[Federal Register Volume 66, Number 73 (Monday, April 16, 2001)]
[Rules and Regulations]
[Pages 19394-19398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9325]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[CC Docket No. 96-45; FCC 01-120]
Federal-State Joint Board on Universal Service: Children's
Internet Protection Act
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission adopts rules proposed in the
Further Notice of Proposed Rulemaking, to implement the Children's
Internet Protection Act (CIPA). On December 21, 2000, the President
signed into law the Children's Internet Protection Act, included as
part of the Consolidated Appropriations Act, 2001.
DATES: Effective April 20, 2001.
FOR FURTHER INFORMATION CONTACT: Jonathan Secrest or Narda Jones,
Attorney, Common Carrier Bureau, Accounting Policy Division, (202) 418-
7400.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in CC Docket No. 96-45 released on April 5, 2001. The full
text of this document is available for public inspection during regular
business hours in the FCC Reference Center, Room CY-A257, 445 Twelfth
Street, SW., Washington, DC 20554.
I. Introduction
1. In this Report and Order, we adopt rules proposed in the Further
Notice of Proposed Rulemaking (FNPRM), 66 FR 8374, January 31, 2001, to
implement the Children's Internet Protection Act (CIPA). Congress
included CIPA as part of the Consolidated Appropriations Act, 2001.
Sections 1721 et seq. of CIPA provide that schools and libraries that
have computers with Internet access must certify that they have in
place certain Internet safety policies and technology protection
measures in order to be eligible under section 254(h) of the
Communications Act of 1934, as amended (the Act), to receive discounted
Internet access, Internet services, and internal connection services.
CIPA also requires that our rules implementing the statute be in effect
by April 20, 2001.
2. We adopt these rules with the goal of faithfully implementing
CIPA in a manner consistent with Congress's intent. We have attempted
to craft our rules in the most practical and efficacious way possible,
while providing schools and libraries with maximum flexibility in
determining the best approach. Moreover, to reduce burdens in the
application process, we have designed rules to use existing processes
where applicable. We conclude that local authorities are best situated
to choose which technology measures and Internet safety policies will
be most appropriate for their relevant communities.
II. Executive Summary
3. In this Order, we adopt rules that do the following:
In order to receive discounts for Internet access and
internal connections services under the universal service support
mechanism, school and library authorities must certify that they are
enforcing a policy of Internet safety that includes measures to block
or filter Internet access for both minors and adults to certain visual
depictions. These include visual depictions that are obscene, or child
pornography, or, with respect to use of computers with Internet access
by minors, or harmful to minors. An authorized person may disable the
blocking or filtering measure during any use by an adult to enable
access for bona fide research or other lawful purpose.
A school administrative authority must certify that its
policy of Internet safety includes monitoring the online activities of
minors.
In order to receive discounts, school and library
authorities must also certify that they have adopted and implemented an
Internet safety policy addressing access by minors to inappropriate
matter on the Internet and World Wide Web; the safety and security of
minors when using electronic mail, chat rooms, and other forms of
direct electronic communications; unauthorized access, including so-
called ``hacking,'' and other unlawful activities by minors online;
unauthorized disclosure, use, and dissemination of personal information
regarding minors; and measures designed to restrict minors' access to
materials harmful to minors.
For this funding year, schools and libraries must certify
by October 28, 2001 that they have the policies and technology measures
in place, or that they are undertaking such actions, including any
necessary procurement
[[Page 19395]]
procedures, to put them in place for the following funding year.
Because no school or library may receive services at discount rates
during any time period in which it is out of compliance with its
certification, as of the time that a school or library begins receiving
services in Funding Year 4, it must either have the policies and
technology measure in place, or be undertaking necessary actions to put
them in place for the next year.
Schools and libraries shall make the necessary
certifications in FCC Form 486, which is submitted after a decision is
made on requests for discounts under the universal service support
mechanism.
III. Procedural Matters
A. Effective Date
4. We conclude that the effective date of the rules promulgated in
this Order shall be April 20, 2001, which will be less than thirty days
after publication in the Federal Register. Although the Administrative
Procedures Act normally requires 30 days notice before rules become
effective, the Commission, for good cause, may make rules effective
with less than 30 days notice. We find such good cause based on the
shortened time frame imposed by Congress for implementation of CIPA.
B. Paperwork Reduction Act
5. The action contained herein has been analyzed with respect to
the Paperwork Reduction Act of 1995 (PRA) and found to impose new or
modified reporting and/or recordkeeping requirements or burdens on the
public. Implementation of these new or modified reporting and/or
recordkeeping requirements will be subject to approval by the Office of
Management and Budget (OMB) as prescribed by the PRA. FCC will announce
receipt of OMB approval in the Federal Register.
C. Final Regulatory Flexibility Analysis
6. As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the FNPRM.
The Commission sought written public comments on the proposals in the
FNPRM, including comment on the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA, as amended.
