*Pages 1--49 from Microsoft Word - 29722* Federal Communications Commission FCC 03- 188 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Federal- State Joint Board on Universal Service Children’s Internet Protection Act ) ) ) ) ) ) ) CC Docket No. 96- 45 ORDER Adopted: July 23, 2003 Released: July 24, 2003 By the Commission: I. INTRODUCTION 1. In this Order, we adopt measures to ensure that our implementation of the Children’s Internet Protection Act (CIPA) complies with the recent decision of the United States Supreme Court. 1 CIPA requires schools and libraries with “computer Internet access” to certify that they have Internet safety policies and technology protection measures, e. g., software filtering technology, to receive discounts for Internet access and internal connections under the schools and libraries universal service support mechanism (e- rate). 2 2. Libraries subject to CIPA’s filtering requirements that are not currently in compliance with the CIPA filtering requirements must undertake efforts in Funding Year 2003 to comply by Funding Year 2004 in order to receive e- rate funds. 3 Libraries must be in compliance with the 1 United States v. American Library Ass’n, Inc., No. 02- 361, 2003 WL 21433656 (June 23, 2003). 2 47 U. S. C. § 254( h)( 5)( A), (6)( A). See Federal- State Joint Board on Universal Service, Children’s Internet Protection Act, CC Docket No. 96- 45, Report and Order, 16 FCC Rcd 8182, 8195- 8197, paras. 28- 31 (2001) (CIPA Order). Section 254( h)( 6)( A)( ii) excludes from the requirements of CIPA libraries receiving only telecommunications services. 47 U. S. C. § 254( h)( 6)( A)( ii). In this Order, discussion of the CIPA filtering requirements as applied to libraries, library consortium members or billed entities refers to libraries receiving e- rate funds for Internet access and internal connections. 3 We find good cause to make the implementation timing modifications without notice and comment rulemaking. The actions we take in this Order are intended to bring implementation of CIPA into compliance with the judgment of the Supreme Court. Because the Court reversed the lower court decision and found section 254( h)( 6) constitutional and because of the need to implement the Court’s judgment quickly, we find notice and comment unnecessary and impractical. In addition, because Funding Year 2003 started July 1, 2003, quick action is necessary to inform libraries of their obligations and implement such changes. 1 Federal Communications Commission FCC 03- 188 2 CIPA requirements by Funding Year 2004, except to the extent such libraries are eligible for and receive a waiver of the CIPA requirements pursuant to section 254( h)( 6)( E)( ii)( III). 4 We direct the Administrator in consultation with the Wireline Competition Bureau (Bureau) to implement the necessary procedural changes, including changes to the current CIPA- related certifications required of applicants. We take these steps to respond promptly to the Supreme Court’s decision and to ensure that the schools and libraries universal service support mechanism continues to operate in accordance with federal law. II. BACKGROUND A. The Schools and Libraries Universal Service Mechanism 3. Pursuant to section 254 of the Communications Act of 1934, as amended (the Act), the Commission established the schools and libraries universal service support mechanism, known as the e- rate program. 5 Under that mechanism, eligible schools and libraries and consortia that include eligible schools and libraries (collectively, recipients) may receive eligible telecommunications services, Internet access, and internal connections at discounted rates. 6 Eligible entities must apply to receive such discounts on an annual basis, with the funding year extending from July 1 to June 30. 7 4. The Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator) administers the schools and libraries support mechanism under the direction of the Commission. 8 After an applicant for discounted services under the schools and libraries support mechanism has entered into agreements for eligible services with one or more service providers, it must file with SLD an FCC Form 471 application. 9 The FCC Form 471 4 See infra para. 14. 5 47 U. S. C. §§ 151 et seq.; see Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service Order), as corrected by Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Errata, FCC 97- 157 (rel. June 4, 1997), affirmed in part, Texas Office of Public Utility Counsel v. FCC, 183 F. 3d 393 (5th Cir. 1999) (affirming Universal Service Order in part and reversing and remanding on unrelated grounds), cert. denied, Celpage, Inc. v. FCC, 120 S. Ct. 2212 (May 30, 2000), cert. denied, AT& T Corp. v. Cincinnati Bell Tel. Co., 120 S. Ct. 2237 (June 5, 2000), cert. dismissed, GTE Service Corp. v. FCC, 121 S. Ct. 423 (November 2, 2000). 6 47 C. F. R. §§ 54.502, 54.503. 7 Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96- 45, 13 FCC Rcd 14915 (1998). 8 Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal- State Joint Board on Universal Service, CC Docket Nos. 97- 21 and 96- 45, Third Report and Order in CC Docket No. 97- 21 and Fourth Order on Reconsideration in CC Docket No. 97- 21 and Eighth Order on Reconsideration in CC Docket No. 96- 45, 13 FCC Rcd 25058 (1998). 9 See Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060- 0806 (October 2002) (FCC Form 471). 2 Federal Communications Commission FCC 03- 188 3 notifies SLD of the services that have been ordered and indicates the amount of discounts sought. 10 SLD then issues a funding commitment decision letter indicating the discounts, if any, to which the applicant is entitled. After the funding year begins and the discounted service commences, the approved recipient of discounted services submits to SLD an FCC Form 486, which indicates that the service has begun and specifies the service start date. 11 After receiving the FCC Form 486, SLD will accept invoices from the service provider and issue disbursements to the provider in cumulative amounts up to the amount of the discount awarded. 12 B. CIPA and NCIPA 5. In 2001, Congress established new conditions on the use of computers with Internet access in two separate acts, CIPA, which added sections 254( h)( 5) and (h)( 6), and the Neighborhood Children’s Internet Protection Act (NCIPA), which added section 254( l). 13 Pursuant to section 254( h)( 6), which governs libraries, no library may receive universal service discounts unless the authority with responsibility for administration of the library makes certain certifications, and ensures the use of such computers in accordance with the certifications. 14 Specifically, applicants are required to certify that they are enforcing a policy of Internet safety as defined in NCIPA, and that their policy of Internet safety also includes the use of a “technology protection measure,” including filtering software, that is in accordance with requirements specified in the CIPA provisions. 15 Under NCIPA, libraries are required to adopt and implement an Internet safety policy that addresses: (1) access by minors to inappropriate material on the Internet; (2) the safety and security of minors when using electronic communications; (3) unauthorized access; (4) unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and (5) measures designed to restrict minors’ access to material harmful to minors. 16 10 47 C. F. R. § 54.504( c). 11 Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060- 0853 (September 2002) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060- 0853 (September 2002) (Form 486 Instructions). In addition, an early filing option exists for applicants whose services begin on or before July 1 of the funding year. See FCC Form 486. 12 See FCC Form 486; Form 486 Instructions. 