Children's Internet Protection Act

FCC Rules ‑ April 5, 2001

1. What is required?

· In order to receive discounts for Internet access and interact services under the universal service support mechanism, school and library authorities MUST certify that they are enforcing a POLICY of internet safety that includes measures to block and filter Internet access for both minors and adults to certain visual depictions. These include visual depictions that are (1) obscene, or (2) child pornography, or, with respect to use of computers with interact access by minors, (3) harmful to minors. An authorized person may disable the blocking or filtering measure during any use by an adult to enable access for bona fide research or other lawful purpose.

· A school administrative authority must certify that its policy of Internet safety includes monitoring the online activities of minors.

· In order to receive discounts, school and library authorities must also certify that they have adopted and implemented an internet safety policy addressing (i) access by minors to inappropriate matter on the Internet and World Wide Web; (ii) the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; (iii) unauthorized access, including so‑called "hacking," and other unlawful activities by minors online; (iv) unauthorized disclosure, use, and dissemination of personal information regarding minors; and (v) measures designed to restrict minors' access to materials harmful to minors.

· For this funding year, schools and libraries must certify by OCTOBER 28 2001 that they have the policies and technology measures in place, or that they are undertaking such actions, including any necessary measure in place, or that they are undertaking such actions, including any necessary procurement procedures, to put them in place for the following funding year. Because no school or library may receive services at discount rates during any time period in which it is out of compliance with its certification, as of the time that a school or library begins receiving services in Funding Year 4, it MUST either have the POLICIES AND TECHNOLOGY MEASURES IN PLACE, or BE UNDERTAKING NECESSARY ACTIONS TO PUT THEM IN PLACE FOR THE NEXT YEAR

· Schools and libraries shall make the necessary certifications in FCC Form 486, which is submitted after a decision is made for discounts under the universal service support mechanism.

2. Who is required to make certification?

A school or library that receives discounts for Internet access and internal connections under the federal universal service support mechanism ‑ certification must be made

EACH FUNDING YEAR. Schools and libraries that only receive discounts for telecommunication services are not subject to the requirements, but must indicate that they only receive discounts for telecommunications services.

· The billed entity (the one applying) for a school is the one who certifies compliance. In the case of a consortium, the billed entity is the lead member of the consortium.

· The billed entity of a consortium must collect from the authority for each of its schools a certification of compliance on FCC Form 479 and certify on Form 486 that the forms have been collected from all members.

3. Failure to provide certification

A school that fails to submit certifications as required shall not be eligible for discounted services until the certifications are submitted.

· In consortia, if the billed entity knowingly fails to collect the certifications, the entire consortium is rendered ineligible.

4. Failure to comply with the certifications

· A school that fails to ensure the use of computers in accordance with the certifications, must reimburse any funds or discounts received under the federal universal service support mechanism for the duration in which there was noncompliance.

· In the case of consortia, the eligibility for discounts of members who ensure the use of computers in accordance with the certification requirements shall NOT be affected by the failure of other members to do so.

5. Waivers

· Waivers shall be granted when the authority responsible for making the certifications required, cannot make them because the state or local procurement rules or regulations or competitive bidding requirements, prevent the making ofthe certifications required. The waiver shall be granted upon the provision, by the authority, that the schools will be brought into compliance with the requirements before the third program year in which the school is applying for funds.

6. Certification deadlines

· Funding Year 4 ‑ postmarked no later than October 28, 2001

· Funding Year 5 ‑ according to the guidelines established by the Administrator

7. Sample School Certifications ‑ (choose one of the following)

· The recipient(s) of services represented in the Funding Request Number(s) on this Form 486 has (have) complied with the requirements of the Children's Internet Protection Act

· Pursuant to the Children's Internet Protection Act, the recipient(s) of service represented in the Funding Request Number(s) on this Form 486 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 for this Funding Year.

· The Children's Protection Act does not apply because the recipient(s) is (are) receiving discount services only for telecommunications services.

· In addition, the billed entity for consortia must certify with one‑of the following options (1) I certify as the Billed Entity for the consortium that I have collected and signed certifications from all eligible members; or (2) I certify as the Billed Entity for the consortium that only services received are telecommunications services, and therefore the requirements do not apply

· The billed entity for a consortium is NOT responsible for verifying that members' certifications are accurate.

8. Public Notice and Hearing Requirements

· CIPA establishes that a school, school board, local educational agency, or other authority with responsibility for administration of the school, shall provide reasonable public notice and hold at least one public hearing or meeting to address a proposed Internet safety policy.

· If an entity has already provided reasonable notice and at least one public hearing or meeting to an Internet safety policy and technology protection measure that meets the requirements of CIPA, then we conclude that the entity has already complied with the public notice and hearing requirements.

· Please note that in my memo of January 19, 2001, it said that this hearing "... may be limited to those members of the public with a relationship to the school." In its current rules the FCC says that all schools eligible for discounted services fall under the appropriate definition of an elementary and secondary school, so this interpretation of the statute is not accurate ‑ you cannot make such a limitation on hearing attendees.