FCC Web Documents citing 54.520

as compiled by hallikainen.com/FccRules on 2012 06 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-31A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-31A1.pdf
  • Protection Act and associated Commission rules require schools and libraries receiving discounts for Internet access or internal connections to implement and enforce Internet safety policies that, among other things, must include technology protection measures that protect against Internet access to visual depictions that are obscene, child pornography, or harmful to minors. See 47 U.S.C. § 254(h), (l); 47 C.F.R. § 54.520. As another example, the Digital Millennium Copyright Protection Act provides service providers a limitation on liability for copyright infringement with respect to material that users store on the service provider's system or network if, among other things, upon notification of complained infringement the service provider responds expeditiously to remove, or disable access to, the material. See 17 U.S.C. § 512(c).
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  • CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. In cases of consortium applicants, the Commission put the certifications on a new FCC Form 479, which must be completed by each of the consortium members and then collected and retained by the consortium leader. The Commission also amended its rules, adding the CIPA requirements at section 54.520. In accordance with CIPA's requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120 day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 by no later than October 28,
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  • CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. In cases of consortium applicants, the Commission put the certifications on a new FCC Form 479, which must be completed by each of the consortium members and then collected and retained by the consortium leader. The Commission also amended its rules, adding the CIPA requirements at section 54.520. In accordance with CIPA's requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120 day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 by no later than October 28,
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  • CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. In cases of consortium applicants, the Commission put the certifications on a new FCC Form 479, which must be completed by each of the consortium members and then collected and retained by the consortium leader. The Commission also amended its rules, adding the CIPA requirements at section 54.520. To comply with CIPA's statutory requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120 day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 by no later than October
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  • further guidance on a reasonable schedule for libraries to acquire and install filtering software, consistent with their certification obligations under CIPA. For further information, contact Jennifer Schneider in the Telecommunications Access Policy Division, Wireline Competition Bureau, at (202) 418-7400, TTY (202) 418-0484. United States v. American Library Ass'n, No. 02-361, 2003 WL 21433656 (June 23, 2003). See 47 C.F.R. § 54.520. American Library Ass'n v. United States, 201 F.Supp.2d 401 (E.D. Penn. 2002). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 17 FCC Rcd 12,433 (2002) (specifically suspending enforcement of sections 54.520(c)(2)(i) and (iii), (c)(3), (d), and (g)(1) of its rules as applied to libraries, 47 CFR § 54.520(c)(2)(i) and (iii), (c)(3), (d), and (g)(1)). American Library Ass'n,
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  • and dissemination of personal identification information regarding minors; and (5) measures designed to restrict minors' access to material harmful to minors. To implement these new provisions, the Commission issued the CIPA Order, which, inter alia, added new certifications to the FCC Form 486 beginning in Funding Year 2001. The Commission also amended its rules, adding the CIPA requirements at section 54.520. In accordance with CIPA's requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120-day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 no later than October 28, 2001 unless
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  • CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. In cases of consortium applicants, the Commission put the certifications on a new FCC Form 479, which must be completed by each of the consortium members and then collected and retained by the consortium leader. The Commission also amended its rules, adding the CIPA requirements at section 54.520. In accordance with CIPA's requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120 day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 by no later than October 28,
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  • Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-232946, CC Docket Nos. 96-45 and 97-21, Order, 18 FCC Rcd 5466 (Wireline Comp. Bur. 2003) (Eastern Lebanon Order) (granting waiver request for telecommunications services for Funding Year 2001 where SLD unduly delayed notifying applicant of incomplete FCC Form 486). 47 C.F.R. § 54.520(g)(1). We note that applicants receiving discounts on Internet access and/or internal connections in Funding Year 2001 that received Funding Commitment Decision Letters (FCDLs) and started services prior to October 28, 2001 are subject to the October 28, 2001 deadline imposed by the Children's Internet Protection Act (CIPA). This CIPA certification deadline is statutory and cannot be waived. 47 U.S.C. §
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  • Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002); 47 C.F.R. § 54.520. 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, 8188-89, 8191, paras. 10, 18 (2001); 47 C.F.R. § 54.520(g); Form 486 Instructions at 8-10. Form 486 Instructions at 9-10. See, e.g., Request for Review by East Carroll Parish School Board, Federal-State Joint Board on Universal Service, Changes
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  • Year 2001 FCC Forms 486 no later than October 28, 2001, unless the service began after that date or a funding commitment decision letter was issued after that date. Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No 96-45, Report and Order, 16 FCC Rcd 8182, 8185 at para. 3 (2001) (CIPA Order); 47 C.F.R. § 54.520(g); Instructions for Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) at 8-10 (FCC Form 486 Instructions). Administrator's Decision on Appeal at 1-2. FCC Form 486, Spokane Public Schools, filed June 5, 2002. According to SLD's procedures, a change in a service provider's name is treated as a ``Corrective SPIN Change.'' See SLD
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  • (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (Form 486 Instructions). See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. USAC determined that the postmark on the October 2003 FCC Form 486 was after the allowable FCC Form 486 early filing date, but prior to the actual start of service installation, and that the box indicating that the Form 486 was being filed prior to the service start date had not been checked. USAC Application Activity Sheet, entries dated January
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  • Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. Id. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tracy Svevad, The Douglas-Omaha Technology Commission, dated Dec. 3, 2004 (Funding Commitment Decision Letter). Id. Request for Waiver at 1. Id. Id. Id. Id. 47 C.F.R. §1.3. Northeast Cellular Telephone Co.