13 See Neighborhood Children’s Internet Protection Act (NCIPA), Pub. L. 106- 554 §§ 1731 et seq. 14 Hereinafter we will refer collectively to all of the persons specified in the statute as responsible for making these certifications on behalf of participating libraries as “entities.” In the case of a library, certifying entities include a “library, library board, or other authority with responsibility for administration of a library.” See, e. g., 47 U. S. C. § 254( h)( 6)( A)( i). 15 47 U. S. C. §§ 254( h)( 5), 254( h)( 6). These software filters are designed to block access to Internet sites containing sexually explicit or otherwise objectionable material. See American Library Ass’n, Inc. v. United States, 201 F. Supp. 2d 401, 428- 430 (E. D. Pa. 2002). 16 See NCIPA, Pub. L. 106- 554 § 1732, codified at 47 U. S. C. § 254( l). 3 Federal Communications Commission FCC 03- 188 4 6. To implement these new provisions, the Commission amended its rules in 2001, adding the CIPA and NCIPA requirements as section 54.520. 17 The CIPA Order also added new certifications for CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. 18 For those recipients that are in a consortium and are subject to CIPA’s requirements, the Commission adopted rules requiring those consortium members to submit certifications on an FCC Form 479 to the consortium leader, referred to as the billed entity, who must retain them. The consortium leader then certifies compliance with CIPA requirements on behalf of its membership on the FCC Form 486. 19 7. Subsequently, upon a challenge by the American Library Association and others, a three- judge district court held that requiring public libraries to use filtering technology violated the First Amendment of the United States Constitution. 20 It issued an order on May 31, 2002 holding section 254( h)( 6) facially unconstitutional and permanently enjoining the Commission from withholding federal funds from any public library for failure to comply with the provision. 21 8. In compliance with the district court’s injunction, the Commission issued an order on June 28, 2002 suspending enforcement of those portions of section 54.520 of its rules implementing section 254( h)( 6) as applicable to libraries, 22 pending Supreme Court action. 23 In addition, the Commission directed the Administrator to adopt measures to ensure that Funding Year 2001 library applicants would not be penalized for non- compliance with section 17 47 C. F. R. § 54.520. 18 See CIPA Order; 47 C. F. R. § 54.520. 19 CIPA Order, 16 FCC Rcd at 8194, para. 25. 20 American Library Association Inc. v. United States, 201 F. Supp. 2d 401 (E. D. Pa. 2002). Section 1741( a) of CIPA, 114 Stat. 2763A- 351, provides expedited review for constitutional challenges by a three- judge district court pursuant to 28 U. S. C. § 2284. 21 Id. at 496. 22 Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Order, 17 FCC Rcd 12433 (2002) (specifically suspending enforcement of section 54.520( c)( 2)( i) and (iii), (c)( 3), (d), and (g)( 1) of its rules as applied to libraries, 47 C. F. R. § 54.520( c)( 2)( i) and (iii), (c)( 3), (d), and (g)( 1)) (CIPA Suspension Order). Specifically, the Commission suspended enforcement of section 54.520( c)( 2)( i) and (iii), 54.520( c)( 3) and 54.520( d) to the extent that these provisions require any library to filter or certify to such filtering under 47 U. S. C. § 254( h)( 6). The Commission also suspended enforcement of section 54.520( g)( 1) as it applies to all libraries. See id. 23 United States v. American Library Ass’n, Inc., No. 02- 361, 2003 WL 21433656; see American Library Ass’n, Inc. v. United States, 201 F. Supp. 2d 401; see also 47 U. S. C. § 254( h)( 6). Section 1741( b) of CIPA provides for review of a decision finding any provision of CIPA unconstitutional “as a matter of right by direct appeal to the Supreme Court.” 4 Federal Communications Commission FCC 03- 188 5 254( h)( 6). 24 9. On June 23, 2003, the Supreme Court issued its opinion reversing the judgment of the District Court and finding that CIPA, on its face, is constitutional. The Supreme Court found that CIPA does not induce libraries to violate the Constitution because public libraries’ Internet filtering software can be disabled at the request of any adult user and, therefore, does not violate their patrons’ First Amendment rights. 25 In upholding CIPA, the Supreme Court emphasized “the ease with which patrons may have the filtering software disabled,” and that a patron who encounters a blocked site … need only ask a librarian to unblock it (or at least in the case of adults) disable the filter.” 26 The plurality also highlighted the government’s acknowledgment at oral argument that “a patron would not ‘have to explain … why he was asking a site to be unblocked or the filtering to be disabled. ’” 27 Pursuant to Supreme Court rules, the decision in U. S. v. American Library Association will become effective no earlier than July 18, 2003. 28 III. DISCUSSION 10. Consistent with the Supreme Court decision, as of the effective date of this Order, 29 we lift the suspension of enforcement of those sections of 54.520 of our rules which implemented the section 254( h)( 6) requirement that libraries have Internet filtering technology to receive discounts for Internet access and internal connections under e- rate. Specifically, we lift the suspension of enforcement of sections 54.520( c)( 2)( i) and (iii), 54.520( c)( 3), 54.520( d), and 54.520( g)( 1) of our rules as applied to libraries. In addition, we modify section 54.520( f) and (g) to conform with the revised timeline for the implementation of section 254( h)( 6) of the Act, as 24 See CIPA Suspension Order, 17 FCC Rcd at 12447- 8, paras. 14- 18. 25 United States v. American Library Ass’n, 2003 WL 21433656 at *8. See also id. at *11 (Kennedy, J., concurring), at *14 (Breyer, J., concurring). 26 United States v. American Library Ass’n, 2003 WL 21433656 at *8 (plurality opinion). See also id. at *11 (Kennedy, J., concurring), at *14 (Breyer, J., concurring). United Status v. American Library Ass’n, 2003 WL 21433656 at *8 (plurality opinion). See also id. at *12 (Breyer, J., concurring) (“ As the plurality points out, the Act allows libraries to permit any adult patron access to an ‘overblocked’ Web site; the adult patron need only ask a librarian to unblock the specific Web site or, alternatively, ask the librarian, ‘Please disable the entire filter. ’”); id. at *10 (Kennedy, J., concurring) (underscoring the government's representation that “on the request of an adult user, a librarian will unblock filtered material or disable the Internet software filter without significant delay”). 27 Id. at *8 (quoting Tr. Of Oral Arg. 4). 28 Under the Supreme Court’s rules, its decisions do not become effective until the Court sends a certified copy of the judgment to the lower court. The Court does not send the certified copy until at least 25 days after the entry of judgment. Sup. Ct. R. 45. 29 This Order and the accompanying rules shall be effective upon the later of publication in the Federal Register, approval of the revised FCC Forms 486 and 479, or the effective date of the Supreme Court decision. We direct the Bureau to release a Public Notice announcing the effective date of this Order, when it is known. 5 Federal Communications Commission FCC 03- 188 6 described herein. 