1999 B.C. Intell. Prop. & Tech. F. 060402
Ubiquitous
Access to Telecommunications Technologies: Is Access a Positive Freedom?
Dara V. O'Neil
fnA
June 4-5, 1999
1.
Equality of Opportunity
In
the United States, we take pride in the idea of a nation founded on the
principles of equality of opportunity. U.S. social policy endeavors to
distribute resources so as to equalize the opportunities people have to make
their lives successful, on their own accounts of success. According to this
philosophy, society must provide a "level playing field," and individuals
should face the consequences of their own choices—those who do are
entitled to the fruits of their success, and those who fare poorly cannot ask
for rectification.
Increasingly,
access to the Internet is a necessary resource for equality of opportunity in
the Information Age. The Internet is changing the ways people work, learn,
communicate, and create their home lives. In the past, the barrier that
separated the upper classes from the under classes was literacy, defined as the
ability to read, to write, and to do simple arithmetic. In the 21
st
century, however, information literacy is the new requirement for a citizen of
the world to be considered educated. But for a person to achieve information
literacy, he must have access to the tools, i.e. the Internet and related
technologies, to become comfortable with interpreting the vast amounts of
information available.
Yet
not all Americans have the knowledge or resources to effectively use the
Internet. Public programs are beginning to address the need for access by
citizens in all demographic groups. However these programs (such as access in
libraries and community centers) do not provide citizens with instant passage
to the resources available on the Internet. They may be inconveniently located
or in such high demand that each person's time spent online is restricted.
Similarly,
access to telephone service became a necessary resource in the earlier part of
this century and the government addressed this need for disadvantaged citizens
in several ways through a concept known as
universal
service
.
Historically, universal service has meant "plain old telephone service" but
today voice services are rapidly converging with video and data technologies
where access to these technologies is critical for equal opportunity to
economic success. As a result, the U.S. again faces the challenge of providing
all Americans access to basic communication services.
2.
History of Universal Access
Neither
access to information networks nor "free TV" are rights inscribed in the
Constitution. However, the founding fathers understood the importance of
communications and information for commerce and community building among the
scattered settlements of the original colonies and addressed this in several
ways. For example, Benjamin Franklin proposed and the Constitution gave
Congress the power "to establish Post Offices and Post Roads." In 1820, the
Post Office was promoted out of the Treasury Department to a government
department with the aim of reaching all parts of the nation as a common
carrier. It was understood that a social goal of the postal service was the
diffusion of knowledge—newspapers, books, and magazines were given large
subsidies in mail rates. The First Amendment made it clear that speech was to
be unregulated by the federal government, and the Fourteenth Amendment extended
the concept to the states. Citizens were to be unrestricted in their
communications. This established a fundamental belief in the importance of
communications and of access to information for all citizens (McKnight, 1995).
In
the Communications Act of 1934, Congress established a national policy of
universal service that extended beyond merely laying the wires and
infrastructure to connect all citizens. It included a commitment to making
service economically accessible to all Americans. Public policy declared that
pricing be such that all Americans could avail themselves of telephone service.
The "last mile" costs of laying the physical infrastructure necessary to
provide telephone service to rural areas is subsidized by the lowered costs of
providing telephone service to dense urban areas. The Federal Communications
Commission was created as a result,
For
the purpose of regulating interstate and foreign commerce in communication by
wire and radio so as to make available, so far as possible to all the people of
the United States, a rapid, efficient, Nation-wide, and world-wide wire and
radio communications service with adequate facilities at reasonable charges
(Communications Act of 1934).
For
the six decades between the passage of the Communications Act of 1934 and the
Telecommunications Act of 1996, universal service was implemented by setting
rates for basic service and applying principles of cost allocation and cost
recovery to keep the cost of basic service low and affordable.
Section
254 of the Telecommunications Act of 1996 not only reaffirms the central
importance of universal service in telecommunications, but it has vastly
expanded the concept. Although access to the network for high-cost areas and
low-income consumers has been supported for years, the 1996 Act explicitly
requires this policy and requires that it be implemented with specific and
predictable mechanisms, in the form of contributions from all providers of
telecommunications services to support universal service. A whole new range of
institutions has been identified as having a role in universal service policy.
