Goto Section: 54.519 | 54.522 | Table of Contents
FCC 54.520
Revised as of October 1, 2013
Goto Year:2012 |
2014
§ 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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Goto Year: 2012 |
2014
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