EdLiNC Contracts Ex Parte


August 23, 1997

Ms. Kathleen B. Levitz
Deputy Chief, Policy
Common Carrier Bureau
Federal Communications Commission
Room 500
1919 M Street NW
Washington, DC 20554

Dear Ms. Levitz:

This is an "ex parte" filing in the matter of the Commission's Order on Reconsideration of July 10, 1997 (FCC 97-246) on which the Education and Library Networks Coalition (EdLiNC) filed a petition for clarification and reconsideration in CC Docket No. 96-45 on August 19, 1997.

The following members of the Education and Library Networks Coalition (EdLiNC) and several telecommunications service provider representatives met with you and Ms. Irene Flannery, Common Carrier Bureau Attorney on August 19, 1997 to discuss this issue: Kari Arfstrom (AASA), Jon Bernstein (NEA), Dennis Bybee (GVSI), Aleck Johnson (ALA) and Marvin Bailey (Ameritech), Mary Henze (BellSouth), and BB Nugent (US West).

In our meeting, we discussed this issue and our understanding that the majority of schools and libraries do not enter into single year contracts for telecommunications infrastructure requirements because they have strong incentives to both (a) adhere to cost-effective procurement procedures and (b) to secure the best possible price. In addition, through the normal course of business to ensure that communications services will be available for the coming school year, numerous schools and libraries have negotiated and signed multi-year contracts after November 8, 1996. [Please see attached letters and lists of such contracts provided to you during our meeting.]

The July 10 Order on Reconsideration limits discount coverage on post-November 8 contracts to one-year contracts and unfairly penalizes these schools/libraries for good-faith decisions that they made in the interest of their students and library patrons, and we strongly urge you to modify that ruling.

We understand that the Commission would like to ensure that any multi-year contracts signed after November 8, 1996 utilize procedures that obtain lowest possible prices from the telecommunication service provider. And, we suggest that the Commission adopt the following language in lieu of any specific limit on length of contract as a condition of eligibility:

"Services secured under multi-year contracts -- signed after November 8, 1996 and before the universal service requirements web site is operational -- will be eligible for discounts provided that the school or library applicant self certifies that in negotiating and entering into multi-year contracts signed after November 8, 1996 they: (1) followed all applicable state and local procurement laws; and, (2) either (a) followed reasonable procedures to secure competitive prices, or (b) competitively bid for those services."

We appreciate the opportunity to meet with you on Tuesday and to suggest this language which addresses the multi-year contract eligibility criteria discussed in our Petition for Clarification and Reconsideration of the Commission's Order on Reconsideration of July 10, 1997 (FCC 97-246).

Sincerely,

Dennis L. Bybee, Ph.D.
VP & Executive Director
(Global Village Schools Institute)