[Federal Register Volume 67, Number 191 (Wednesday, October 2, 2002)]
[Notices]
[Pages 61881-61882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25072]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 02-2220]


Revised Forms 486 and 479 and Accompanying Instructions for 
Schools and Libraries Universal Service Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document the Wireline Competition Bureau announces the 
release of revised FCC Forms 486 and 479 and the associated 
instructions for the schools and libraries universal service support 
mechanism. These revised forms adopt changes in the certifications that 
libraries must make to indicate compliance with the Children's Internet 
Protection Act.

DATES: September 11, 2002.

FOR FURTHER INFORMATION CONTACT: Narda Jones, Attorney, 
Telecommunications Access Policy Division, Wireline Competition Bureau, 
(202) 418-7400, TTY: (202) 418-0484.

SUPPLEMENTARY INFORMATION: The Wireline Competition Bureau of the 
Federal Communications Commission announces the release of revised FCC 
Forms 486 and 479 and the associated instructions for the schools and 
libraries universal service support mechanism. These revised forms 
adopt changes in the certifications that libraries must make to 
indicate compliance with the Children's Internet Protection Act (CIPA) 
(Public Law 106-554). The changes are adopted in response to the recent 
decision of the United States District Court for the Eastern District 
of Pennsylvania, which held that the CIPA requirements incorporated at 
47 U.S.C. 254(h)(6) were facially unconstitutional as to libraries. See 
American Library Ass'n, Inc. v. U.S., 201 F. Supp. 2d 401 (E.D. Pa. 
2002).
    SLD will continue to accept the previous versions of the FCC Forms 
486 and 479. Those libraries that choose to submit FCC Forms 486 or 479 
using the previous versions and that are required to certify to 
compliance with those CIPA certifications established by 47 U.S.C. 
254(l) should check Item 11a, certifying compliance with CIPA ``as 
codified at 47 U.S.C. 254(h) and (l).'' Libraries checking Item 11a are 
certifying that they have complied to the extent that these sections 
apply, as of the date of the start of discounted services for the 
relevant funding year. Pursuant to the decision of the United States 
District Court for the Eastern District of Pennsylvania, section 
254(h)(6) no

[[Page 61882]]

longer applies to libraries, and libraries may truthfully check Item 
11a to certify compliance only with section 254(l). Library applicants 
checking this box are certifying that they have an Internet safety 
policy as described above, and have satisfied the public notice and 
hearing/meeting requirement, but are not certifying as to a technology 
protection measure because they are not required to filter Internet 
access. The same is true for the other CIPA certifications on FCC Forms 
486 and 479. Additional guidance on the use of the old forms can be 
obtained on SLD's Web site at http://www.sl.universalservice.org/reference/CIPAGuidance.asp.
    Although SLD will continue to accept the previous versions of the 
FCC Forms 486 and 479, all applicants are strongly encouraged to make 
use of the new forms. Unlike the prior versions, the new forms can be 
scanned by SLD. Use of the new forms will expedite processing and 
receipt of discounts. The new forms and instructions may be obtained at 
the SLD Web site, http://www.sl.universalservice.org, or by contacting 
the SLD Client Service Bureau at (888) 203-8100.

Federal Communications Commission.
Mark G. Seifert,
Deputy Division Chief, Telecommunications Access Policy Division.
[FR Doc. 02-25072 Filed 10-1-02; 8:45 am]
BILLING CODE 6712-01-M