Digital Opportunity Investment Trust - Federal Legislation

Federal Legislation

The Digital Promise Project has sought federal legislation for the proposed Digital Opportunity Investment Trust in the 108th and 109th U.S. Congresses. H.R. 1396 "Spectrum Commons and Digital Dividends Act of 2003" was sponsored in March 2003, by Rep. Edward J. Markey (D-MA) with cosponsors John B. Larson (D-CT) and Karen McCarthy (D-MO). S. 1854 "Digital Opportunity Investment Trust Act" was sponsored in November 2003, by Sen. Christopher J. Dodd (D-CT) with cosponsors Richard Durbin (D-IL) and Olympia J. Snowe (R-ME). Critics said H.R. 1396 was "really just old wine in a new bottle...the fusion of the National Endowment for the Arts, PBS, and the 'E-Rate' program...which is a federally mandated hidden tax on telephone bills." Although they helped introduce the concepts, the bills in the 108th Congress made little progress and expired at the close of the Congress.

S. 1023 "Digital Opportunity Investment Trust Act" was sponsored in May, 2005, by Sen. Christopher J. Dodd (D-CT) with cosponsors Conrad R. Burns (R-MT), Richard Durbin (D-IL), Olympia J. Snowe (R-ME) and Edward M. Kennedy (D-MA). As of spring, 2006, it is pending hearings in the Committee on Health, Education, Labor and Pensions. H.R. 2512 "Digital Opportunity Investment Trust Act" was sponsored in May, 2005, by Rep. Ralph Regula (R-OH) with cosponsors Paul E. Gillmor (R-OH), Edward J. Markey (D-MA), Rush D. Holt, Jr. (D-NJ), Major R. Owens (D-NY), Richard H. Baker (R-LA), Sherrod Brown (D-OH), Nita M. Lowey (D-NY), Allyson Y. Schwartz (D-PA), F. James Sensenbrenner, Jr. (R-WI), Frank R. Wolf (R-VA) and Rick Boucher (D-VA). As of spring, 2006, it is pending hearings in the Subcommittee on Select Education.

Although they carry the same title, S. 1023 and H.R. 2512 differ in some provisions. Both require 30 percent of the proceeds of each auction of radio frequency spectrum to be deposited in a United States federal trust fund, and both allocate 21 percent of the interest from the fund to educational television stations supported by the U.S. Corporation for Public Broadcasting. Both specify that the trust fund is otherwise to be used for the following purposes:

"to help underwrite the digitization of the collections in the Nation's universities, museums, libraries, public broadcasting stations, and cultural institutions"

"to support basic and applied research, development, and demonstrations of innovative learning and assessment systems as well as the components and tools needed to create them"

"to use the research results developed...to create prototype applications designed to meet learning objectives in a variety of subject areas and designed for learners with many different educational backgrounds"

S. 1023 authorizes the trust fund management to cooperate with business and nonprofit organizations by "seeking new ways to put telecommunications and information technologies to work in their areas of interest." H.R. 2512 makes use of the fund subject to Congressional appropriation, but S. 1023 does not. In that respect, the House bill follows the model of the Land and Water Conservation Fund, while the Senate bill follows a model similar to the Smithsonian Institution.

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