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  • Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. CIPA II Order, 17 FCC Rcd at 12445, para. 5; FCC Form 486 Instructions at 6. FCC Form 486 Instructions at 6. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ron Milliner, Owensboro Public Schools, dated March 16, 2004 (Funding Commitment Decision Letter). Id. Request for Waiver at 2. (retrieved Sept. 1, 2006). Request for Waiver
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  • Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (2003 FCC Form 486 Instructions) (collectively, FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. See November 2001 Announcements, Funding Year 3 Disbursement Closeout Process, available at http://www.sl.universalservice.org/whatsnew/2001/112001.asp. Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 8182, 8188-89, 8191, paras. 10, 18 (2001) (CIPA Order); 47 C.F.R. § 54.520(g)(1) (2001); 2001 Form 486 Instructions. Under the Children's Internet Protection Act (CIPA) and the
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  • of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). FCC Form 486 Instructions at 12-13. FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. FCC Form 471, Glendale Unified School District, certified February 4, 2003 (Glendale FCC Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patrick Kennedy, Glendale Unified School District, dated March 3, 2004 (Funding Commitment Decision Letter); FCC Form 486, Glendale Unified School District, dated March 8, 2004 (Glendale FCC Form 486). Glendale FCC Form 486 at
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  • Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (2001 FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. See 47 U.S.C. §§ 151 et seq. 47 U.S.C. § 254(h)(5)(E), (6)(E); Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 8182, 8188-89, 8191, paras. 10, 18 (2001) (CIPA Order). CIPA requires that applicants in Funding Year 2001 filed certifications of compliance with the statute within 120 days of
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  • Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 at 2 (August 2003) (FCC Form 486 Instructions). See, e.g., FCC Form 486 Instructions at 2; see also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. Under the Children's Internet Protection Act (CIPA) and the Neighborhood Children's Internet Protection Act (NCIPA), Congress imposed new conditions on schools with Internet access that request discounted services under the E-rate program. 47 U.S.C. § 254(h)(5), 254(l). Schools seeking E-rate funding for Internet access or internal connections services must certify that they comply with these conditions on the FCC Form
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  • of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). FCC Form 486 Instructions at 12-13. FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. FCC Form 471, Harvey Public Library District, certified Jan. 14, 2002 (Harvey FCC Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jay Kalman, Harvey Public Library District, dated Dec. 30, 2002 (Funding Commitment Decision Letter); FCC Form 486, Harvey Public Library District, dated Feb. 22, 2003 (Harvey FCC Form 486). Request for Waiver at 1-2;
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  • Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (2003 FCC Form 486 Instructions) (collectively, FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2; see also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. See, e.g., Service Provider Conference Call Minutes, February 7, 2001, available at http://www.usac.org/sl/about/call-minutes/020701min.asp (retrieved Aug. 11, 2008); January 29, 2001 Minutes, Schools & Libraries Committee Meeting; available at http://www.universalservice.org/about/governance/board-directors/meeting -minutes/sl-committee/2001/012901.asp (retrieved Aug. 11, 2008). CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. CIPA II Order, 17 FCC Rcd at 12445, para. 5;
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  • prohibited because, pursuant to the Elementary and Secondary Education Act of 1965, ``the term `secondary school' means a nonprofit institutional day or residential school, ... as determined under State law, except that the term does not include any education beyond grade 12.'' 20 U.S.C. § 7801 (38) (emphasis added). 47 C.F.R. § 54.518. 47 U.S.C § 254(h)(6); 47 C.F.R. § 54.520. See, e.g., ``Public Libraries and the Internet 2008: Study Results and Findings,'' College of Information, Florida State University, funded by the Bill and Melinda Gates Foundation and the American Library Association at 47 (2006) (2008 ALA Study) (noting that 40.5% of libraries did not apply in 2008 because of the need to comply with CIPA's filtering requirements, up from 36.1%
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  • me know if you have any questions. Sincerely, Dana R. Shaffer Chief Wireline Competition Bureau Table C Policy Issues Issue Relevant Rule Guidance 1. Technology Plan Deficiency - applicant's technology plan did not have all five criteria. 54.508(a), stating the required elements of a technology plan. Recover. 2. CIPA certification violations - applicant did not comply with all CIPA requirements. 54.520(c)(1), stating the certifications required by 47 CFR § 254(h) and (l). Recover generally; however, certain situations may not warrant recovery. See letter. 3. Services delivered to an entity that was not approved to receive the service on FCC Form 471 for the Funding Request Number (FRN). 4th R & O, 19 FCC Rcd 15252, ¶15, stating that the service provider
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  • Form 486 Instructions) (collectively, FCC Form 486 Instructions). Id. at 5; see also 47 U.S.C. §§ 151 et seq. See, e.g., 2003 and 2007 Form 486 Instructions at 2; see also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. (last visited May 20, 2010). CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. See Appendix. Generally, the Commission's rules may
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  • 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 §§ 1701 et seq. as codified at 47 U.S.C. § 254(h) and (l), section 54.520 of the Commission's rules, 47 C.F.R. § 54.520 IS ADOPTED, as set forth in Appendix C attached hereto. IT IS FURTHER ORDERED that, because the Commission has found good cause, this Report and Order and 47 C.F.R. § 54.520, as adopted and set forth in Appendix C, are EFFECTIVE April 20, 2001, which is less than thirty days following publication