11. Consistent with the implementation framework established by Congress, libraries receiving e- rate discounts for Internet access or internal connections shall have one year from July 1, 2003, which is the start of Funding Year 2003, to come into compliance with the filtering requirements of CIPA. When Congress enacted CIPA in 2001, it recognized that it may take libraries a significant amount of time to procure and install the Internet filtering technology required to comply with CIPA. Accordingly, CIPA allows libraries either to certify (1) that they are in compliance with CIPA or (2) that they are “undertaking such actions, including any necessary procurement procedures, to put in place” the required policy measures to comply with CIPA for the next funding year. 30 Given that the Supreme Court decision was issued on June 23, 2003 and will be effective no sooner than July 18, 2003, we believe that it is unrealistic to expect all libraries to be in a position to certify compliance with CIPA for Funding Year 2003, which began July 1, 2003. 31 In order to comply with the statute’s Internet filtering requirement, many libraries must prepare a budget for the purchase of software and related costs, design, procure and/ or order software appropriate for their systems, install the software and implement a procedure for unblocking the filter upon request by an adult. This process, as Congress recognized, would almost certainly take some time to complete. 32 Therefore, we conclude that allowing libraries this time period to comply with CIPA filtering requirements is consistent with Congress’s intent in enacting CIPA and with the public interest. 12. During Funding Year 2003, all libraries that receive discounts for Internet access or internal connections must certify that they are either compliant with CIPA or undertaking efforts to be in compliance by the time the libraries commence services for Funding Year 2004. Libraries that are not in compliance with CIPA for Funding Year 2003 and will not be undertaking efforts during Funding Year 2003 to comply with CIPA by Funding Year 2004 may not receive e- rate funds for Internet access or internal connections for Funding Year 2003. 33 30 47 U. S. C. § 254( h)( 6)( E)( ii)( II)( aa). CIPA provides that a library that does not have in place the policy of Internet safety and technology protection measures required by section 254( h) and intends to receive support for Internet access and internal connections shall certify “for the first program year after the effective date of this subsection in which it is applying for funds” that it is “undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy and technology protection measures meeting the requirements necessary . . . .” 47 U. S. C. § 254( h)( 6)( E)( ii)( II). (“[ F] or the second program year after the effective date of this subsection in which it is applying for funds under this subsection, [the entity] shall certify that it is in compliance with [the relevant provisions].”). 31 Some libraries may have voluntarily installed filtering software consistent with CIPA requirements prior to July 1, 2003. Such libraries would be able to certify that they are in compliance with CIPA for Funding Year 2003. 32 See 47 U. S. C. § 254( h)( 6)( E)( ii)( II). 33 We do not, however, require such libraries and library consortium members to return e- rate funds received for Internet access or internal connections during the part of Funding Year 2003 prior to the effective date of this Order. Libraries, including library consortium members that are not in compliance with CIPA for Funding Year 2003 and will not be undertaking efforts during Funding Year 2003 to comply with CIPA by Funding Year 2004 may receive e- rate funds for Internet access or internal connections on a pro rata basis for the portion of Funding Year 2003 during which this Order is not effective, i. e., from July 1, 2003 until the effective date of this Order. 6 Federal Communications Commission FCC 03- 188 7 Such libraries may receive e- rate funds only for telecommunications services. 34 All libraries that have not filed an FCC Form 486 prior to the effective date of this Order 35 must file the revised FCC Form 486. 36 All libraries that filed the September 2002 version of the FCC Form 486 prior to the effective date of this Order and will receive discounts for Internet access or internal connections for Funding Year 2003 must also refile using the revised FCC Form 486. 37 The deadline for submitting all revised FCC Form 486s remains the same for all libraries – the later of 120 days after the Service Start Date or 120 days after the date of the Funding Commitment Decision Letter. 38 Libraries that filed the September 2002 version of the FCC Form 486 for Funding Year 2003 prior to the effective date of this Order and that receive e- rate funds only for telecommunications services are not required to file a revised FCC Form 486. The filing of a revised FCC Form 486 for such libraries is unnecessary because they do not need to certify compliance with the CIPA filtering requirements. 13. These filing requirements also apply to library consortium leaders. 39 Billed entities that are library consortium leaders should abide by the above instructions for filing the FCC Form 486. Billed entities that previously filed the September 2002 version of FCC Form 486 on behalf of library consortium members must file the revised FCC Form 486, unless all members of the consortium receive e- rate funds only for telecommunications services. 40 In addition, all library consortium members must file with their billed entity, and all billed entities must collect and hold from each consortium member the revised FCC Form 479. 41 All library consortium members that filed an FCC Form 479 prior to the effective date of this Order must file a revised FCC Form 479 with their billed entity within 45 days after the effective date of this Order. In order for such library consortium members to receive e- rate funds for Internet access and internal connections for Funding Year 2003, they must be in compliance with CIPA or undertaking 34 47 U. S. C. § 254( h)( 6)( A)( ii). See CIPA Order, 16 FCC Rcd. at 8195- 6, para. 28. 35 For purposes of this requirement, an FCC Form shall be deemed “filed” as of the postmark date for mailed forms. 36 Appendix A contains a draft version of the proposed revised FCC Form 486, which will be submitted to the Office of Management and Budget (OMB) upon release of this Order. We will be seeking emergency approval of revised FCC Forms 486 and 479 from OMB. See infra note 41. 37 Entities receiving e- rate funds for Internet access may file their FCC Form 486 upon receipt of their Funding Commitment Decision Letter, which may occur prior to the start of the funding year, so some libraries have already filed the FCC Form 486 for Funding Year 2003. See Form 486 Instructions. 38 See Form 486 Instructions. 39 Libraries that are members of a library consortium and would not be required to file FCC Form 486 are not required to file the revised FCC Form 486. Such libraries should refer to filing procedures for the revised FCC Form 479. 40 See supra para. 12. 41 Appendix B contains a draft version of the proposed revised FCC Form 479, which will be submitted to the OMB upon release of this Order. See supra note 36. 7 Federal Communications Commission FCC 03- 188 8 efforts to be in compliance with CIPA at the time the revised FCC Form 479 is filed. Library consortium members that did not file FCC Form 479 prior to the effective date of this Order should work with their billed entity to determine when to submit the revised FCC Form 479. 42 In addition, billed entities whose consortia include both libraries that are in compliance with CIPA for Funding Year 2003 or undertaking efforts to comply for Funding Year 2004 and libraries that do not intend to comply with CIPA must file FCC Form 500 to adjust their funding commitments as applicable within 30 days after filing the revised FCC Form 486. 43 This FCC Form 500 filing requirement is necessary only for Funding Year 2003 because of the timing of the Supreme Court decision. 