1. Need for, and Objectives of, the Proposed Rules
7. The Children's Internet Protection Act (CIPA), included as part
of the Consolidated Appropriations Act, 2001, Public Law 106-554,
requires the Commission to prescribe regulations in order to implement
the legislation. This Order adopts rules that implement CIPA. Eligible
school and library authorities must certify that they are enforcing a
policy of Internet safety that includes measures to block or filter
Internet access for both minors and adults to certain visual
depictions, that schools' policies of Internet safety includes
monitoring the online activities of minors, and that schools and
libraries have adopted and implemented an Internet safety policy under
section 254(l).
2. Summary of Significant Issues Raised by the Public Comments in
Response to the IRFA
8. The Commission received no comments directly addressing the
IRFA. However some comments dispute our estimate that executing the
certifications on FCC Form 486 would take approximately one minute.
These comments assert that the time requirement was longer due to the
preparation and information gathering necessary to make the CIPA
certifications. This information gathering is not a requirement imposed
upon schools and libraries by the Commission, rather CIPA requires the
collection of this data. After considering these comments, we conclude
that requiring the certifications as part of the existing FCC Form 486
process is the least burdensome procedure for program participants.
3. Description and Estimate of the Number of Small Entities To Which
Rules Will Apply
9. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one that: is independently owned and
operated; is not dominant in its field of operation; and satisfies any
additional criteria established by the Small Business Administration
(SBA). A small organization is generally ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.'' Nationwide, as of 1992, there were
approximately 275,801 small organizations. ``Small governmental
jurisdiction'' generally means ``governments of cities, counties,
towns, townships, villages, school districts, or special districts,
with a population of less than 50,000.'' As of 1992, there were
approximately 85,006 governmental entities in the United States. This
number includes 38,978 counties, cities, and towns; of these, 37,566,
or 96 percent, have populations of fewer than 50,000. The Census Bureau
estimates that this ratio is approximately accurate for all
governmental entities. Thus, of the 85,006 governmental entities, we
estimate that 81,600 (96 percent) are small entities.
10. Under the schools and libraries universal service support
mechanism, which provides support for elementary and secondary schools
and libraries, an elementary school is generally ``a non-profit
institutional day or residential school that provides elementary
education, as determined under state law.'' A secondary school is
generally as ``a non-profit institutional day or residential school
that provides secondary education, as determined under state law,'' and
not offering education beyond grade 12. For-profit schools and
libraries, and schools and libraries with endowments in excess of
$50,000,000, are not eligible to receive discounts under the program,
nor are libraries whose budgets are not completely separate from any
schools. Certain other statutory definitions apply as well. The SBA has
defined as small entities elementary and secondary schools and
libraries having $5 million or less in annual receipts. In funding year
2 (July 1, 1999 to June 20, 2000) approximately 83,700 schools and
9,000 libraries received discounts under the schools and libraries
universal service mechanism. Although we are unable to estimate with
precision the number of these entities that would qualify as small
entities under SBA's definition, we estimate that fewer than 83,700
schools and 9,000 libraries would be affected annually by the rules
promulgated in this Order, under current operation of the program.
4. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
11. This Order adopts measures that will result in minimal
additional reporting. Specifically, the Order requires eligible schools
and libraries receiving federal universal service support for Internet
access or internal connections to make one certification on FCC Form
486.
12. A Billed Entity who filed a Form 471 as a ``consortium
application'' and who is also a recipient of services as a
[[Page 19396]]
member of that consortium must select a certification from FCC Form
486.
13. Furthermore, every Billed Entity who filed a Form 471 as a
``consortium application'' on behalf of consortium members shall make
one certifications.
14. The Form 486 certification section shall also include a
disclaimer stating that the certification language is not intended to
fully set forth or explain all the requirements of the statute.
15. The Commission adopts rules, which modify FCC Form 486 to
include the certification language listed. This form is already
completed on a regular basis, and the modification would merely require
the checking of one additional box prior to signing the form. We
continue to estimate that it would take no more than one minute to
review and check the appropriate certification box. The Commission
concludes that this approach would be the most effective procedure for
implementation of CIPA's requirements, and the least burdensome to
recipients.
5. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
16. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): the
establishment of differing compliance and reporting requirements or
timetables that take into account the resources available to small
entities; the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
the use of performance, rather than design, standards; and an exemption
from coverage of the rule, or part thereof, for small entities.
17. This certification requirement is legislatively mandated by
CIPA. The Commission is attempting to implement this requirement in the
most effective and least burdensome manner possible for all entities,
including small schools and libraries. Given that a certification is
required by the legislation, we considered the alternative of having
each school and library submit separate documentation, including the
appropriate certification, to the Commission; however, such an approach
seemed unnecessarily burdensome, particularly on small entities. In
addition, even in light of comments that we underestimated the time
required to complete the certification, we still believe that it is
less burdensome to certify as part of an ongoing process. The parties'
concerns about the time taken to comply with CIPA in order to be able
to certify are not at issue here. The Commission's responsibility is to
assure the certification of compliance. As discussed, the Commission
concludes that adding the certification requirement to the existing FCC
Form 486 process is the least burdensome alternative for implementing
the requirements of the CIPA.