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  • 54.503, 54.506 (b) and 54.518, all of which were effective as of February 12, 1998) allocated the cost of any contract, for which request for discount was made, to eligible and ineligible components (Section 54.504 (g) which was effective as of March 11, 2004) submitted a certification on FCC Form 486 that an Internet safety policy is being enforced (Section 54.520 (c) which was effective as of August 5, 2002) complied with the certification on FCC Form 486, such that: it enforced a policy of Internet safety that includes monitoring the online activities of minors and the operation of a technology protection measure, with respect to any of its computers with Internet access, that protects against access through such computers to
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  • ) ) ) ) CC Docket No. 02-6 GN Docket No. 09-51 ERRATUM Released: August 19, 2011 By the Chief, Wireline Competition Bureau: On August 11, 2011, the Commission released a Report and Order, FCC 11-125, in the above-captioned proceeding. This Erratum amends Appendix A of the Report and Order by correcting the last sentence in paragraph (c)(1)(i) under section 54.520 to read as follows: ``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 websites and in chat rooms and cyberbullying awareness and response.'' FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief Wireline
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  • 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. An Administrative Authority can certify Item 6b only in the first Funding Year after Funding Year 2000 (the Funding Year beginning July
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  • 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. Additional information on the requirements of CIPA is posted in Step 10: Children's Internet Protection Act on the USAC website at http://www.usac.org/sl/applicants/step10/cipa.aspx. If this Form 486 pertains to Funding Year
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-120A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-120A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-120A1.txt
  • 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 §§ 1701 et seq. as codified at 47 U.S.C. § 254(h) and (l), section 54.520 of the Commission's rules, 47 C.F.R. § 54.520 IS ADOPTED, as set forth in Appendix C attached hereto. IT IS FURTHER ORDERED that, because the Commission has found good cause, this Report and Order and 47 C.F.R. § 54.520, as adopted and set forth in Appendix C, are EFFECTIVE April 20, 2001, which is less than thirty days following publication
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-196A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-196A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-196A1.txt
  • CIPA, a provision imposing specific conditions on libraries seeking discounts under the schools and libraries universal service support mechanism, was facially unconstitutional. The court specifically enjoined the Commission from withholding federal funds from any public library for failure to comply with the requirements of the provision. In keeping with the court's injunction, we suspend enforcement of those portions of section 54.520 of our rules implementing section 254(h)(6), pending final judicial action. We adopt certain specific measures to ensure that libraries that have applied for discounted telecommunications, Internet access, or internal connections services under the support mechanism are not denied such discounts because of lack of compliance with the CIPA requirements that have been declared unconstitutional and suspend enforcement of our rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-188A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-188A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-188A1.txt
  • 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. To implement these new provisions, the Commission amended its rules in 2001, adding the CIPA and NCIPA requirements as section 54.520. The CIPA Order also added new certifications for CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-190A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-190A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-190A1.txt
  • 88. Id. at 26948-49 para. 89. Id. at 26949 para. 90. See, e.g., BellSouth Comments at 9-10; California Reply Comments at 9; CoSN Comments at 6. See infra Appendix B. See Council of the Great City Schools Comments at 7. See, e.g., Council of the Great City Schools Comments at 7. See 47 C.F.R. § 54.505. See 47 C.F.R. § 54.520. See BellSouth Comments at 9-10; California Reply Comments at 9. See also Universal Service Order, 12 FCC Rcd at 9081, para. 581 (eligibility for support is conditioned on schools' and libraries' consent to cooperate in future random compliance audits to ensure that services are being used appropriately). See 47 U.S.C. § 254(h)(1)(B); Universal Service Order, 12 FCC Rcd at 9078
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-31A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-31A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-31A1.txt
  • Protection Act and associated Commission rules require schools and libraries receiving discounts for Internet access or internal connections to implement and enforce Internet safety policies that, among other things, must include technology protection measures that protect against Internet access to visual depictions that are obscene, child pornography, or harmful to minors. See 47 U.S.C. § 254(h), (l); 47 C.F.R. § 54.520. As another example, the Digital Millennium Copyright Protection Act provides service providers a limitation on liability for copyright infringement with respect to material that users store on the service provider's system or network if, among other things, upon notification of complained infringement the service provider responds expeditiously to remove, or disable access to, the material. See 17 U.S.C. § 512(c).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-96A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-96A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-96A1.txt
  • discounted eligible telecommunications, Internet access, and internal connections services. In accordance with the Children's Internet Protection Act (CIPA), to be eligible for E-rate discounts for Internet access and internal connection services, schools and libraries that have computers with Internet access must certify that they have in place certain Internet safety policies and technology protection measures. As required by CIPA, section 54.520(c)(i) of the Commission's rules requires that the Internet safety policy must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are (1) obscene, or (2) child pornography, or, with respect to use of the computers by minors, (3) harmful to minors. In addition, section 54.520(c)(i) requires the entity to certify