14. CIPA also provides for a waiver of the certification requirements in the second year after the effective date of CIPA if state or local procurement rules or regulations or competitive bidding requirements prevent compliance. 44 Accordingly, consistent with this provision of CIPA, a library or billed entity that applies for discounts in Funding Year 2003 may submit a waiver request for Funding Year 2004 if state or local procurement rules or regulations or competitive bidding requirements prevent compliance by the start of Funding Year 2004. The revised FCC Forms 486 and 479 attached to this Order have been revised to reflect this option. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED that, pursuant to the authority of sections 1- 5 and 254 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151- 155, and 254, and the Children’s Internet Protection Act, Pub. L. 106- 554 §§ 1701 et seq. as codified at 47 U. S. C. § 254( h) and (l), this Order is ADOPTED. The modifications to a collection of information contained within this Order are contingent upon approval by the Office of Management and Budget. 16. IT IS FURTHER ORDERED that the suspension of enforcement implemented in the Interim Order of sections 54.520( c)( 2)( i) and (iii), 54.520( c)( 3), 54.520( d), and 54.520( g)( 1) of the Commission’s rules, 47 C. F. R. § 54.520, as they apply to all libraries and to the extent that they require any library to filter or certify to such filtering under 47 U. S. C. § 254( h)( 6), is LIFTED as of the effective date of this Order, consistent with the terms of this Order. 17. IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1- 4, 201- 205, 218- 220, 254, 303( r), and 403 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151- 154, 201- 205, 318- 220, 254, 303( r), 403, section 553 of the Administrative Procedure Act, 5 U. S. C. § 553, and the Children’s Internet Protection Act, Pub. L. 106- 554 §§ 42 See Form 479 Instructions. 43 See Universal Service for Schools and Libraries, Adjustment to Funding Commitment and Modification to Receipt of Service Confirmation Form, OMB 3060- 0853 (April 2000)( FCC Form 500); Instructions for Completing the Schools and Libraries Universal Service, Adjustment to Funding Commitment and Modification to Receipt of Service Confirmation Form (FCC Form 500), OMB 3060- 0853 (April 2000) (Form 500 Instructions). 44 47 U. S. C. § 254( 6)( E)( ii)( III). 8 Federal Communications Commission FCC 03- 188 9 1701 et seq. as codified at 47 U. S. C. § 254( h), the amendments to section 54.520 (f) and (g) of the Commission’s rules, 47 C. F. R. § 54.520( f) and (g) are ADOPTED, as set forth in Appendix C attached hereto. 18. IT IS FURTHER ORDERED that AUTHORITY IS DELEGATED to the CHIEF OF THE WIRELINE COMPETITION BUREAU pursuant to section 5( c) of the Communications Act of 1934, 47 U. S. C. § 155( c), to modify any forms that are necessary to implement the decisions adopted in this Order. 19. IT IS FURTHER ORDERED that THIS ORDER AND THE ACCOMPANYING RULES ARE EFFECTIVE UPON THE LATER OF PUBLICATION IN THE FEDERAL REGISTER, APPROVAL OF THE REVISED FCC FORMS 486 and 479, or THE EFFECTIVE DATE OF THE SUPREME COURT DECISION. Good cause exists to make this effective immediately upon the later of publication in the Federal Register, OMB approval of the revised FCC Forms 486 and 479, or the effective date of the Supreme Court decision. The actions we take in this Order are intended to bring implementation of the CIPA into compliance with the judgment of the Supreme Court, which is best accomplished by requiring the effective date to occur when all of these events have taken place. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 9 Federal Communications Commission FCC 03- 188 APPENDIX A Draft FCC Form 486 and Instructions 10 Federal Communications Commission FCC 03- 188 11 Federal Communications Commission FCC 03- 188 2 12 Federal Communications Commission FCC 03- 188 3 13 Federal Communications Commission FCC 03- 188 4 14 Federal Communications Commission FCC 03- 188 5 15 Federal Communications Commission FCC 03- 188 6 16 Federal Communications Commission FCC 03- 188 7 17 Federal Communications Commission FCC 03- 188 Form 486 Instructions July 2003 1 FCC Form 486 Approval by OMB 3060- 0853 Universal Service for Schools and Libraries Receipt of Service Confirmation Form Estimated Average Burden Hours For First Submission: 15.0 hours For Subsequent Submissions: 1.5 hours Instructions for Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form (FCC Form 486) TABLE OF CONTENTS NOTICE Page 1 I. PURPOSE OF FORM Page 2 II. IMPACT OF CIPA REQUIREMENTS ON FORM 486 Page 3 III. FILING REQUIREMENTS AND GENERAL INSTRUCTIONS Page 5 IV. MINIMUM PROCESSING STANDARDS Page 9 V. SPECIFIC INSTRUCTIONS Page 10 VI. REMINDERS Page 18 NOTICE NOTICE: This form is required to inform the Fund Administrator, the Schools and Libraries Division (SLD) of the Universal Service Administrative Company, that the eligible entity participating in the universal service support mechanism is receiving or is planning to receive services. The collection of information stems from the Federal Communication Commission's (FCC) authority under Section 254 of the Communications Act of 1934, as amended. 47 U. S. C. § 254. The FCC is authorized under the Communications Act of 1934, as amended, to collect the information we request in this form. We will use the information you provide to determine whether approving this application is in the public interest. If we believe there may be a violation or potential violation of an FCC statute, regulation, rule or order, your application may be referred to the federal, state, or local agency responsible for investigating, prosecuting, enforcing or implementing the statute, rule, regulation or order. In certain cases, the information in your application may be disclosed to the Department of Justice or a court or adjudicative body when: (a) the FCC; or (b) any employee of the FCC; or (c) the United States Government, is a party in a proceeding before the body or has an interest in the proceeding. In addition, consistent with the Communications Act of 1934, FCC regulations and orders, the Freedom of Information Act, 5 U. S. C.§ 552, or other applicable law, information provided in or submitted with this form or in response to subsequent inquiries may be disclosed to the public. 18 Federal Communications Commission FCC 03- 188 Form 486 Instructions July 2003 3 The Billed Entity must submit the relevant information on a Form 486 for each Discount Funding Request approved by the SLD. Each Discount Funding Request (Form 471, Block 5) and its associated Funding Request Number (FRN), contains information about one service for which you have requested discounts. You may have submitted multiple Block 5 requests. The FRN( s) cited on this Form 486 must be based on the FRN( s) cited in the Funding Commitment Decision Letter( s) issued by the SLD. Universal service support will not be paid to a service provider on an approved funding commitment prior to the SLD’s receipt of the Form 486. A service provider is not obliged to begin providing discounts to a Billed Entity UNTIL the Billed Entity files a properly completed Form 486 that is accepted and processed by the SLD. The SLD will send a written notification to a service provider to acknowledge receipt of a Form 486 for each FRN for which the Service Provider Identification Number (SPIN) is listed. The service provider may invoice the SLD for discounts provided pursuant to an approved FRN after receiving the written notification letter of receipt of Form 486 for the particular FRN and after the start of the Funding Year. The Billed Entity may elect EITHER to receive discounts on bills, or to pay bills in full and receive retroactive reimbursement