Read down to the sections on the Bells and porno-blocking for the good stuph. ==================================================== ################ ############# ################ ## # ## ############# ## ### # ### ### # # # ## # ### ### ## # # # # # # # # ## # # # # ## ## # ## # # # ## ## ## # # ### # ## # # # # # # # ## # ## # # # # ## ### ### ### ### # # # ## # ### # ==================================================== Free Speech Media, LLC July 11, 1995 Number 8 4 pages ==================================================== Compiled, written, and edited by Coralee Whitcomb Please direct comments and inquiries to cwhitcom@bentley.edu ==================================================== The Telecom Post is posted to several distribution lists and is also available from the CPSR listserv. To subscribe, send to LISTSERV@CPSR.ORG with the message SUBSCRIBE TELECOM-POST YOUR NAME. The Telecom Post will be published weekly while the U.S. Congress works on a comprehensive overhaul of the U.S information delivery systems. ===================================================== TOPICS 1. Regulatory Reform 2. The attack on non-profits 3. The readying for battle on HR 1555 4. Spectrum Flexibility - Action Alert 5. Windows '95 - scary REGULATORY REFORM S. 343, the Comprehensive Regulatory Reform Act of 1995 is now on the Senate floor. The Citizens for Sensible Safeguards are holding daily press conferences to speak out about this bill. No compromising here - this bill should be roundly defeated. The last issue of the Telecom Post reported that a much improved version of S343 had emerged from a meeting between Democrats and Dole (one of the sponsors). Unfortunately, that read was premature, and the bill remains in unacceptable form. S. 343 would require an extensive cost/benefit analysis and risk assessment be performed on all existing and new regulations with an impact of over $50m. Each regulation that has not passed through this process in a limited amount of time, will be eliminated. Though most consider regulatory reform needed, this bill will drop many of our worker safety and environmental safeguards while tying up the courts with industry maneuvering. Senators Chafee and Glen have introduced alternative legislation raising the definition of a "major rule" to over $100m and extending the sunset provisions if the rule is still undergoing its review process. The Citizens for Sensible Safeguards do not feel that this is enough difference to support the bill. Please call your senators in opposition to this bad bill. THE ATTACK ON NONPROFITS Independent Sector has published a letter hoping that many hundreds of nonprofits will sign on to demonstrate the pervasive opposition to the Istook/McIntosh/Ehrlich proposal to gag nonprofit organizations. The letter follows. To sign on to this letter fax 202-416-0580 or call 202-223-8100 with your name, organization, address, telephone, and fax number, and email address. Sign-on statement: Serving the Public Good A Position Statement on Advocacy by Nonprofit Organizations The nonprofit sector plays a key role in our society today. In partnership with government, nonprofit organizations are engaged in service delivery, research, public education, and much more-in general, they work to build a better America. Nonprofit organizations also speak to policymakers and the public on behalf of the people they serve, as well as empower them to speak for themselves. The advocacy voice on the nonprofit sector has led to significant improvements in public policies at the local, state, and federal level. Because nonprofit organizations do not stand to profit by lobbying and can provide enormous insight on public policy issues, Congress has encouraged them to lobby, but has placed detailed restrictions on the amount of money that can be used for lobbying purposes. The federal government also bars nonprofits from using any federal funds for lobbying purposes, and prohibits nonprofit organizations form engaging in partisan politics. Nonprofit organizations faithfully comply with all these restrictions and support enforcement of penalties when the rules are violated. However, some in Congress are proposing to go beyond current restrictions to silence the advocacy voice of the nonprofit sector. They would, for example, expand the lobbying restrictions to include all "political advocacy" activities, bar certain organizations that engage in advocacy from receiving any federal grants, and prohibit federal employees from giving contributions to nonprofits that engage in advocacy. Such efforts will have a chilling impact n the democratic process as well as the rights of individuals and organizations to participate in public policy debates. We strongly oppose any effort to limit the advocacy voice of the nonprofit sector. Curtailing the historical responsibility to speak to the public and to policymakers on behalf of the people nonprofit organizations serve would be a severe blow to our democratic freedoms. GETTING READY FOR BATTLE Timetable We look forward to the House bills coming to the floor in the next two weeks. Apparently, there is a commitment by the House to address