§ 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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