18. In reaching this conclusion the Commission also considered, as
an alternative, adding the certification language to the existing FCC
Form 471. However, the Form 471 is submitted by applicants for
universal service discounts, whereas CIPA requires certifications by
recipients. Furthermore, entities completing Form 471 are not assured
of receiving discounted funds, and consequently might not become
subject to CIPA requirements. Therefore we have concluded that Form
486, which is completed only by recipients of services, is more
appropriate for CIPA certifications by recipients. Recipients will know
by the time they submit the modified Form 486 that they will receive
discounts, which is not the case at the time of Form 471 submission. By
certifying on Form 486, recipients will only have to certify as to CIPA
compliance once they are certain of receiving discounted services.
19. Report to Congress: The Commission will send a copy of this
Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996. In addition, the Commission will send a copy of the Report
and Order, including this FRFA, to the Chief Counsel for Advocacy of
the Small Business Administration. A copy of the Report and Order and
FRFA (or summaries thereof) will also be published in the Federal
Register.
IV. Ordering Clauses
20. Pursuant to the authority contained in sections 1-4, 201-205,
218-220, 254, 303(r), and 403 of the Communications Act of 1934, as
amended, section 553 of the Administrative Procedure Act, and the
Children's Internet Protection Act, Public Law 106-554 1701 et seq. as
codified at 47 U.S.C. 254(h) and (l), In the Matter of Federal-State
Joint Board on Universal Service, Children's Internet Protection Act,
Report and Order in CC Docket No. 96-45 is adopted. The collection of
information contained within this Report and Order is contingent upon
approval by the Office of Management and Budget.
21. Pursuant to the authority contained in sections 1-4, 201-205,
218-220, 254, 303(r), and 403 of the Communications Act of 1934, as
amended, section 553 of the Administrative Procedure Act, and the
Children's Internet Protection Act, Public Law 106-554 1701 et seq. as
codified at 47 U.S.C. 254(h) and (l), Sec. 54.520 of the Commission's
rules, is adopted, as set forth.
22. Because the Commission has found good cause, this Report and
Order and 47 CFR 54.520, as adopted and set forth, are effective April
20, 2001, which is less than thirty days following publication in the
Federal Register.
23. The authority is delegated to the Chief of the Common Carrier
Bureau pursuant to Sec. 0.291 of the Commission's rules, to modify, or
require the filing of, any forms that are necessary to implement the
decisions and rules adopted in this Report and Order.
24. The Commission's Consumer Information Bureau, Reference
Information Center, shall send a copy of this Report and Order,
including the Final Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.
25. FCC Forms 486 and 479 contains information collections that
have not been approved by the Office of Management and Budget. The
Commission will publish a document in the Federal Register announcing
the approval of these forms.
List of Subjects 47 CFR Part 54
Reporting and recordkeeping requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 54 as follows:
PART 54--UNIVERSAL SERVICE
Subpart H--Administration
1. The authority citation for part 54 continues to read as follows:
Authority: 47 U.S.C. 1, 4(i), 201, 205, 214 and 254 unless
otherwise noted.
2. Add Sec. 54.520 to subpart H to read as follows:
Sec. 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.
[[Page 19397]]
(1) School. For the purposes of the certification requirements of
this rule, school means school, 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 Sec. 54.500. In the
case of a consortium, the billed entity is the lead member of the
consortium.
(4) Statutory definitions. The terms ``minor,'' ``obscene,''
``child pornography,'' ``harmful to minors'' and ``technology
protection measure'' as used in this section, are defined in the
Children's Internet Protection Act section 1721(c).
(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. This Internet safety
policy must also include monitoring the online activities of minors.
(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 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.
(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) 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 (CIPA), as
codified at 47 U.S.C. 254(h) and (l), the recipient(s) of service
represented in the Funding Request Number(s) for which you have
requested or received Funding Commitments 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) for which you have
requested or received Funding Commitments 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, must collect from the
authority for each of its school and library members, one of the
following signed certifications on FCC Form 479
[[Page 19398]]
(``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
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
certifications from all eligible members of the consortium.''; or I
certify as the Billed Entity for the consortium that the only services
received under the universal service support mechanism by 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.
(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, before the start of the third program year after December 21,
2000 in which the school is applying for funds under this title.
(g) Funding year certification deadlines. (1) Funding Year 4. For
Funding Year 4, billed entities shall provide one of the certifications
required under paragraph (c)(1), (c)(2) or (c)(3) of this section to
the Administrator on an FCC Form 486 postmarked no later than October
28, 2001.
(2) Funding Year 5 and subsequent funding years. For Funding Year 5
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 in accordance with the existing program guidelines
established by the Administrator.
[FR Doc. 01-9325 Filed 4-13-01; 8:45 am]
BILLING CODE 6712-01-P