the telecom legislation before their August 4 recess so though the schedule isn't made, we can look forward to it shortly. The House process is different than the Senate's. A bill must first go through the "rules" process where it is determined how much time will be taken, what amendments will be looked at and how much time each of those gets. If your Congressman is on the rules committee this might be an opportunity to be effective as the rules process does much to shape the debate. We would like the longest possible amount of time for floor debate. The House fight should look similar to the Senate fight with the following differences. The role of the Department of Justice will take a center stage. Rep. Hyde (R-IL), chair of the House Judiciary committee has introduced bill HR 1528 which would provide Justice with consultative, oversight responsibility in determining that sufficient competition exists for Bell entry into long distance. Other differences come from Gingrich's strong first amendment viewpoint on net censorship and total rejection of the Exon amendment. And there is likely to be a fight for the Snow/Rockefeller type pricing considerations for non-commercial entities. The Bells are taking a strong stance in opposition to the "facilities-based competition" language in HR1555 claiming that it will prevent them from ever entering the long distance market. They have written Commerce Committee Chairman Thomas Bliley (champion of that language) threatening to non-support of the legislation without substantial changes. The long distance telco coalition, the Competitive Long Distance Coalition, is outraged at the Bells' arrogance. Rep. Jack Fields (R-TX) seems to think that the offending language can be eliminated along with any substantive role of the Department of Justice. Other developments include the further "scrubbing" of the bill of state regulatory authority and additional removal of FCC regulatory powers. Public utilities may well be added to the mix of telecommunication providers. Censorship The People for the American Way and the ACLU are working with Rep. Cox (R-CA) and Wyden (D-OR) to promote content-filtering technologies as a porno control rather than the producer/carrier liability approach of Exon. The spirit of the cooperation and the general direction of user-controlled filtering devices are encouraging, though both advocacy groups are critical of the specific language in the "Internet Freedom and Empowerment Act". Essentially the bill attempts to free both those carriers who don't want to touch any form of editorial control as well as those "good Samaritans" who try their hand at keeping the net "clean". This provision attempts to overturn the Prodigy decision of inducing liability upon the carrier who attempts to exercise editorial control. There remains the complication that several states are enacting "mini-Exon" bills and the Cox/Wyden bill bows to their authority. Another troubling aspect is the prohibition on "economic regulation" by the FCC. A potential result is the dismantling of Snowe/Rockefeller, universal service related provisions. The ACLU points out that it is important that die-hard civil libertarians be heard now. The momentum on the right flank is so strong, only the most extreme left position will leave room for a satisfactory compromise. SPECTRUM FLEXIBILITY - ACTION ALERT The Media Access Project reports that there is an important opportunity for the public interest community to make a difference and IT REQUIRES REAL GRASSROOTS ACTION BY ALL OF USNOW. Some time ago extra spectrum was set aside for broadcasters to make the transition to HDTV. Conversion to digital will permit broadcasters to provide six or more program and non-program services such as data, paging and others. On JULY 28 there will be an FCC proceeding to determine the terms under which that additional spectrum will be allocated. The commissioners need to hear that the public should have a period with which to make comments. This is an opportunity to insist that part of that additional spectrum be devoted to the public good. The letters must be received by JULY 21. I will follow up this report with a sample letter for all of us to work with. The take on the commissioners' attitudes is that this could go either way so, therefore, real grassroots effort can make a REAL difference. MICROSOFT AND WINDOWS '95 The National Consumers League reports on some very scary facts regarding Windows '95. The Microsoft Network will be bundled with the operating system. When a new owner boots up they will be invited to register on the network. If they don't, they will be faced with the same invitation every time they boot up - it cannot be dismantled. While the MSN icon will continue to appear on the desktop regardless of whether it is active, icons from other providers will be buried four layers down forcing you to search for your provider of choice. A "registration mole" is built in that can inventory your hard drive of all its .exe files and keep Microsoft updated along with your registration info as to what you use on your system. 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