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-175A1.txt
  • included CIPA as part of the Consolidated Appropriations Act, 2001, Pub. L. No. 106-554 §§ 1701 et seq. Section 1721 of CIPA amends section 254(h) of the Act. 47 U.S.C § 254(h) (requiring schools and libraries that have computers with Internet access to certify that they have in place certain Internet safety policies and technology protection measures); 47 C.F.R. § 54.520(c)(i). 16 See Appendix A, 47 C.F.R. § 54.518 as amended herein. 17 47 U.S.C. § 254(c)(1), (c)(3), (h)(1)(B), and (h)(2)(A). Congress charged the Commission with establishing competitively neutral rules to enhance access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms and libraries, and also provided the Commission with the authority to designate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-33A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-33A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-33A1.txt
  • the Children's Internet Protection Act (CIPA), under current program rules, schools receiving E-rate discounts must certify that they are using ``technology protection measures'' to block access to inappropriate content by minors. See Consolidated Appropriations Act, 2001, Pub. L. No. 106-554 §§ 1701 et seq. Section 1721 of CIPA amends section 254(h) of the Act. 47 U.S.C § 254(h); 47 C.F.R. §54.520(c)(1)(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 computers by minors, harmful to minors.''). While supporting community use of E-rate funded facilities and services, AT&T questions
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-83A1.txt
  • Congress included the Children's Internet Protection Act (CIPA) as part of the Consolidated Appropriations Act, 2001, Pub. L. No. 106-554 §§ 1701 et seq. Section 1721 of CIPA amends section 254(h) of the Act. 47 U.S.C § 254(h); Protecting Children in the 21st Century Act, Pub. L. No. 110-385, Title II, 122 Stat. 4096 (2008). See also 47 C.F.R. § 54.520. The Council of Great City School notes that filtering and CIPA-compliant access can be provided outside of school buildings. Council of Great City Schools NBP Public Notice #15 Comments at 3. 47 U.S.C. § 254 (h)(1)(B); 47 C.F.R. § 54.504(b)(2)(v); 47 C.F.R. § 54.504(c)(1)(vii). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order and Notice of Proposed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-125A1.txt
  • may apply for discounted eligible telecommunications, Internet access, and internal connections services. Since 2001, in accordance with CIPA, to be eligible for E-rate discounts for Internet access and internal connection services, schools and libraries that have computers with Internet access must certify that they have in place certain Internet safety policies and technology protection measures. As required by CIPA, section 54.520(c) of the Commission's rules requires that the Internet safety policy must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are (1) obscene; (2) child pornography; or, with respect to use of the computers by minors, (3) harmful to minors. In addition, section 54.520(c)(1)(i) requires a school to certify that
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.txt
  • 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 §§ 1701 et seq. as codified at 47 U.S.C. § 254(h) and (l), section 54.520 of the Commission's rules, 47 C.F.R. § 54.520 IS ADOPTED, as set forth in Appendix C attached hereto. IT IS FURTHER ORDERED that, because the Commission has found good cause, this Report and Order and 47 C.F.R. § 54.520, as adopted and set forth in Appendix C, are EFFECTIVE April 20, 2001, which is less than thirty days following publication
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-31A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-31A1.pdf
  • Protection Act and associated Commission rules require schools and libraries receiving discounts for Internet access or internal connections to implement and enforce Internet safety policies that, among other things, must include technology protection measures that protect against Internet access to visual depictions that are obscene, child pornography, or harmful to minors. See 47 U.S.C. § 254(h), (l); 47 C.F.R. § 54.520. As another example, the Digital Millennium Copyright Protection Act provides service providers a limitation on liability for copyright infringement with respect to material that users store on the service provider's system or network if, among other things, upon notification of complained infringement the service provider responds expeditiously to remove, or disable access to, the material. See 17 U.S.C. § 512(c).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3163A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3163A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3163A1.txt
  • CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. In cases of consortium applicants, the Commission put the certifications on a new FCC Form 479, which must be completed by each of the consortium members and then collected and retained by the consortium leader. The Commission also amended its rules, adding the CIPA requirements at section 54.520. In accordance with CIPA's requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120 day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 by no later than October 28,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3366A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3366A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3366A1.txt
  • CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. In cases of consortium applicants, the Commission put the certifications on a new FCC Form 479, which must be completed by each of the consortium members and then collected and retained by the consortium leader. The Commission also amended its rules, adding the CIPA requirements at section 54.520. In accordance with CIPA's requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120 day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 by no later than October 28,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3367A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3367A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3367A1.txt
  • CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. In cases of consortium applicants, the Commission put the certifications on a new FCC Form 479, which must be completed by each of the consortium members and then collected and retained by the consortium leader. The Commission also amended its rules, adding the CIPA requirements at section 54.520. To comply with CIPA's statutory requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120 day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 by no later than October
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2117A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2117A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2117A1.txt
  • further guidance on a reasonable schedule for libraries to acquire and install filtering software, consistent with their certification obligations under CIPA. For further information, contact Jennifer Schneider in the Telecommunications Access Policy Division, Wireline Competition Bureau, at (202) 418-7400, TTY (202) 418-0484. United States v. American Library Ass'n, No. 02-361, 2003 WL 21433656 (June 23, 2003). See 47 C.F.R. § 54.520. American Library Ass'n v. United States, 201 F.Supp.2d 401 (E.D. Penn. 2002). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 17 FCC Rcd 12,433 (2002) (specifically suspending enforcement of sections 54.520(c)(2)(i) and (iii), (c)(3), (d), and (g)(1) of its rules as applied to libraries, 47 CFR § 54.520(c)(2)(i) and (iii), (c)(3), (d), and (g)(1)). American Library Ass'n,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-383A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-383A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-383A1.txt
  • and dissemination of personal identification information regarding minors; and (5) measures designed to restrict minors' access to material harmful to minors. To implement these new provisions, the Commission issued the CIPA Order, which, inter alia, added new certifications to the FCC Form 486 beginning in Funding Year 2001. The Commission also amended its rules, adding the CIPA requirements at section 54.520. In accordance with CIPA's requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120-day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 no later than October 28, 2001 unless
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-844A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-844A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-844A1.txt
  • CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. In cases of consortium applicants, the Commission put the certifications on a new FCC Form 479, which must be completed by each of the consortium members and then collected and retained by the consortium leader. The Commission also amended its rules, adding the CIPA requirements at section 54.520. In accordance with CIPA's requirement that applicants in Funding Year 2001 make their certifications within 120 days of the start of the funding year, the Commission added an additional deadline to the normal 120 day rule for FCC Forms 486. Under CIPA, Funding Year 2001 applicants were required to file their FCC Forms 486 by no later than October 28,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1503A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1503A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1503A1.txt
  • Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-232946, CC Docket Nos. 96-45 and 97-21, Order, 18 FCC Rcd 5466 (Wireline Comp. Bur. 2003) (Eastern Lebanon Order) (granting waiver request for telecommunications services for Funding Year 2001 where SLD unduly delayed notifying applicant of incomplete FCC Form 486). 47 C.F.R. § 54.520(g)(1). We note that applicants receiving discounts on Internet access and/or internal connections in Funding Year 2001 that received Funding Commitment Decision Letters (FCDLs) and started services prior to October 28, 2001 are subject to the October 28, 2001 deadline imposed by the Children's Internet Protection Act (CIPA). This CIPA certification deadline is statutory and cannot be waived. 47 U.S.C. §
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2177A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2177A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2177A1.txt
  • Form, OMB 3060-0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (July 2001) (Form 486 Instructions). See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002); 47 C.F.R. § 54.520. 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, 8188-89, 8191, paras. 10, 18 (2001); 47 C.F.R. § 54.520(g); Form 486 Instructions at 8-10. Form 486 Instructions at 9-10. See, e.g., Request for Review by East Carroll Parish School Board, Federal-State Joint Board on Universal Service, Changes
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2178A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2178A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2178A1.txt
  • Year 2001 FCC Forms 486 no later than October 28, 2001, unless the service began after that date or a funding commitment decision letter was issued after that date. Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No 96-45, Report and Order, 16 FCC Rcd 8182, 8185 at para. 3 (2001) (CIPA Order); 47 C.F.R. § 54.520(g); Instructions for Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) at 8-10 (FCC Form 486 Instructions). Administrator's Decision on Appeal at 1-2. FCC Form 486, Spokane Public Schools, filed June 5, 2002. According to SLD's procedures, a change in a service provider's name is treated as a ``Corrective SPIN Change.'' See SLD
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2833A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2833A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2833A1.txt
  • (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (Form 486 Instructions). See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. USAC determined that the postmark on the October 2003 FCC Form 486 was after the allowable FCC Form 486 early filing date, but prior to the actual start of service installation, and that the box indicating that the Form 486 was being filed prior to the service start date had not been checked. USAC Application Activity Sheet, entries dated January
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1656A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1656A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1656A1.txt
  • Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. Id. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tracy Svevad, The Douglas-Omaha Technology Commission, dated Dec. 3, 2004 (Funding Commitment Decision Letter). Id. Request for Waiver at 1. Id. Id. Id. Id. 47 C.F.R. §1.3. Northeast Cellular Telephone Co.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1770A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1770A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1770A1.txt
  • Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). See, e.g., FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. CIPA II Order, 17 FCC Rcd at 12445, para. 5; FCC Form 486 Instructions at 6. FCC Form 486 Instructions at 6. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Ron Milliner, Owensboro Public Schools, dated March 16, 2004 (Funding Commitment Decision Letter). Id. Request for Waiver at 2. (retrieved Sept. 1, 2006). Request for Waiver
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1871A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1871A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1871A1.txt
  • Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (2003 FCC Form 486 Instructions) (collectively, FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. See November 2001 Announcements, Funding Year 3 Disbursement Closeout Process, available at http://www.sl.universalservice.org/whatsnew/2001/112001.asp. Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 8182, 8188-89, 8191, paras. 10, 18 (2001) (CIPA Order); 47 C.F.R. § 54.520(g)(1) (2001); 2001 Form 486 Instructions. Under the Children's Internet Protection Act (CIPA) and the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-244A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-244A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-244A1.txt
  • of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). FCC Form 486 Instructions at 12-13. FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. FCC Form 471, Glendale Unified School District, certified February 4, 2003 (Glendale FCC Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Patrick Kennedy, Glendale Unified School District, dated March 3, 2004 (Funding Commitment Decision Letter); FCC Form 486, Glendale Unified School District, dated March 8, 2004 (Glendale FCC Form 486). Glendale FCC Form 486 at
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  • Completing the Schools and Libraries Universal Service Receipt of Service Confirmation Form, OMB 3060-0853 (July 2001) (2001 FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. See 47 U.S.C. §§ 151 et seq. 47 U.S.C. § 254(h)(5)(E), (6)(E); Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Report and Order, 16 FCC Rcd 8182, 8188-89, 8191, paras. 10, 18 (2001) (CIPA Order). CIPA requires that applicants in Funding Year 2001 filed certifications of compliance with the statute within 120 days of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1418A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1418A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1418A1.txt
  • Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060-0853 at 2 (August 2003) (FCC Form 486 Instructions). See, e.g., FCC Form 486 Instructions at 2; see also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. Under the Children's Internet Protection Act (CIPA) and the Neighborhood Children's Internet Protection Act (NCIPA), Congress imposed new conditions on schools with Internet access that request discounted services under the E-rate program. 47 U.S.C. § 254(h)(5), 254(l). Schools seeking E-rate funding for Internet access or internal connections services must certify that they comply with these conditions on the FCC Form
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  • of Service Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (FCC Form 486 Instructions). FCC Form 486 Instructions at 12-13. FCC Form 486 Instructions at 2. See also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. FCC Form 471, Harvey Public Library District, certified Jan. 14, 2002 (Harvey FCC Form 471). Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jay Kalman, Harvey Public Library District, dated Dec. 30, 2002 (Funding Commitment Decision Letter); FCC Form 486, Harvey Public Library District, dated Feb. 22, 2003 (Harvey FCC Form 486). Request for Waiver at 1-2;
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  • Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2 (2003 FCC Form 486 Instructions) (collectively, FCC Form 486 Instructions). See, e.g., 2003 Form 486 Instructions at 2; see also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. See, e.g., Service Provider Conference Call Minutes, February 7, 2001, available at http://www.usac.org/sl/about/call-minutes/020701min.asp (retrieved Aug. 11, 2008); January 29, 2001 Minutes, Schools & Libraries Committee Meeting; available at http://www.universalservice.org/about/governance/board-directors/meeting -minutes/sl-committee/2001/012901.asp (retrieved Aug. 11, 2008). CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. CIPA II Order, 17 FCC Rcd at 12445, para. 5;
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  • prohibited because, pursuant to the Elementary and Secondary Education Act of 1965, ``the term `secondary school' means a nonprofit institutional day or residential school, ... as determined under State law, except that the term does not include any education beyond grade 12.'' 20 U.S.C. § 7801 (38) (emphasis added). 47 C.F.R. § 54.518. 47 U.S.C § 254(h)(6); 47 C.F.R. § 54.520. See, e.g., ``Public Libraries and the Internet 2008: Study Results and Findings,'' College of Information, Florida State University, funded by the Bill and Melinda Gates Foundation and the American Library Association at 47 (2006) (2008 ALA Study) (noting that 40.5% of libraries did not apply in 2008 because of the need to comply with CIPA's filtering requirements, up from 36.1%
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  • me know if you have any questions. Sincerely, Dana R. Shaffer Chief Wireline Competition Bureau Table C Policy Issues Issue Relevant Rule Guidance 1. Technology Plan Deficiency - applicant's technology plan did not have all five criteria. 54.508(a), stating the required elements of a technology plan. Recover. 2. CIPA certification violations - applicant did not comply with all CIPA requirements. 54.520(c)(1), stating the certifications required by 47 CFR § 254(h) and (l). Recover generally; however, certain situations may not warrant recovery. See letter. 3. Services delivered to an entity that was not approved to receive the service on FCC Form 471 for the Funding Request Number (FRN). 4th R & O, 19 FCC Rcd 15252, ¶15, stating that the service provider