The
mandated revision must expand both the base of companies that will contribute
to offset telecommunications service rates and the category of customers who
will benefit from discounts. Schools, libraries, and health care providers as
well as residential and rural customers are the primary universal service
beneficiaries. The Telecommunications Act of 1996 requires that the Federal
Communications Commission (FCC) and the states base the revision of the
universal service system on seven basic principles:
- Everyone
in the country should have quality service at just, reasonable, and affordable
rates;
- All
regions of the country should have access to advanced services;
- There
should be access for low-income consumers in those rural and high-cost areas;
- All
providers of telecommunications services should contribute to ensuring
universal service;
- There
should be federal and state support mechanisms to preserve and advance
universal service;
- All
schools, classrooms, health-care providers, and libraries should have access to
advanced telecommunications
services;
- Other
additional principles needed to protect the public interest.
Announcing
the vote on these provisions, former FCC Chairman Reed Hundt said,
Nothing
could be more inspiring than the vision of major progress in the global fight
against poverty, disease, and misery. Nothing less than that is at stake in our
effort to spark sustained, significant, competition-driven growth in our
communications and information sector, as ordered by Congress in the landmark
Telecommunications Act of 1996. This is about opportunity for everyone (Hundt,
1996).
Chairman
Hundt noted that the information sector of the economy now makes up 1/6th of
our entire economy, and job growth in that area is 2/3 greater than in any
other part of economy. By adopting these rules to ensure affordable access for
households in all geographic areas, all income levels, for schools and
libraries, and nonprofit, rural health care providers, government is taking
necessary steps to guarantee that all citizens have a chance to share in the
promise of the Information Age.
Access
to computers and computer networks is not evenly distributed throughout the
U.S. population. Specifically, computer access and use are positively
correlated to higher levels of education and income and gaps in access are
widening over time. The digital divide of Internet access has effects that go
to the heart of issues concerning economic participation and equity. For
example, help wanted offerings are increasingly being carried on the Internet,
sometimes on an exclusive basis. If any demographic group becomes excluded from
using the Internet, it will also be excluded from the economic benefits
provided by participation.
The
gap in computer ownership between the upper and the lower classes has widened
since the mid-1980s, so that now higher proportions of the wealthier segments
of the population have computers relative to the poorer segments. An
information elite exists, made up of those with access to computers and the
Internet. As the Internet becomes more pervasive and more commercial and
government transactions in the United States take place on-line, the
information "haves" may leave the "have-nots" further behind.
Data
from the October 1989 and October 1993 U.S. Government Census Reports shows
that there are large differences in both household computer access and use of
network services across income categories. These differences are due partly to
other socioeconomic characteristics, but they remain highly significant even
after controlling for those other characteristics. The gap between high-income
and low-income individuals is not only large, it also widened between 1989 and
1993; higher-income individuals are adopting the new technologies at a faster
pace (Anderson, 1995).
Figure
1: Household Computer and Network Use by Household Income
Figure
1 presents the percentage of individuals who report that they have a computer
in their household and that they have access to network services such as an
Internet Service Provider (ISP), as a function of household income category.
Four quartiles of income distribution are examined. In 1993, the quartile
cutoff income levels were $15,000, $30,000, and $50,000 per year. Clearly large
differences in household computer access across income categories exist. In
1989, only 6 percent of the lowest income households had computers, whereas 35
percent of the highest-earning quartile had computers at home. Four years
later, the respective figures were nearly 7 percent and 55 percent. These data
reflect significant differences in household computer access based on income.
Further,
the income-based gap in household computer access became even wider by 1993. In
1989, individuals in the top income quartile were six times more likely to have
access to a computer in the household than individuals in the bottom quartile.
By 1993, this gap had widened to well over seven times more likely. Although
use of network services is far less than use of household computers, similar
patterns exist for network use in relation to income. Large differences between
quartiles are becoming even larger over time. In 1989, 2 percent of the lowest
income quartile used network services, whereas over 11 percent of the highest
income individuals used them. By 1993, these percentages had increased to
nearly 3 percent and 23 percent, respectively. The net gaps have widened
significantly between 1989 and 1993 (Anderson, 1995).