through an FCC Form 472, Billed Entity Applicant Reimbursement (BEAR) Form. The Billed Entity must choose only ONE method of discounts for the relevant Funding Year. The Billed Entity should contact the service provider to verify which form of discount is available and works best. II. IMPACT OF CIPA REQUIREMENTS ON FORM 486 The Children's Internet Protection Act (CIPA) was signed into law on December 21, 2000. In order to receive discounts for Internet Access and Internal Connections services under the universal service support mechanism, school and library authorities must certify that they are enforcing a policy of Internet safety. The Internet safety policies must include measures to block or filter Internet access for both minors and adults to certain visual depictions. Beginning with Funding Year 2001 (the Funding Year beginning July 1, 2001) schools and libraries applying for Internet Access or Internal Connections must certify on a Form 486 that they are in compliance with the requirements of CIPA or that they are undertaking such actions to comply with the requirements of CIPA prior to the start of the following funding year. Although CIPA requirements do not apply to Telecommunications Services, Billed Entities applying only for Telecommunications Services must, in general, still certify on a Form 486 that CIPA requirements do not apply. (For more information, see the Children’s Internet Protection Act, as codified at 47 U. S. C. § 254( h) and (l).) Administrative Authority. The Administrative Authority for a school or library is the entity that must make the relevant certification for purposes of CIPA. For a school, the Administrative Authority may be the school, school district, school board, local educational agency, or other authority with responsibility for administration of the school. For a library, the Administrative Authority may be the library, library board, or other authority with responsibility for administration of the library. 20 Federal Communications Commission FCC 03- 188 Form 486 Instructions July 2003 9 IV. MINIMUM PROCESSING STANDARDS You are encouraged to file and certify – if you have a User ID and PIN – your Form 486 online at www. sl. universalservice. org. The online system is designed to help you file successfully, and using the online system will ensure that your Form 486 meets Minimum Processing Standards and is data entered into our system correctly. When a paper Form 486 is received by the SLD, the form is first reviewed to make sure it complies with the following requirements before data entry begins. These minimum processing requirements are necessary in order to ensure the timely and efficient processing of properly completed applications. If a Form 486 fails to meet these requirements, the Form 486 will be rejected. The SLD may be prevented from returning the rejected Form 486 to the sender if the form lacks essential identifying information. If an applicant receives a returned Form 486, it is important that the corrected form be resubmitted quickly. Once the corrected form is successfully data entered, the postmark date of that corrected form will be the postmark date for purposes of the deadline. (See “When to File?” above for filing deadline requirements.) Manual Filers: Correct Form: Each Form 486 must be: a. the correct, OMB- approved FCC Form 486, with a date of July 2003 or later in the lower right- hand corner; b. submitted by regular mail, express delivery, or U. S. Postal Service Return Receipt Requested, or hand delivery. Forms may not be submitted by fax or e- mail. You are encouraged to keep proof of the date of mailing. Complete Submission: All pages of the form must be submitted. Billed Entity Information: In Block 1, each of the following items must be properly completed: a. Item 1 Billed Entity Name or Item 2 Billed Entity Number; b. Item 3 Funding Year – only one Funding Year may be featured on a Form 486; c. Item 5 Contact Person Name. Service Information: Each row of the Block 3 Service Information must, at a minimum, include: a. Column (B) – Funding Request Number; b. Column (F) – Funding Year Service Start Date in order to be data entered as part of the Form 486. If this information is missing, the row will not be data entered and the applicant will be notified. If all rows of the Block 3 Service Information fail to meet these requirements, the form will be rejected. CIPA Certification: For Funding Year 2001 and later Funding Years, Billed Entities must check at least one of the boxes labeled a through e in Item 11. Valid Certification: In Block 4, Item 12 Signature of authorized person must be completed. If Item 12 is left blank, the Form 486 will be rejected. 26 Federal Communications Commission FCC 03- 188 Form 486 Instructions July 2003 11 corresponding Form 471. Each subsequent Funding Year begins on July 1 of that year. Cite only one Funding Year in this item. Item 4 - Provide the Billed Entity’s full mailing address, whether a street address, Post Office Box number, or route number. You are strongly encouraged to provide a street address rather than a Post Office Box if possible. In addition, please provide your telephone number with area code and extension, fax number, and e- mail address. Item 5 –Provide the name of the person who should be contacted with questions about this form. The Contact Person must be able to answer questions in a timely manner regarding the information included in this form. Provide the mailing address for the Contact Person, telephone number with area code, fax number and e- mail address if different from the address information in Item 4, and check the preferred mode of contact. Wherever possible, the SLD will use this mode to contact you. B. Block 2: Early Filing Information and CIPA Waiver Requests Item 6a – To file Form 486 before services start, this item MUST be checked and the Form 486 must be postmarked on or before July 31 of the Funding Year. In order to file Form 486 before services start, you must have confirmed with the named service provider that the services you ordered will start on the Service Start Date. You also must be able to accurately make all relevant certifications in Block 4. If you are submitting Form 486 after services have started, do not check this box. Item 6b – If you are a Billed Entity who is also the Administrative Authority for the purpose of CIPA, you must check Item 6b if you need to request a waiver from CIPA requirements in the Second Funding Year in which you apply (see the explanation in “IMPACT OF CIPA REQUIREMENTS ON FORM 486” above). In Item 6b you may provide notification that, as of the date of the start of discounted services, you are unable to make the certification in Item 11a because your state or local procurement rules or regulations or competitive bidding requirements prevent you from making that certification. You also certify that the schools or libraries represented in the FRN( s) on this Form 486 will be brought into compliance with the CIPA requirements before the start of the third Funding Year after April 20, 2001 in which they apply for discounts. If the Billed Entity is not the Administrative Authority, Item 6b should NOT be checked. For example, if in Funding Year 2001 you certify that you are undertaking such actions necessary to be in compliance with the requirements of CIPA for Funding Year 2002, then in order to obtain discounts in Funding Year 2002, you must be in compliance with the requirements of CIPA prior to the start of services in that Funding Year unless you obtain a waiver as a result of procurement/ competitive bidding constraints. In this example, if you obtain a waiver in Funding Year 2002, you must be in compliance with the requirements of CIPA prior to the start of Funding Year 2003. In certain situations, a Billed Entity could have some FRNs for which waivers can be requested and other FRNs for which waivers are not requested. A Form 486 with Item (6b) checked must only feature FRNs for which waivers are being requested. 