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  • Form 486 Instructions) (collectively, FCC Form 486 Instructions). Id. at 5; see also 47 U.S.C. §§ 151 et seq. See, e.g., 2003 and 2007 Form 486 Instructions at 2; see also Federal-State Joint Board on Universal Service, Children's Internet Protection Act, CC Docket No. 96-45, Order, 17 FCC Rcd 12443, 12444, para. 4 (2002) (CIPA II Order); 47 C.F.R. § 54.520. (last visited May 20, 2010). CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. CIPA II Order, 17 FCC Rcd at 12445, para. 5; 2003 Form 486 Instructions at 6. See Appendix. Generally, the Commission's rules may
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  • 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 §§ 1701 et seq. as codified at 47 U.S.C. § 254(h) and (l), section 54.520 of the Commission's rules, 47 C.F.R. § 54.520 IS ADOPTED, as set forth in Appendix C attached hereto. IT IS FURTHER ORDERED that, because the Commission has found good cause, this Report and Order and 47 C.F.R. § 54.520, as adopted and set forth in Appendix C, are EFFECTIVE April 20, 2001, which is less than thirty days following publication
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  • 54.503, 54.506 (b) and 54.518, all of which were effective as of February 12, 1998) allocated the cost of any contract, for which request for discount was made, to eligible and ineligible components (Section 54.504 (g) which was effective as of March 11, 2004) submitted a certification on FCC Form 486 that an Internet safety policy is being enforced (Section 54.520 (c) which was effective as of August 5, 2002) complied with the certification on FCC Form 486, such that: it enforced a policy of Internet safety that includes monitoring the online activities of minors and the operation of a technology protection measure, with respect to any of its computers with Internet access, that protects against access through such computers to
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  • ) ) ) ) CC Docket No. 02-6 GN Docket No. 09-51 ERRATUM Released: August 19, 2011 By the Chief, Wireline Competition Bureau: On August 11, 2011, the Commission released a Report and Order, FCC 11-125, in the above-captioned proceeding. This Erratum amends Appendix A of the Report and Order by correcting the last sentence in paragraph (c)(1)(i) under section 54.520 to read as follows: ``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 websites and in chat rooms and cyberbullying awareness and response.'' FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief Wireline
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  • 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. An Administrative Authority can certify Item 6b only in the first Funding Year after Funding Year 2000 (the Funding Year beginning July
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  • 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. Additional information on the requirements of CIPA is posted in Step 10: Children's Internet Protection Act on the USAC website at http://www.usac.org/sl/applicants/step10/cipa.aspx. If this Form 486 pertains to Funding Year
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  • 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 §§ 1701 et seq. as codified at 47 U.S.C. § 254(h) and (l), section 54.520 of the Commission's rules, 47 C.F.R. § 54.520 IS ADOPTED, as set forth in Appendix C attached hereto. IT IS FURTHER ORDERED that, because the Commission has found good cause, this Report and Order and 47 C.F.R. § 54.520, as adopted and set forth in Appendix C, are EFFECTIVE April 20, 2001, which is less than thirty days following publication
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  • CIPA, a provision imposing specific conditions on libraries seeking discounts under the schools and libraries universal service support mechanism, was facially unconstitutional. The court specifically enjoined the Commission from withholding federal funds from any public library for failure to comply with the requirements of the provision. In keeping with the court's injunction, we suspend enforcement of those portions of section 54.520 of our rules implementing section 254(h)(6), pending final judicial action. We adopt certain specific measures to ensure that libraries that have applied for discounted telecommunications, Internet access, or internal connections services under the support mechanism are not denied such discounts because of lack of compliance with the CIPA requirements that have been declared unconstitutional and suspend enforcement of our rules
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  • 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. To implement these new provisions, the Commission amended its rules in 2001, adding the CIPA and NCIPA requirements as section 54.520. The CIPA Order also added new certifications for CIPA and NCIPA to the FCC Form 486 beginning in Funding Year 2001. 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
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  • 88. Id. at 26948-49 para. 89. Id. at 26949 para. 90. See, e.g., BellSouth Comments at 9-10; California Reply Comments at 9; CoSN Comments at 6. See infra Appendix B. See Council of the Great City Schools Comments at 7. See, e.g., Council of the Great City Schools Comments at 7. See 47 C.F.R. § 54.505. See 47 C.F.R. § 54.520. See BellSouth Comments at 9-10; California Reply Comments at 9. See also Universal Service Order, 12 FCC Rcd at 9081, para. 581 (eligibility for support is conditioned on schools' and libraries' consent to cooperate in future random compliance audits to ensure that services are being used appropriately). See 47 U.S.C. § 254(h)(1)(B); Universal Service Order, 12 FCC Rcd at 9078
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  • Protection Act and associated Commission rules require schools and libraries receiving discounts for Internet access or internal connections to implement and enforce Internet safety policies that, among other things, must include technology protection measures that protect against Internet access to visual depictions that are obscene, child pornography, or harmful to minors. See 47 U.S.C. § 254(h), (l); 47 C.F.R. § 54.520. As another example, the Digital Millennium Copyright Protection Act provides service providers a limitation on liability for copyright infringement with respect to material that users store on the service provider's system or network if, among other things, upon notification of complained infringement the service provider responds expeditiously to remove, or disable access to, the material. See 17 U.S.C. § 512(c).
