§  54.520   Children's Internet Protection Act certifications required from
recipients of discounts under the federal universal service support mechanism
for schools and libraries.

   (a) Definitions .

   (1) School. For the purposes of the certification requirements of this
   rule, school means school, school board, school district, local
   education agency or other authority responsible for administration of a
   school.

   (2) Library. For the purposes of the certification requirements of this
   rule, library means library, library board or authority responsible for
   administration of a library.

   (3) Billed entity. Billed entity is defined in §  54.500. In the case of
   a consortium, the billed entity is the lead member of the consortium.

   (4) Statutory definitions.

   (i) The term “minor” means any individual who has not attained the age
   of 17 years.

   (ii) The term “obscene” has the meaning given such term in 18 U.S.C.
   1460.

   (iii) The term “child pornography” has the meaning given such term in
   18 U.S.C. 2256.

   (iv) The term “harmful to minors” means any picture, image, graphic
   image file, or other visual depiction that—

   (A) Taken as a whole and with respect to minors, appeals to a prurient
   interest in nudity, sex, or excretion;

   (B) Depicts, describes, or represents, in a patently offensive way with
   respect to what is suitable for minors, an actual or simulated sexual
   act or sexual contact, actual or simulated normal or perverted sexual
   acts, or a lewd exhibition of the genitals; and

   (C) Taken as a whole, lacks serious literary, artistic, political, or
   scientific value as to minors.

   (v) The terms “sexual act” and “sexual contact” have the meanings given
   such terms in 18 U.S.C. 2246.

   (vi) The term “technology protection measure” means a specific
   technology that blocks or filters Internet access to the material
   covered by a certification under paragraph (c) of this section.

   (b) Who is required to make certifications? (1) A school or library
   that receives discounts for Internet access and internal connections
   services under the federal universal service support mechanism for
   schools and libraries, must make such certifications as described in
   paragraph (c) of this section. The certifications required and
   described in paragraph (c) of this section must be made in each funding
   year.

   (2) Schools and libraries that only receive discounts for
   telecommunications services under the federal universal service support
   mechanism for schools and libraries are not subject to the requirements
   47 U.S.C. 254(h) and (l), but must indicate, pursuant to the
   certification requirements in paragraph (c) of this section, that they
   only receive discounts for telecommunications services.

   (c) Certifications required under 47 U.S.C. 254(h) and (l) —(1)
   Schools. The billed entity for a school that receives discounts for
   Internet access or internal connections must certify on FCC Form 486
   that an Internet safety policy is being enforced. If the school is an
   eligible member of a consortium but is not the billed entity for the
   consortium, the school must certify instead on FCC Form 479
   (“Certification to Consortium Leader of Compliance with the Children's
   Internet Protection Act”) that an Internet safety policy is being
   enforced.

   (i) The Internet safety policy adopted and enforced pursuant to 47
   U.S.C. 254(h) must include a technology protection measure that
   protects against Internet access by both adults and minors to visual
   depictions that are obscene, child pornography, or, with respect to use
   of the computers by minors, harmful to minors. The school must enforce
   the operation of the technology protection measure during use of its
   computers with Internet access, although an administrator, supervisor,
   or other person authorized by the certifying authority under paragraph
   (a)(1) of this section may disable the technology protection measure
   concerned, during use by an adult, to enable access for bona fide
   research or other lawful purpose. This Internet safety policy must also
   include monitoring the online activities of minors. Beginning July 1,
   2012, schools' Internet safety policies must provide for educating
   minors about appropriate online behavior, including interacting with
   other individuals on social networking Web sites and in chat rooms and
   cyberbullying awareness and response.

   (ii) The Internet safety policy adopted and enforced pursuant to 47
   U.S.C. 254(l) must address all of the following issues:

   (A) Access by minors to inappropriate matter on the Internet and World
   Wide Web,

   (B) The safety and security of minors when using electronic mail, chat
   rooms, and other forms of direct electronic communications,

   (C) Unauthorized access, including so-called “hacking,” and other
   unlawful activities by minors online;

   (D) Unauthorized disclosure, use, and dissemination of personal
   information regarding minors; and

   (E) Measures designed to restrict minors' access to materials harmful
   to minors.