28 Federal Communications Commission FCC 03- 188 Form 486 Instructions July 2003 12 Item 6c – If you are a Billed Entity who is also the Administrative Authority for the library( ies) represented on this Form 486, you must check Item 6c if you need to request a waiver from CIPA requirements for Funding Year 2004. In Item 6c you may provide notification that, as of the date of the start of discounted services, you are unable to make the certification in Item 11a because your state or local procurement rules or regulations or competitive bidding requirements prevent you from making that certification. You also certify that the libraries represented in the FRN( s) on this Form 486 will be brought into compliance with the CIPA requirements before the start of Funding Year 2005. If the Billed Entity is not the Administrative Authority, Item 6c should NOT be checked. C. Block 3: Service Information Block 3 of Form 486 asks you to provide the Form 471 Application Number, the Form 471 Funding Request Number, the Billing Account Number, the Service Provider Name, the SPIN, and the Funding Year Service Start Date. Item 7 – Information to complete Columns (A) – (E) will be contained on the FCDL sent to you by the SLD. Note: Column (C) Billing Account Number will be provided only if you submitted the information on Form 471. If you file the Form 486 online, the entries for Columns (A), (C), (D), and (E) will be automatically populated after you complete the entry of a Funding Request Number in Column (B). Columns (A), (B), (C), (D) and (E) The Billed Entity must provide the following information for columns (A), (B), (C), (D) and (E), except where noted. All of this information must be obtained from the FCDL issued to each Form 471 Billed Entity approved for funding. (A) 471 Application Number; (B) Funding Request Number (FRN) for the services to be provided; (C) Billing Account Number (if contained in your FCDL); (D) Service Provider Name (E) Service Provider Identification Number (SPIN). 29 Federal Communications Commission FCC 03- 188 Form 486 Instructions July 2003 14 Item 9 - Certify that the services listed on this Form 486 have been, are planned to be or are being provided to the eligible entities identified in the Form 471 application( s) cited in this Form 486. Further certify there are signed contracts covering all of the services listed except for those services provided under tariff or on a month- to- month basis. Item 9 also requires the individual signing on behalf of the Billed Entity to certify that he or she is authorized to submit the information contained in the Form 486 on behalf of the Billed Entity. The individual signing on behalf of the Billed Entity must certify that the information contained in Form 486 is true to the best of his or her knowledge, information and belief. Persons knowingly making false statements on this form can be punished by fine, forfeiture, or imprisonment under federal law. Item 10 – Certify that you understand that the discount level used for shared services is conditional, for future years, upon ensuring that the most disadvantaged schools and libraries that are treated as sharing in the services receive an appropriate share of benefits from those services. Certify that you recognize that you may be audited pursuant to this application and will retain for five years any and all records, including Forms 479 where required, that you rely upon to complete this form and, if audited, will make such records available. Item 11 – This item concerns compliance with the requirements of the Children’s Internet Protection Act (CIPA), as codified at 47 U. S. C. § 254( h) and (l), and the implementing rules as codified at 47 C. F. R. § 54.520. If this Form 486 pertains to a Funding Year prior to Funding Year 2001 (Funding Years beginning July 1, 2000 or earlier), skip Item 11 and go to Item 12. If this Form 486 pertains to Funding Year 2001 (the Funding Year beginning July 1, 2001) or later, the recipient( s) of service represented in the FRN( s) on this Form 486 must certify the status of compliance with CIPA. If you as the Billed Entity are the Administrative Authority, you will indicate the status of compliance on the Form 486. If you as the Billed Entity represent one or more Administrative Authorities (e. g., a consortium leader), then in most cases you must collect completed and signed Forms 479, Certification by Administrative Authority to Billed Entity of Compliance with the Children’s Internet Protection Act, from those Administrative Authorities who are the recipients of service so that you as the Billed Entity can make the proper certification( s) on Form 486. (You do not have to collect Forms 479 if you were funded only for Telecommunications Services.) For Funding Year 2001 and later, Item 11 must be filled in. General Instructions for Item 11: 1. A Billed Entity who is a recipient of service must check Item 11a or 11b or 11c. If the Billed Entity is not a recipient of service, skip to Item 11d. 2. A Billed Entity who represents one or more Administrative Authorities must check Item 11d or 11e. (See “Special Notes for Billed Entities Who Represents One or More Administrative Authorities” below.) 3. FOR FUNDING YEARS AFTER FUNDING YEAR 2001, a Billed Entity who must collect Forms 479 and who checks Item 11d must check Item 11f or 11g. (See “Special Notes for Billed Entities Who Represent One or More Administrative Authorities” below.) 31 Federal Communications Commission FCC 03- 188 APPENDIX B Draft FCC Form 479 and Instructions 36 Federal Communications Commission FCC 03- 188 Page 1 of 2 FCC Form 479 July 2003 FCC Form Approval by OMB 479 3060- 0853 Schools and Libraries Universal Service Certification by Administrative Authority to Billed Entity of Compliance with the Children’s Internet Protection Act Please read instructions before completing. Estimated Average Burden Hours For First Submission: 15.0 hours For Subsequent Submissions: 1.5 hours Administrative Authority’s Form Identifier: ________________ Create your own code to identify THIS Form 479. (To be completed by the Administrative Authority and provided to your Billed Entity) Block 1: Administrative Authority Information 1. Name of Administrative Authority 2. Funding Year 3. Mailing Address and Contact Information for Administrative Authority Street Address, P. O. Box or Route Number City State Zip Code Name of Contact Person 10- Digit Telephone Number Fax Number E- mail Address This form is applicable only for funding years beginning July 1, 2001 or later. Persons willfully making false statements on this form can be punished by fine or forfeiture, under the Communications Act, 47 U. S. C. Secs. 502, 503( b), or fine or imprisonment under Title 18 of the United States Code, 18 U. S. C. Sec. 1001. NOTICE: The collection of information stems from the Commission's authority under Section 254 of the Communications Act of 1934, as amended, 47 U. S. C. § 254. The data in the form will be used to inform the Billed Entity of the status of compliance with the Children’s Internet Protection Act. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The FCC is authorized under the Communications Act of 1934, as amended, to collect the information requested in this form. The information you provide will be used to determine whether approving the application of your Billed Entity is in the public interest. If we believe there may be a violation or potential violation of an FCC statute, regulation, rule or order, your form may be referred to the federal, state, or local agency responsible for investigating, prosecuting, enforcing or implementing the statute, rule, regulation or order. In certain cases, the information in your form may be disclosed to the Department of Justice or a court or adjudicative body when (a) the FCC; or (b) any employee of the FCC; or (c) the United States Government, is a party in a proceeding before the body or has an interest in the proceeding. In addition, consistent with the Communications Act of 1934, FCC regulations and orders, the Freedom of Information Act, 5 U. S. C. § 552, or other applicable law, information provided in or submitted with this form or in response to subsequent inquiries may be disclosed to the public. If you do not provide the information requested on the form, the Billed Entity will be unable to complete the FCC Form 486. The foregoing Notice is required by the Paperwork Reduction Act of 1995, Pub. L. No. 104- 13, 44 U. S. C. § 3501, et seq. Public reporting burden for this collection of information is estimated to average 15.0 hours for the first submission and 1.5 hours for subsequent submissions, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing, and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the reporting burden, to the Federal Communications DO NOT SEND THIS FORM TO THE SCHOOLS AND LIBRARIES DIVISION OR TO THE FEDERAL COMMUNICATIONS COMMISSION 37 Federal Communications Commission FCC 03- 188 Page 2 of 2 FCC Form 479 July 2003 Commission, Performance Evaluation and Records Management, Washington, D. C. 20554. Name of Administrative Authority _______________________ Administrative Authority’s Form Identifier _______________ Name of Contact Person ________________________________ Telephone Number____________________________________ Block 2: Certifications and Signature 4. I am the Administrative Authority for one or more schools or libraries for which Universal Service Support Mechanism discounts have been requested or approved for eligible services. The Administrative Authority must make the required certification( s) for the purposes of the Children’s Internet Protection Act (CIPA) in order to receive discounted services. 5. I recognize that I may be audited pursuant to this form and will retain for five years any and all records that I rely upon to complete this form. 6. I certify that as of the date of the start of discounted services: a the recipient( s) of service under my administrative authority and represented in the Funding Request Number( s) for which you have requested or received Funding Commitments has (have) complied with the requirements of the Children’s Internet Protection Act, as codified at 47 U. S. C. § 254( h) and (l). b pursuant to the Children’s Internet Protection Act, as codified at 47 U. S. C. § 254( h) and (l), the recipient( s) of service under my administrative authority and represented in the Funding Request Number( s) for which you have requested or received Funding Commitments is (are) undertaking such actions, including any necessary procurement procedures, to comply with the requirements of CIPA for the next funding year, but has (have) not completed all requirements of CIPA for this funding year. c the Children’s Internet Protection Act, as codified at 47 U. S. C. § 254( h) and (l), does not apply because the recipient( s) of service under my administrative authority and represented in the Funding Request Number( s) for which you have requested or received Funding Commitments is (are) receiving discount services only for telecommunications services. CIPA Waiver. Check the box below if you are requesting a waiver of CIPA requirements for the Second Funding Year after April 20, 2001 in which the recipients of service under your administrative authority have applied for discounts: d I am providing notification that, as of the date of the start of discounted services, I am unable to make the certifications required by the Children’s Internet Protection Act, as codified at 47 U. S. C. § 254( h) and (l), because my state or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification( s) otherwise required. I certify that the recipient( s) of service under my administrative authority and represented in the Funding Request Number( s) for which you have requested or received Funding Commitments will be brought into compliance with the CIPA requirements before the start of the Third Funding Year after April 20, 2001 in which they apply for discounts. CIPA WAIVER FOR LIBRARIES FOR FUNDING YEAR 2004. Check the box below if you are requesting a waiver of CIPA requirements for the library( ies) under your administrative authority that have applied for discounts for Funding Year 2004: e I am providing notification that, as of the date of the start of discounted services in Funding Year 2004, I am unable to make the certifications required by the Children’s Internet Protection Act, as codified at 47 U. S. C. § 254( h) and (l), because my state or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification( s) otherwise required. I certify that the library( ies) under my administrative authority and represented in the Funding Request Number( s) for which you have requested or received Funding Commitments will be brought into compliance with the CIPA requirements before the start of Funding Year 2005. The certification language above is not intended to fully set forth or explain all the requirements of the statute. 7. Signature of Authorized Person 8. Date 9. Printed Name of Authorized Person 10. Title or Position of Authorized Person 38 Federal Communications Commission FCC 03- 188 Page 3 of 2 FCC Form 479 July 2003 11. Telephone Number of Authorized Person A paper copy of this form, with an original signature in Block 2, Item 7, must be mailed or delivered to your Billed Entity. 39 Federal Communications Commission FCC 03- 188 Form 479 Instructions 1 July 2003 FCC Form 479 Approval by OMB 3060- 0853 Universal Service for Schools and Libraries Certification by Administrative Authority to Billed Entity of Compliance with the Children’s Internet Protection Act Estimated Average Burden Hours For First Submission: 15.0 hours For Subsequent Submissions: 1.5 hours Instructions for Completing the Schools and Libraries Universal Service Certification by Administrative Authority to Billed Entity of Compliance with the Children’s Internet Protection Act (FCC Form 479) TABLE OF CONTENTS NOTICE Page 1 I. PURPOSE OF FORM Page 2 II. IMPACT OF CIPA REQUIREMENTS ON FORM 479 Page 2 III. SUBMISSION REQUIREMENTS AND GENERAL INSTRUCTIONS Page 4 IV. SPECIFIC INSTRUCTIONS Page 6 V. REMINDERS Page 8 NOTICE NOTICE: Section 54.520 of the Federal Communications Commission's (FCC) rules sets forth the requirements for compliance with the Children’s Internet Protection Act (CIPA) (Pub. L. 106- 554) for recipients of discounted services under the Schools and Libraries Universal Service Support Mechanism. 47 C. F. R. § 54.520. Billed Entities are required to certify that they have collected duly completed and signed FCC Forms 479 from Administrative Authorities. Administrative Authorities for schools and libraries eligible to receive discounted services under the Schools and Libraries Universal Service Support Mechanism must complete and submit signed FCC Form( s) 479 to the Billed Entity before the Billed Entity may submit FCC Form 486 and before discounts on services may be reimbursed from the Support Mechanism. FCC Form 479 is required as evidence that the eligible schools and libraries have met the purposes of the Children’s Internet Protection Act. The collection of information stems from the Commission's authority under Section 254 of the Communications Act of 1934, as amended. 