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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  02-  2220 
 WIRELINE  COMPETITION  BUREAU  ANNOUNCES  RELEASE  OF  REVISED  FORMS  486  AND  479  AND  ACCOMPANYING  INSTRUCTIONS  FOR  SCHOOLS  AND 
 LIBRARIES  UNIVERSAL  SERVICE  SUPPORT  MECHANISM 
 CC  Docket  No.  96-  45 
 Released:  September  11,  2002 


 The  Wireline  Competition  Bureau  of  the  Federal  Communications  Commission  announces  the  release  of  revised  FCC  Forms  486  and  479  and  the  associated  instructions  for  the  schools  and 
 libraries  universal  service  support  mechanism.  These  revised  forms  adopt  changes  in  the  certifications  that  libraries  must  make  to  indicate  compliance  with  the  Children’s  Internet 
 Protection  Act  (CIPA)  (Pub.  L.  106-  554).  The  changes  are  adopted  in  response  to  the  recent  decision  of  the  United  States  District  Court  for  the  Eastern  District  of  Pennsylvania,  which  held 
 that  the  CIPA  requirements  incorporated  at  47  U.  S.  C.  §  254(  h)(  6)  were  facially  unconstitutional  as  to  libraries.  See  American  Library  Ass'n,  Inc.  v.  U.  S.,  201  F.  Supp.  2d  401  (E.  D.  Pa.  2002). 


 SLD  will  continue  to  accept  the  previous  versions  of  the  FCC  Forms  486  and  479.  Those  libraries  that  choose  to  submit  FCC  Forms  486  or  479  using  the  previous  versions  and  that  are 
 required  to  certify  to  compliance  with  those  CIPA  certifications  established  by  47  U.  S.  C.  §  254(  l)  should  check  Item  11a,  certifying  compliance  with  CIPA  “as  codified  at  47  U.  S.  C.  §  254(  h)  and 
 (l).”  Libraries  checking  Item  11a  are  certifying  that  they  have  complied  to  the  extent  that  these  sections  apply,  as  of  the  date  of  the  start  of  discounted  services  for  the  relevant  funding  year. 
 Pursuant  to  the  decision  of  the  United  States  District  Court  for  the  Eastern  District  of  Pennsylvania,  section  254(  h)(  6)  no  longer  applies  to  libraries,  and  libraries  may  truthfully  check 
 Item  11a  to  certify  compliance  only  with  section  254(  l).  Library  applicants  checking  this  box  are  certifying  that  they  have  an  Internet  safety  policy  as  described  above,  and  have  satisfied  the  public 
 notice  and  hearing/  meeting  requirement,  but  are  not  certifying  as  to  a  technology  protection  measure  because  they  are  not  required  to  filter  Internet  access.  The  same  is  true  for  the  other 
 CIPA  certifications  on  FCC  Forms  486  and  479.  Additional  guidance  on  the  use  of  the  old  forms  can  be  obtained  on  SLD’s  website  at 
 <http://  www.  sl.  universalservice.  org/  reference/  CIPAGuidance.  asp>. 
 Although  SLD  will  continue  to  accept  the  previous  versions  of  the  FCC  Forms  486  and  479,  all  applicants  are  strongly  encouraged  to  make  use  of  the  new  forms.  Unlike  the  prior  versions,  the 
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 new  forms  can  be  scanned  by  SLD.  Use  of  the  new  forms  will  expedite  processing  and  receipt  of  discounts. 
 The  new  forms  and  instructions  may  be  obtained  at  the  SLD  website,  <http://  www.  sl.  universalservice.  org/>,  or  by  contacting  the  SLD  Client  Service  Bureau  at  (888) 
 203-  8100.  For  further  information,  contact  Narda  Jones,  Attorney,  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau,  at  (202)  418-  7400;  TTY  (202)  418-  0484. 


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