the case of schools and libraries the discount is an amount
     necessary to ensure affordable access to telecommunication
     services for educational purposes.  By changing the basis for the
     discount from incremental cost to an amount necessary to ensure
     an affordable rate, the Federal-State joint board in conjunction
     with the FCC and the States have some flexibility to target
     discounts based on a community's ability to pay. (_C.R._ June 8,
     S7983-84)

She emphasized that essential telecommunications providers will get
reimbursements and can recoup the costs of the discounts given to these
public entities from the universal service fund.  Her statement reflects
the inclusion of alternative language inserted via a mechanism termed a
"managers' amendment".

Others speaking in favor of the SRKE amendment included Senators John
Rockefeller (D-WV), Jim Jeffords (R-VT), Robert Kerrey (D-NE), Robert Byrd
(D-WV), and Charles Robb (D-VA).

Sen. John Rockefeller (D-WV) used library examples several times during his
floor statements:

     Let me share one story about West Virginia.  It has to do with
     the West Virginia Library Commission, which is a very aggressive
     group.  They have very aggressively worked for years to develop
     the network, and they recently won a Federal grant to provide
     computers for over 150 libraries in our State.

     Our State commission is currently investing in that equipment and
     training for every library to be linked to the Internet.  But
     each library must pay for its own telecommunications link, and
     they cannot...So that is taking the students of Pocahontas
     County, W Va, and condemning them to second-class citizenship in
     terms of going into a library or the adults who want to improve
     themselves through library services.  They are struggling
     financially.  They cannot match.  They cannot pay what they would
     be required to pay. (_C.R._ June 8, S7973-74)

Sen. Jeffords argued against motion-to-strike as well:

     ...So I urge you very strongly, if you believe as I do that
     education is so critical and important to the future of this
     Nation, the one best thing you can do right now is to vote
     against the McCain amendment and make sure provisions are in here
     to assist our country, to be able to elevate our educational
     system on a fast track instead of the slow, slow snailpace
     process we are undergoing now. (_C.R._ June 8, S7988)

Sen. Kerrey also articulated many good arguments supporting the discount
rate for schools, libraries and rural healthcare providers.  At one point
he said:

     We are not asking for a bailout.  Schools are still going to have
     to put a ton of money in software, a tone of money in hardware.
     They are going to still have to make a good-faith effort and
     contribution in order to make this work.  This is not a subsidy
     that is unreasonable.  It is a subsidy that is not only quite
     reasonable but it is a savings.  If we do not provide it, we are
     going to lose a tremendous opportunity to bring education
     technology to our children... (_C.R._ June 8, S7986)

After lengthy debate, Sen. Snowe moved to table Sen. McCain's motion-to-
strike.  Her motion passed with 58 YEAS and 36 NAYS.

Debate continues on this complex bill.  S. 652 is complex legislation with
many provisions yet to be addressed including cross ownership, foreign
ownership and other issues.  Still pending is the Exon-Gorton
"Communications Decency Act Amendment" which raises serious First Amendment
questions in the electronic environment; it may be debated today or
tomorrow.

Although nothing is definite until the final vote, the SRKE amendment
appears to have prevailed.  It has come this far because of major
grassroots support.  Appreciation to all supporters who worked hard to
communicate the importance of this rate provision for schools and libraries
to their Senators.  Watch for more reports as the debate continues.

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