The
National Telecommunications and Information Administration (NTIA) contracted
with the U.S. Census Bureau in 1994 to add questions on PC and modem ownership
and usage to its "Current Population Survey." The NTIA issued a popular report
in 1995 called
Falling
Through the Net: A Survey of the 'Have Nots' in Rural and Urban America
.
Using 1997 Census Bureau data, the NTIA updated the status of the digital
divide and issued a subsequent report,
Falling
Through the Net II: New Data on the Digital Divide
,
in 1998. The following figures are excerpted from this report.
Figure
2: Percent of U.S. Households with a Computer by Income by U.S., Rural, Urban,
and Central City Areas
Source:
National Telecommunications and Information Administration,
Falling
Through the Net II: New Data on the Digital Divide
,
1998.
The
1997 data demonstrate that, as a nation, Americans have increasingly embraced
the Information Age through electronic access in their homes (see Figure 2). PC
ownership has increased 51.9%, modem ownership has grown 139.1%, and email
access has expanded by 397.1%. Despite these significant growth areas, the
digital divide between certain groups of Americans has increased between 1994
and 1997 such that there is now an ever-greater disparity in computer
penetration levels among some groups. There is a widening gap, for example,
between those at upper and lower income levels.
Figure
3: Percent of U.S. Households with Online Service by Income by U.S., Rural,
Urban, and Central City Areas
Source:
National Telecommunications and Information Administration,
Falling
Through the Net II: New Data on the Digital Divide
,
1998.
After
accounting for income, Figure 3 shows that there is not a significant
difference between rural, urban, and central city areas for computer
penetration, although rural areas still have a significantly lower rate for
on-line access. For computers, households below $35,000 in annual income all
have PC and on-line access levels below the national average (36.6%, 26.3%).
Rural households earning between $5,000 - $10,000 account for the lowest
penetration rates for PCs (7.9%) and online access (2.4%). By contrast,
households earning more than $75,000 in urban areas have the highest
PC-ownership rates (76%) and on-line access rates (50.3%).
We
have transitioned into an economy based on knowledge. Access to relevant
information is the key to success and a lack of information compounds
traditional poverty. For those with sufficient access to information resources
and the knowledge to use them, the benefits are immense. For example, there is
accumulating evidence that access to computers and communications technology
confers economic benefits. An examination of U.S. Census Report data from 1984
to 1989 shows that workers who use computers on their job earn 10 to 15 percent
higher wages than otherwise similar workers who do not use computers (Anderson,
1995). The study corrects for unobserved variables that might be correlated
with job-related computer use and earnings (e.g., recreational computer use,
prior educational achievement, and economic health of the enterprise).
Additionally, a recent study by the Information Technology Association of
America (ITAA), a trade association representing the information technology
industry, found that there are over 190,000 unfilled positions for information
technology workers (one out of ten jobs in this arena is currently going
unfilled). As for the possibility that this is a temporary job shortfall, the
U.S. Department of Commerce completed its own study detailed in "America's New
Deficit: The Shortage of Information Technology Workers," and found that
between 1997 and 2005, over one million new jobs will be created in this sector
alone.
However,
in order to realize the benefits of higher pay for jobs in the information
technology sector, workers must first possess the skills needed to compete in
this economy. A report in 1991 by the Labor Secretary's Commission on Achieving
Necessary Skills (SCANS) describes the attributes of individuals who are
employable in tomorrow's workplace environment:
- They
must know how to allocate time, money, materials, space, and staff.
- They
must be able to work on teams, teach others, serve customers, lead, negotiate,
and work well with people from culturally diverse backgrounds.
- They
must be able to acquire, organize, analyze, interpret, and evaluate information
and use computers to process it.
- They
should understand social, organizational, and technological systems and be able
to design or improve those systems.
The
SCANS report begins to address what advances in cognitive science are showing
us about how humans learn. All people acquire new skills by applying what they
already know to new learning environments. Citizens denied access to
telecommunications technologies would be at a severe disadvantage as they
encounter new situations requiring the use of these technologies to advance in
their job or education. For example, consider a factory worker who must learn
to use a robotic technology to assemble a product. If that worker had never
used a computer before but the robot requires a computer to manipulate its
movements, the worker faces a much higher learning curve than a coworker who
has used computers before. The fear factor of the new technology may inhibit
the worker from advancing in his or her career.