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  • discounted eligible telecommunications, Internet access, and internal connections services. In accordance with the Children's Internet Protection Act (CIPA), to be eligible for E-rate discounts for Internet access and internal connection services, schools and libraries that have computers with Internet access must certify that they have in place certain Internet safety policies and technology protection measures. As required by CIPA, section 54.520(c)(i) of the Commission's rules requires that the Internet safety policy must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are (1) obscene, or (2) child pornography, or, with respect to use of the computers by minors, (3) harmful to minors. In addition, section 54.520(c)(i) requires the entity to certify
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  • included CIPA as part of the Consolidated Appropriations Act, 2001, Pub. L. No. 106-554 §§ 1701 et seq. Section 1721 of CIPA amends section 254(h) of the Act. 47 U.S.C § 254(h) (requiring schools and libraries that have computers with Internet access to certify that they have in place certain Internet safety policies and technology protection measures); 47 C.F.R. § 54.520(c)(i). 16 See Appendix A, 47 C.F.R. § 54.518 as amended herein. 17 47 U.S.C. § 254(c)(1), (c)(3), (h)(1)(B), and (h)(2)(A). Congress charged the Commission with establishing competitively neutral rules to enhance access to advanced telecommunications and information services for all public and nonprofit elementary and secondary school classrooms and libraries, and also provided the Commission with the authority to designate
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  • the Children's Internet Protection Act (CIPA), under current program rules, schools receiving E-rate discounts must certify that they are using ``technology protection measures'' to block access to inappropriate content by minors. See Consolidated Appropriations Act, 2001, Pub. L. No. 106-554 §§ 1701 et seq. Section 1721 of CIPA amends section 254(h) of the Act. 47 U.S.C § 254(h); 47 C.F.R. §54.520(c)(1)(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 computers by minors, harmful to minors.''). While supporting community use of E-rate funded facilities and services, AT&T questions
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  • Congress included the Children's Internet Protection Act (CIPA) as part of the Consolidated Appropriations Act, 2001, Pub. L. No. 106-554 §§ 1701 et seq. Section 1721 of CIPA amends section 254(h) of the Act. 47 U.S.C § 254(h); Protecting Children in the 21st Century Act, Pub. L. No. 110-385, Title II, 122 Stat. 4096 (2008). See also 47 C.F.R. § 54.520. The Council of Great City School notes that filtering and CIPA-compliant access can be provided outside of school buildings. Council of Great City Schools NBP Public Notice #15 Comments at 3. 47 U.S.C. § 254 (h)(1)(B); 47 C.F.R. § 54.504(b)(2)(v); 47 C.F.R. § 54.504(c)(1)(vii). Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order and Notice of Proposed
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  • may apply for discounted eligible telecommunications, Internet access, and internal connections services. Since 2001, in accordance with CIPA, to be eligible for E-rate discounts for Internet access and internal connection services, schools and libraries that have computers with Internet access must certify that they have in place certain Internet safety policies and technology protection measures. As required by CIPA, section 54.520(c) of the Commission's rules requires that the Internet safety policy must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are (1) obscene; (2) child pornography; or, with respect to use of the computers by minors, (3) harmful to minors. In addition, section 54.520(c)(1)(i) requires a school to certify that
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  • 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 §§ 1701 et seq. as codified at 47 U.S.C. § 254(h) and (l), section 54.520 of the Commission's rules, 47 C.F.R. § 54.520 IS ADOPTED, as set forth in Appendix C attached hereto. IT IS FURTHER ORDERED that, because the Commission has found good cause, this Report and Order and 47 C.F.R. § 54.520, as adopted and set forth in Appendix C, are EFFECTIVE April 20, 2001, which is less than thirty days following publication