   (iii) A school must satisfy its obligations to make certifications by
   making one of the following certifications required by paragraph (c)(1)
   of this section on FCC Form 486:

   (A) The recipient(s) of service represented in the Funding Request
   Number(s) on this Form 486 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 represented in
   the Funding Request Number(s) on this Form 486, for whom this is the
   first funding year in the federal universal service support mechanism
   for schools and libraries, 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
   represented in the Funding Request Number(s) on this Form 486 is (are)
   receiving discount services only for telecommunications services.

   (2) Libraries . The billed entity for a library that receives discounts
   for Internet access and internal connections must certify, on FCC Form
   486, that an Internet safety policy is being enforced. If the library
   is an eligible member of a consortium but is not the billed entity for
   the consortium, the library must instead certify on FCC Form 479
   (“Certification to Consortium Leader of Compliance with the Children's
   Internet Protection Act”) that an Internet safety policy is being
   enforced.

   (i) The Internet safety policy adopted and enforced pursuant to 47
   U.S.C. 254(h) must include a technology protection measure that
   protects against Internet access by both adults and minors to visual
   depictions that are obscene, child pornography, or, with respect to use
   of the computers by minors, harmful to minors. The library must enforce
   the operation of the technology protection measure during use of its
   computers with Internet access, although an administrator, supervisor,
   or other person authorized by the certifying authority under paragraph
   (a)(2) of this section may disable the technology protection measure
   concerned, during use by an adult, to enable access for bona fide
   research or other lawful purpose.

   (ii) The Internet safety policy adopted and enforced pursuant to 47
   U.S.C. 254(l) must address all of the following issues:

   (A) Access by minors to inappropriate matter on the Internet and World
   Wide Web;

   (B) The safety and security of minors when using electronic mail, chat
   rooms, and other forms of direct electronic communications;

   (C) Unauthorized access, including so-called “hacking,” and other
   unlawful activities by minors online;

   (D) Unauthorized disclosure, use, and dissemination of personal
   information regarding minors; and

   (E) Measures designed to restrict minors' access to materials harmful
   to minors.

   (iii) A library must satisfy its obligations to make certifications by
   making one of the following certifications required by paragraph (c)(2)
   of this section on FCC Form 486:

   (A) The recipient(s) of service represented in the Funding Request
   Number(s) on this Form 486 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 represented in
   the Funding Request Number(s) on this Form 486, for whom this is the
   first funding year in the federal universal service support mechanism
   for schools and libraries, 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
   represented in the Funding Request Number(s) on this Form 486 is (are)
   receiving discount services only for telecommunications services.

   (3) Certifications required from consortia members and billed entities
   for consortia. (i) The billed entity of a consortium, as defined in
   paragraph (a)(3) of this section, other than one requesting only
   discounts on telecommunications services for consortium members, must
   collect from the authority for each of its school and library members,
   one of the following signed certifications on FCC Form 479
   (“Certification to Consortium Leader of Compliance with the Children's
   Internet Protection Act”), which must be submitted to the billed entity
   consistent with paragraph (c)(1) or paragraph (c)(2) of this section:

   (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,
   and for whom this is the first funding year in the federal universal
   service support mechanism for schools and libraries, 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; and

   (ii) The billed entity for a consortium, as defined in paragraph (a)(3)
   of this section, must make one of the following two certifications on
   FCC Form 486: “I certify as the Billed Entity for the consortium that I
   have collected duly completed and signed Forms 479 from all eligible
   members of the consortium.”; or I certify “as the Billed Entity for the
   consortium that the only services that I have been approved for
   discounts under the universal service support on behalf of eligible
   members of the consortium are telecommunications services, and
   therefore the requirements of the Children's Internet Protection Act,
   as codified at 47 U.S.C. 254(h) and (l), do not apply.”; and

   (iii) The billed entity for a consortium, as defined in paragraph
   (a)(3) of this section, who filed an FCC Form 471 as a “consortium
   application” and who is also a recipient of services as a member of
   that consortium must select one of the certifications under paragraph
   (c)(3)(i) of this section on FCC Form 486.