Consider
a recent situation in Africa. Following a barrage of complaints, the
Educational Testing Service has decided to suspend computer-based testing in at
least 20 African countries. The numbers of sub-Saharan African students taking
the TOEFL English-language tests had declined by two-thirds following the move
last year from paper-and-pencil to computer-only testing. Officials at the U.S.
Information Service posts in Africa had reported that many students were unable
to travel to the "mobile test centers" where the computerized tests were
administered, and many opponents raised concerns about African students'
familiarity with computers (T
he
Chronicle of Higher Education
,
1999). A similar situation may take place at academic institutions in the
United States. Georgia Tech, a large public university, requires that all
students entering the university possess a personal computer. Regardless of the
expense involved, those students without the knowledge to use the computer are
at a severe academic disadvantage.
The
issue of equal access becomes increasingly urgent as more governmental
functions become available through the Internet, sometimes on an exclusive
basis. Those without Internet access can neither use nor participate in
"point-and-click" government. Highlighting this inequity is the fact that the
1996 political conventions of the Republic and Democratic parties were
transmitted over the Internet, and included opportunities for interaction and
response. The Small Business Administration allows small businesses to register
on-line and to obtain information on raising capital, and, since 1993, the
Internal Revenue Service has allowed citizens the option of filing tax returns
electronically. Both organizations also respond to citizen queries on-line. The
Government Printing Office allows citizens to download government publications
for free online, but for many of these publications, require a payment for
paper copies. Numerous other examples are available—one has only to have
Internet access to view government websites to realize the wide number of
services available online at no cost!
Beyond
the public sector, access to the Internet can benefit consumers in many ways.
For those without access, they may pay more for services than consumers with
access. Many banks have recently begun charging consumers fees for accessing
banking services through a live bank teller. For bank customers with the
know-how and access to online services, they can save in bank fees. Wachovia,
Inc., a bank in the southeastern United States, recently decided to charge
customers $2 to speak with a customer service representative over the telephone
for services that can be conducted virtually through Wachovia's automated
telephone system or website. While this charge does not affect the many
tech-savvy customers who regularly conduct their bank transactions online,
those without access are singled out to pay more. Similarly, Congress recently
passed the Internet Tax Freedom Act, which prevents taxes on products purchased
via the Internet. Some critics see the problem of equity, that half the U.S.
homes with annual incomes over $75,000 have Internet access while fewer than 10
percent of the rural poor use the global computer network. The Internet tax
moratorium creates a duty-free zone that is largely inaccessible for the poor.
Economic
benefits are an important component of the argument to provide access to the
Internet to all citizens, however, there are other factors to consider. The
Internet can give citizens more direct access to policy makers and enable
socially isolated communities to participate more readily in political debate.
As civic and social alliances increasingly rely on computer-based interactions,
anything less than universal access poses policy problems, and especially if
access is unfairly distributed over socioeconomic groups. For instance, several
studies have shown that individuals who use computer-based communications have
more accurate information about political, professional, and organizational
concerns than peers who do not. A nationwide Times Mirror survey of technology
in American households (1994) showed that 63 percent of adults who use
computers and networks scored high on a current events quiz, compared to
50 percent of demographically equivalent computer users without network
access and 28 percent of their counterparts who do not use computers.
5.
Is Access a Positive Freedom?
Some
have said that access to a computer and the Internet has become so fundamental
in American society that access should be a right, such as the right to medical
care or education. If society has reached a point where established rights such
as the right to an education or opportunity for employment are conditional on
activities requiring knowledge of telecommunications applications and
capabilities, then Internet access may be considered a positive freedom. If
however, society has not reached a point where access to the Internet is
necessary to find employment or receive an education, then access should not be
considered a positivist right. So the question remains, has the United States
reached a point where access to the Internet is necessary for education,
employment, or similar right?
