[Federal Register Volume 67, Number 150 (Monday, August 5, 2002)]
[Rules and Regulations]
[Pages 50602-50603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19645]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[CC 96-45; FCC 02-196]


Federal-State Joint Board on Universal Service: Children's 
Internet Protection Act

AGENCY: Federal Communications Commission.

ACTION: Suspension of final rules; interim procedures; notice of 
modification of collection of information.

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SUMMARY: In this document, the Commission adopts interim measures for 
the schools and libraries universal service support mechanism in 
response to the decision issued by the United States District Court for 
the Eastern District of Pennsylvania. The court held that section 
1721(b) of the Children's Internet Protection Act (CIPA), codified at 
47 U.S.C. 254(h)(6), was facially unconstitutional and enjoined the 
Commission from withholding federal funds from any public library for 
failure to comply with the Internet-filtering requirements of the 
provision. In keeping with the court's injunction, we suspend 
enforcement of those portions of Sec. 54.520 of our rules implementing 
the provision pending final judicial action by the Supreme Court. We 
also adopt certain specific measures to ensure that libraries that have 
applied for discounted services under the schools and libraries support 
mechanism are not denied such discounts because of lack of compliance 
with the unconstitutional CIPA requirements. Finally, we direct the 
Universal Service Administrative Company to implement the necessary 
changes to program procedures and forms. We take these steps to respond 
promptly to the court's mandate and to ensure that the schools and 
libraries universal service support mechanism continues to operate in 
accordance with federal law.

EFFECTIVE DATE: August 5, 2002.

FOR FURTHER INFORMATION CONTACT: Peter Trachtenberg, Attorney-Advisor, 
(202) 418-7369.

SUPPLEMENTARY INFORMATION: This document, adopted and released on June 
28, 2002, will be available for public inspection during regular 
business hours at the FCC Reference Information Center, Room CY-A257, 
at the Federal Communications Commission, 445 12th St., SW., 
Washington, DC 20554. The complete text is available through the 
Commission's duplicating contractor: Qualex International, Portals II, 
445 12th Street, S.W., Room CY-B402, Washington, DC 20554, telephone 
202-863-2898, facsimile 202-863-2898, or via e-mail at 
[email protected].

Synopsis of Order

    1. Pending Supreme Court action, we suspend enforcement against 
libraries of those sections of 47 CFR 54.520 that were adopted to 
implement 47 U.S.C. 254(h)(6). Specifically, we suspend enforcement of 
47 CFR 54.520(c)(2)(i) and (iii), 54.520(c)(3), and 54.520(d) as they 
apply to all libraries, to the extent that these provisions require any 
library to filter or certify to such filtering under 47 U.S.C. 
254(h)(6). We further suspend enforcement of 47 CFR 54.520(g)(1) as it 
applies to all libraries.
    2. In addition, we direct the Schools and Libraries Division (SLD) 
of the Administrator to take the following specific actions to 
effectuate the principle that library applicants not be penalized for 
non-compliance with section 254(h)(6). First, SLD shall accept without 
penalty all FCC Forms 486 from Funding Year 4 library applicants that 
have not previously filed their FCC Forms 486 for a period lasting 120 
days from the release date of this Order or the release date of a 
funding commitment decision letter, whichever is later. If a library 
applicant files an FCC Form 486 after that period, the normal 120 day 
rule shall be applied to the applicant's service requests, limiting 
funding to services received on or after the date 120 days prior to the 
postmark of the FCC Form 486.
    3. Second, for those Funding Year 2001 library applicants that 
filed an FCC Form 486 after the October 28, 2001 deadline, SLD shall 
not apply any penalty for having missed the October

[[Page 50603]]

28, 2001 deadline, but such FCC Forms 486 shall still be subject to the 
normal 120 day rule.
    4. Third, for those Funding Year 2001 library applicants that filed 
an FCC Form 486 by October 28, 2001 without completing the CIPA 
certifications, SLD shall accept these forms and process them without 
penalty for the lack of certification.
    5. Fourth, SLD shall determine if there are consortia applicants 
that include library members and that either filed their FCC Forms 486 
late or reduced the shared discount rate requested by eliminating the 
library members through an FCC Form 500. In the former case, SLD shall 
deal with these consortia in a manner consistent with the measures 
specified above. In the latter case, the consortia shall be given an 
opportunity, within 120 days of the release date of this Order, to 
request funded discounts at the original rate requested.
    6. The measures specified above shall be taken only for library 
applicants. Because the court's decision does not address the 
constitutionality of the CIPA requirements as they apply to schools, 
all of the CIPA requirements as codified at sections 254(h)(5) and 
254(l) and implemented by the Commission's rules remain in effect for 
schools. This includes schools that are members of consortia, including 
consortia comprised of both schools and libraries.
    7. In addition, because the court's decision holds invalid only the 
filtering requirements set forth in section 254(h)(6) and does not 
address the validity of section 254(l), section 254(l) remains in 
effect with respect to libraries. Because the current FCC Form 486 and 
FCC Form 479 do not permit library applicants to certify to compliance 
only with section 254(l) without also certifying to compliance with 
section 254(h)(6), a change in these forms will be necessary so that 
libraries may certify to compliance with section 254(l) only. We 
therefore direct the Administrator, in consultation with the Bureau, to 
make any changes necessary to the procedures and to FCC Form 486 and 
FCC Form 479 consistent with this Order and the court's decision.
    8. Accordingly, IT IS ORDERED that, pursuant to the authority of 
sections 1-5 and 254 of the Communications Act of 1934, as amended, 47 
U.S.C. 151-155, and 254, and the Children's Internet Protection Act, 
Public Law 106-554 Secs. 1701 et seq. as codified at 47 U.S.C. 254(h) 
and (l), this Order is ADOPTED. The modifications to a collection of 
information contained within this Report and Order is contingent upon 
approval by the Office of Management and Budget.
    9. IT IS FURTHER ORDERED that enforcement of Secs. 54.520(c)(2)(i) 
and (iii), 54.520(c)(3), 54.520(d), and 54.520(g)(1) of the 
Commission's rules, 47 CFR 54.520, as they apply to all libraries and 
to the extent that they require any library to filter or certify to 
such filtering under 47 U.S.C. 254(h)(6), is SUSPENDED consistent with 
the terms of this Order.
    10. IT IS FURTHER ORDERED that AUTHORITY IS DELEGATED to the CHIEF 
OF THE WIRELINE COMPETITION BUREAU pursuant to section 5(c) of the 
Communications Act of 1934, 47 U.S.C. 155(c), to modify any forms that 
are necessary to implement the decisions adopted in this Order.
    11. IT IS FURTHER ORDERED that THIS ORDER IS EFFECTIVE August 5, 
2002. Good cause exists to make this effective immediately upon 
publication in the Federal Register. The actions we take in this Order 
are intended to bring implementation of the CIPA into compliance with 
the judgment of the federal court. It is necessary that this Order take 
effect as soon as possible in order to best fulfill this purpose.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 54 as follows:

PART 54-UNIVERSAL SERVICE

    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. The following note is added to Sec. 54.520:


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.

* * * * *

    Note to Sec. 54.520: Enforcement of paragraphs (c)(2)(i) and 
(iii), (c)(3), (d), and (g)(1), as they apply to all libraries and 
to the extent that they require any library to filter or to certify 
to such filtering under 47 U.S.C. 254(h)(6), is suspended as of 
August 5, 2002.

[FR Doc. 02-19645 Filed 8-2-02; 8:45 am]
BILLING CODE 6712-01-P