47 U. S. C. § 254. The FCC may ask the Billed Entity to provide copies of these forms, and, if so, the Billed Entity will be required to provide the copies. The FCC is authorized under the Communications Act of 1934, as amended, to mandate collection of the information requested in this form. The information you provide on this form will be used to determine whether approving the application of your Billed Entity is in the public interest. If we believe there may be a violation or potential violation of an FCC statute, regulation, rule or order, including a deliberate attempt to mislead the Billed Entity or the FCC, your form may be referred to the federal, state, or local agency responsible for investigating, prosecuting, enforcing or implementing the statute, rule, regulation or order. In certain cases, the information in your form may be disclosed to the Department of Justice or a court or adjudicative body when: (a) the FCC; or (b) any employee of the FCC; or (c) the United States Government, is a party in a proceeding before the body or has an interest 40 Federal Communications Commission FCC 03- 188 Form 479 Instructions 2 July 2003 in the proceeding. In addition, consistent with the Communications Act of 1934, FCC regulations and orders, the Freedom of Information Act, 5 U. S. C. § 552, or other applicable law, information provided in or submitted with this form or in response to subsequent inquiries may be disclosed to the public. If you do not provide the information requested on the form, the Billed Entity will be unable to complete the FCC Form 486. The foregoing Notice is required by the Paperwork Reduction Act of 1995, Pub. L. No. 104- 13, 44 U. S. C. § 3501, et seq. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 15.0 hours for the first submission and 1.5 hours for subsequent submissions, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing, and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the reporting burden, to the Federal Communications Commission, Performance Evaluation and Records Management, Washington, D. C. 20554. I. PURPOSE OF FORM The FCC Form 479, Certification by Administrative Authority to Billed Entity of Compliance with the Children’s Internet Protection Act, provides notification to a Billed Entity by an Administrative Authority of the status of the Administrative Authority’s compliance for the purposes of CIPA. The Billed Entity will then certify on its FCC Form 486, Receipt of Service Confirmation Form, that it has collected duly completed and signed Forms 479 from Administrative Authorities that the Billed Entity represents. Starting in Funding Year 2002 (the Funding Year beginning July 1, 2002), Form 479 also provides notification to the Billed Entity of a request for waiver by the Administrative Authority. Throughout these instructions, the Administrative Authority may also be referred to as “you.” Note that this form must be used beginning with Funding Year 2001 (the Funding Year beginning July 1, 2001) and later. II. IMPACT OF CIPA REQUIREMENTS ON FORM 479 The Children's Internet Protection Act (CIPA) was signed into law on December 21, 2000. In order to receive discounts for Internet Access and Internal Connections services under the universal service support mechanism, school and library authorities must certify that they are enforcing a policy of Internet safety. The Internet safety policy must include measures to block or filter Internet access for both minors and adults to certain visual depictions. 41 Federal Communications Commission FCC 03- 188 Form 479 Instructions 6 July 2003 IV. SPECIFIC INSTRUCTIONS Type or clearly print in the spaces provided. Attach additional pages if necessary. Administrative Authority’s Form Identifier: Use this space to assign a number or letter of your own devising to facilitate communication with your Billed Entity about THIS particular Form 479. Your Administrative Authority’s Form Identifier can be very simple; for example, if you are filing three Forms 479, you might label them “A,” “B,” and “C.” The Administrative Authority’s Form Identifier can also be descriptive, such as “Internet.” Choose identifiers that suit your own record keeping needs. A. Block 1: Administrative Authority Information Block 1 of Form 479 asks you for your name, address, and basic identification information. Item 1 - Provide the name of the Administrative Authority. Item 2 - Provide the Funding Year (e. g., 2001 –2002) for which funds were requested or approved and for which the Billed Entity will be submitting a Form 486. Program Funding Years begin on July 1 and end on June 30. For example, Funding Year 2001 runs from July 1, 2001 through June 30, 2002. Cite only one Funding Year in this item. Item 3 - Provide the Administrative Authority’s full mailing address, whether a street address, Post Office Box number, or route number. Provide the Contact Person’s Name; 10- digit telephone number including the area code; fax number; and e- mail address. B. Block 2: Certifications and Signature Block 2 of Form 479 asks you to certify with respect to your status as the Administrative Authority and with respect to your compliance with the Children’s Internet Protection Act. Item 4 – Certify that you are an Administrative Authority for one or more schools or libraries for which Universal Service Support Mechanism discounts have been requested or approved for eligible services. You must make the required certification( s) for the purposes of the Children’s Internet Protection Act in order to receive discounted services. While the Billed Entity will not submit FCC Form 486 until after discount requests have been approved and a Funding Commitment Decision Letter (FCDL) has been issued, the Billed Entity may ask you to file FCC Form 479 in advance of approval of the requests so that the Billed Entity is ready to file the Form 486 once the FCDL has been received. Item 5 – Certify to your recognition that you may be audited pursuant to this certification and will retain for five years any and all records that you rely upon to complete this form. Item 6 - This item concerns compliance with the requirements of the Children’s Internet Protection Act (CIPA), as codified at 47 U. S. C. § 254( h) and (l), and the implementing rules as codified at 47 C. F. R. § 54.520. Check the box that describes the status of compliance with the Children’s Internet Protection Act. The certification statements in Item 6 of the Form 479 should be read as if you are addressing them to the Billed Entity. 45 Federal Communications Commission FCC 03- 188 APPENDIX C – FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 – UNIVERSAL SERVICE Subpart F – Universal Support for Schools and Libraries 1. Section 54.520 is amended by revising the second sentence of paragraph (f), and paragraph (g) to read as follows and the note to section 54.520 is deleted: § 54.520 Children’s Internet Protection Act certifications required from recipients of discounts under the federal universal service support mechanism for schools and libraries. * * * * * (f) * * * The waiver shall be granted upon the provision, by the authority responsible for making the certifications on behalf of schools or libraries, that the schools or libraries will be brought into compliance with the requirements of this section, for schools, before the start of the third program year after April 20, 2001 in which the school is applying for funds under this title, and, for libraries, before the start of Funding Year 2005 or the third program year after April 20, 2001, whichever is later. (g) Funding year certification deadlines – For Funding Year 2003 and for subsequent funding years, billed entities shall provide one of the certifications required under paragraph (c)( 1), (c)( 2) or (c)( 3) of this section on an FCC Form 486 in accordance with the existing program guidelines established by the Administrator. 49