Equal
opportunity in the United States focuses on the capacity an individual has to
realize their potential. Through education, acquiring more knowledge gives
citizens more freedom to pursue their own definition of success. For example,
illiteracy is an unfreedom—not just the lack of freedom to read, but also
the curtailment of all other freedoms that are conditional on communication
requiring reading and writing. Should limited access to the Internet also be
considered an unfreedom? Citizens without access cannot benefit from tax-free
purchases, online applications to the Small Business Administration, and direct
contact with their congressional representatives. Does this constitute a
curtailment of the notion of equal opportunity?
Increasingly
it is apparent of the benefits of Internet access. Take for example, the SCANS
report, which outlines the skills necessary to be able to work in the
Information Age. Each of the skills delineated is based, at least in some part,
on knowledge of effective use of the tools of the Information Age. If a student
graduates from high school but still does not know how to use the Internet to
find an online application for a college scholarship, he or she may lose out on
that scholarship opportunity. The Universal Service Fund established in the
Telecommunications Act of 1996 is ensuring that K-12 students have access to
Internet resources while in the classroom. But is this enough? Does providing
students with Internet access ensure that they have sufficient education in
telecommunications use to be able to compete with wealthier students who have
access at home? (The Edison Project, the country’s largest private
manager of public schools, addresses this problem of inequity by providing
computers to all students, regardless of whether they can afford them.) What
about older citizens? Should they too be educated on the use of technology?
The
question is one of fairness and the role of government in ensuring positive
freedom to all of its citizens. Are we at the point where, all citizens
considered equal, we would be willing to provide or take away access for all? A
school technology coordinator once explained how she had managed to have all of
her school system administrators never question technology purchases in a
school system with a limited budget. Her simple solution was to purchase a
laptop for each of the administrator's use for six months, and then once they
had become comfortable with the technology and used it extensively, she took
them back. The once resistant administrators had realized how integral access
had become to their position, and never again questioned her purchases of
technology for the school system students.
One
of the biggest policy challenges is achieving consensus on the fundamental
values surrounding universal access among the different stakeholders of
national and global information infrastructures. Although it is generally
agreed that access to networks and services should be equitable, affordable and
ubiquitous, it is also recognized that access will depend on many different
physical, technical, and economic factors. As well, communities will define
access in different ways. For instance schoolchildren will probably not need
the same high bandwidth as that required by researchers in medical imaging. The
disabled community will need special features to aid in accessing information
that the able-bodied community takes for granted. And, different individuals
and groups will demand both access to, and creation of, their own information
content.
6.
Difficulties of Providing Access
Opponents
to providing universal access to the Internet state several reasons, the most
notable being the cost of implementation. For example, the Universal Service
Fund for schools, libraries and health care providers created by the
Telecommunications Act of 1996 is paid for by charging telephone service
subscribers and then subsidizing lower rates for the beneficiaries. These rates
vary from discounts of 20 to 90 percent from the market rate, depending on the
specific economic situation of that beneficiary. A discount rate of 90 percent
is substantial, especially considering that the private sector must pick up the
costs through charging its regular-paying customers higher rates for the same
service. An editorial in the Washington Post states that residential phone
customers will face an increase of four to five percent on their monthly phone
bill to pay for the new Universal Service Fund. This amounts to a Fund of $4.9
billion in 1998, or an average of about $50 a year for every U.S. household
(Glassman, 1997). If a similar mechanism was established to provide discounted
or free Internet access to disadvantaged communities, this would only further
increase the cost of telecommunications services to paying citizens. An
increase in rates would likely cause fewer people to be able to pay for and use
these services, thus creating the exact situation that universal service is set
up to resolve. Services would cost more and as a result, fewer people could
afford them, resulting not in universal access, but limited access.
At
the time of this writing, several bills were circulating the House and Senate
that threatened to either eliminate or reduce the amount of federal spending
allocated to the Universal Service Funds for schools and libraries. On February
10, 1999, Rep. Tom Tancredo (R-CO) introduced H.R. 692 to terminate the fund.
According to Trancredo's "Dear Colleague" letter of January 26, the Universal
Service Fund should be terminated because "millions of dollars are available to
schools through a number of existing federal programs to improve technological
capabilities." In fact, however, the e-rate program is the only program that
helps defray the ongoing cost of providing telecommunications in libraries as
well as schools.
