TO
THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO
THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS
ASSEMBLED, AND TO THE MEMBERS OF THE COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION OF THE UNITED STATES SENATE, AND TO THE MEMBERS OF THE
SUBCOMMITTEE ON TELECOMMUNICATIONS, TRADE AND CONSUMER PROTECTION, COMMITTEE ON
COMMERCE, OF THE UNITED STATES HOUSE OF REPRESENTATIVES:
We,
your Memorialists, the Senate and House of Representatives of the State of
Washington, in legislative session assembled, respectfully represent and
petition as follows:
WHEREAS,
The Federal Communications Commission, pursuant to the Telecommunications Act
of 1996, has implemented a universal service fund program to provide discounts
on the cost of telecommunications services to schools and libraries; and
WHEREAS,
On May 8, 1997, the Commission determined that schools and libraries that join
consortia that include entities other than "public sector (governmental)
entities" may not take advantage of the universal service fund program
unless the services purchased by the consortia are based on tariffed rates; and
WHEREAS,
This requirement effectively prevents schools and libraries from participating
in consortia with nonprofit independent baccalaureate institutions without
losing the advantages of the leveraged purchasing, economies of scale, and
efficiencies that are the very rationale for such consortia; and
WHEREAS,
Washington state has sought to leverage the state's purchasing power in its
procurements of telecommunications and information services, and obtain the
lowest prices for telecommunications services for universities, colleges,
schools, and libraries; and
WHEREAS,
The Washington Legislature in 1996 authorized and funded the development of the
K-20 Educational Telecommunications Network, a sixty-two million dollar
state-wide backbone network intended to link K-12 school districts, educational
service districts, public and private baccalaureate institutions, public
libraries, and community and technical colleges; and
WHEREAS,
This network will provide the consortium of Washington colleges, schools, and
libraries with enhanced function and increased efficiencies in their use of
telecommunications services; and
WHEREAS,
Washington state is home to several outstanding nonprofit independent
baccalaureate institutions, including Antioch University, Cornish College of
the Arts, Gonzaga University, Heritage College, Northwest College, Pacific
Lutheran University, St. Martin's College, Seattle University, Seattle Pacific
University, University of Puget Sound, Walla Walla College, Whitman College,
and Whitworth College, that are not "public sector (governmental)
entities"; and
WHEREAS,
These institutions each year prepare thousands of students for jobs in
Washington state, and their graduates comprise more than twenty-five percent of
the state's school teachers; and
WHEREAS,
The Washington Legislature has recognized the important public service that
these institutions perform; and
WHEREAS,
The Washington Legislature has recognized that the public interest would be
served by their inclusion in the K-20 Educational Telecommunications Network;
and
WHEREAS,
On July 16, 1997, the Washington Department of Information Services petitioned
the Federal Communications Commission to clarify universal service program
eligibility for schools and libraries that participate in telecommunications
consortia with nonprofit independent colleges; and
WHEREAS,
The Commission has not responded to that petition in more than eighteen months;
and
WHEREAS,
The state continues to delay the inclusion of nonprofit independent
baccalaureate institutions in the K-20 Educational Telecommunications Network
out of concern that doing so may render the network services provided to
schools and libraries ineligible for universal service discounts; and
WHEREAS,
Such continued delay is detrimental to the interests of the state;
NOW,
THEREFORE, Your Memorialists respectfully pray that the members of the
Committee on Commerce, Science, and Transportation of the United States Senate;
and members of the Subcommittee on Telecommunications, Trade and Consumer
Protection, Committee on Commerce, United States House of Representatives, urge
the Federal Communications Commission to address promptly the matters raised in
the Department of Information Service's Petition for Reconsideration, and find
that schools and libraries may participate with independent colleges in
consortia to procure telecommunications services at below-tariffed rates
without losing their eligibility for universal service discounts.
BE IT RESOLVED, That copies of this Memorial be immediately
transmitted to the Honorable William J. Clinton, President of the United
States, the members of the Committee on Commerce, Science, and Transportation
of the United States Senate, and members of the Subcommittee on
Telecommunications, Trade and Consumer Protection, Committee on Commerce, United
States House of Representatives, the President of the United States Senate, the
Speaker of the House of Representatives, each member of Congress from the State
of Washington, and the members of the Federal Communications Commission.