   (4) Local determination of content. A determination regarding matter
   inappropriate for minors shall be made by the school board, local
   educational agency, library, or other authority responsible for making
   the determination. No agency or instrumentality of the United States
   Government may establish criteria for making such determination; review
   the determination made by the certifying school, school board, school
   district, local educational agency, library, or other authority; or
   consider the criteria employed by the certifying school, school board,
   school district, local educational agency, library, or other authority
   in the administration of the schools and libraries universal service
   support mechanism.

   (5) Availability for review. Each Internet safety policy adopted
   pursuant to 47 U.S.C. 254(l) shall be made available to the Commission,
   upon request from the Commission, by the school, school board, school
   district, local educational agency, library, or other authority
   responsible for adopting such Internet safety policy for purposes of
   the review of such Internet safety policy by the Commission.

   (d) Failure to provide certifications —(1) Schools and libraries. A
   school or library that knowingly fails to submit certifications as
   required by this section, shall not be eligible for discount services
   under the federal universal service support mechanism for schools and
   libraries until such certifications are submitted.

   (2) Consortia. A billed entity's knowing failure to collect the
   required certifications from its eligible school and library members or
   knowing failure to certify that it collected the required
   certifications shall render the entire consortium ineligible for
   discounts under the federal universal service support mechanism for
   school and libraries.

   (3) Reestablishing eligibility. At any time, a school or library deemed
   ineligible for discount services under the federal universal service
   support mechanism for schools and libraries because of failure to
   submit certifications required by this section, may reestablish
   eligibility for discounts by providing the required certifications to
   the Administrator and the Commission.

   (e) Failure to comply with the certifications —(1) Schools and
   libraries. A school or library that knowingly fails to ensure the use
   of computers in accordance with the certifications required by this
   section, must reimburse any funds and discounts received under the
   federal universal service support mechanism for schools and libraries
   for the period in which there was noncompliance.

   (2) Consortia . In the case of consortium applications, the eligibility
   for discounts of consortium members who ensure the use of computers in
   accordance with the certification requirements of this section shall
   not be affected by the failure of other school or library consortium
   members to ensure the use of computers in accordance with such
   requirements.

   (3) Reestablishing compliance . At any time, a school or library deemed
   ineligible for discounts under the federal universal service support
   mechanism for schools and libraries for failure to ensure the use of
   computers in accordance with the certification requirements of this
   section and that has been directed to reimburse the program for
   discounts received during the period of noncompliance, may reestablish
   compliance by ensuring the use of its computers in accordance with the
   certification requirements under this section. Upon submittal to the
   Commission of a certification or other appropriate evidence of such
   remedy, the school or library shall be eligible for discounts under the
   universal service mechanism.

   (f) Waivers based on state or local procurement rules and regulations
   and competitive bidding requirements. Waivers shall be granted to
   schools and libraries when the authority responsible for making the
   certifications required by this section, cannot make the required
   certifications because its state or local procurement rules or
   regulations or competitive bidding requirements, prevent the making of
   the certification otherwise required. 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.

   (h) Public notice; hearing or meeting. A school or library shall
   provide reasonable public notice and hold at least one public hearing
   or meeting to address the proposed Internet safety policy.

   [ 66 FR 19396 , Apr. 16, 2001;  66 FR 22133 , May 3, 2001, as amended at  67 FR 50603 , Aug. 5, 2002;  68 FR 47255 , Aug. 8, 2003;  76 FR 56303 , Sept.
   13, 2011]

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