Other
congressmen believe the FCC's implementation of the e-rate is unconstitutional
because the agency is imposing a "tax" that only Congress has the authority to
levy. Thought the e-rate was established by the Telecommunications Act of 1996,
the congressmen believe the FCC has exceeded the vision that Congress had when
it passed the legislation. A similar challenge to the e-rate brought by GTE
Communications Corporation is currently before the 5
th
U.S. Circuit Court of Appeals in New Orleans. A ruling is expected in spring of
1999. Two other plaintiffs in the case, BellSouth Corporation and SBC
Communications Incorporated, have withdrawn their complaints, believing they
can resolve their differences with the FCC out of court (
eSchool
News
,
1999).
Newt
Gingrich briefly proposed providing tax credits for lower-income citizens to
encourage their participation on the Internet. An article in
The
New Yorker
said that subsidizing poor Americans’ purchases of $1,000 computers would
cost the U.S. Treasury $40 billion. Both the media and politicians jeered at
his tax credit, so he quickly abandoned the idea. Providing Internet access to
individuals who may find it difficult to have enough to eat, a place to sleep,
or shoes on their feet seems to be a scrambling of priorities. However, as one
example shows, Internet access may help improve an individual’s ability
to find a paying job. A recent case in Austin, Texas where a homeless woman
created her own web page by using a free computer network provided her with the
necessary links to get a job with Time Warner.
Another
difficulty with granting universal access is that the technology required to
keep up-to-date with current trends is constantly changing. What is the
necessary technology that makes up service that should be provided and when
would universal access be fully realized? Today it may be sufficient to provide
a 486 computer, training to use it, and a 28,800 BPS modem but the meaning of
universal access must be reevaluated every couple of years to keep up with
current technology trends.
The
Information Age requires greater coordination among scientists, engineers, and
policymakers if we are to realize a vision of improving lives, the health and
freedom of all peoples. In the 21
st
century, the need to clearly evaluate the intersection of technology, society,
and policies concerning digital communication technologies will be more
pronounced as these technologies permeate daily life. According to a survey
taken by the Benton Foundation, a strong majority of Americans support
government taking an active role in addressing issues of access, knowledge, and
cost to make these services universal (The Benton Foundation, 1997). One of the
reasons is that the public does not want to widen the gap between the haves and
the have-nots. Survey results show that the public believes the government
should provide grants to help communities and nonprofit groups make new
technologies available in schools, libraries and hospitals (77% support, 18%
oppose). In addition, the survey results show that the public believes the
government should ensure that a nationwide information system will be
accessible to everyone in every part of the country (67% support, 26% oppose).
As
the Benton Foundation survey indicates, the United State’s communications
infrastructure should reflect the values of democracy. Ultimately, the success
of the Internet will be measured by whether it empowers citizens, protects
individual rights, and strengthens the democratic process. There is nothing in
recent data to suggest that, without policy intervention, gaps between the
information haves and have-nots will close. In spite of the growth of
electronic communications systems, many U.S. residents probably will continue
to lack access to the network well into the next century without societal
intervention. Additionally, relatively disenfranchised groups such as the
inner-city minorities and rural poor may be the last to be reached by
commercial Internet systems that evolve in private markets. Studies have shown
that highway development can improve economic development in rural areas
(Office of Public Roads and Rural Engineering, 1996). The Information
Superhighway is no exception.
Finally,
while it is true that universal access will have a positive impact on many
aspects of our lives, we should never delude ourselves that it will solve the
basic issues. The big issues are inequality and the weakening of social bonds.
We must find ways to shape our societal environment in ways that reduce these
inequities. The benefits of using networks such as the Internet in providing
equal access to information, government, and educational resources can help
reduce the inequities as time and place become less significant. Whether a user
is in a remote Alaskan fishing village or in downtown Manhattan does not
matter. What does matter is that both citizens have equal access to the
opportunities of the Internet.
Notes:
[fnA]
Dara
V. O'Neil
Georgia
Tech Research Institute
037
O'Keefe Building
Atlanta,
GA 30332
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,
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.
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© 1999 Dara V. O'Neil. Published with permission of the copyright holder.