[Federal Register Volume 68, Number 153 (Friday, August 8, 2003)]
[Rules and Regulations]
[Pages 47253-47255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20205]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[CC Docket No. 96-45; FCC 03-188]


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 measures to ensure 
that its implementation of the Children's Internet Protection Act 
(CIPA) complies with the recent decision of the United States Supreme 
Court. CIPA requires schools and libraries with ``computer Internet 
access'' to certify that they have Internet safety policies and 
technology protection measures, e.g., software filtering technology, to 
receive discounts for Internet access and internal connections under 
the schools and libraries universal service support mechanism (e-rate).

DATES: The rule and the revised FCC Forms 479 and 486 in this document 
contain collection requirements that have not been approved by OMB. 
Upon OMB approval, the Commission will publish a document in the 
Federal Register announcing the effective date of the rule and the 
revised FCC Forms 479 and 486.

FOR FURTHER INFORMATION CONTACT: Jennifer Schneider, Attorney, Wireline 
Competition Bureau, Telecommunications Access Policy Division, (202) 
418-7400.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in CC Docket No. 96-45 released on July 24, 2003. 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 Order, we adopt measures to ensure that our 
implementation of the Children's Internet Protection Act (CIPA) 
complies with the recent decision of the United States Supreme Court. 
CIPA requires schools and libraries with ``computer Internet access'' 
to certify that they have Internet safety policies and technology 
protection measures, e.g., software filtering technology, to receive 
discounts for Internet access and internal connections under the 
schools' and libraries' universal service support mechanism (e-rate).
    2. Libraries subject to CIPA's filtering requirements that are not 
currently in compliance with the CIPA filtering requirements must 
undertake efforts in Funding Year 2003 to comply by Funding Year 2004 
in order to receive e-rate funds. Libraries must be in compliance with 
the CIPA requirements by Funding Year 2004, except to the extent such 
libraries are eligible for and receive a waiver of the CIPA 
requirements pursuant to section 254(h)(6)(E)(ii)(III). We direct the 
Administrator in consultation with the Wireline Competition Bureau 
(Bureau) to implement the necessary procedural changes, including 
changes to the current CIPA-related certifications required of 
applicants. We take these steps to respond promptly to the Supreme 
Court's decision and to ensure that the schools' and libraries' 
universal service support mechanism continues to operate in accordance 
with federal law.

II. Discussion

    3. Consistent with the Supreme Court decision, as of the effective 
date of this Order, we lift the suspension of enforcement of those 
Sec.  of 54.520 of our rules which implemented the section 254(h)(6) 
requirement that libraries have Internet filtering technology to 
receive discounts for Internet access and internal connections under e-
rate. Specifically, we lift the suspension of enforcement of Sec. Sec.  
54.520(c)(2)(i) and (iii), 54.520(c)(3), 54.520(d), and 54.520(g)(1) of 
our rules as applied to libraries. In addition, we modify Sec.  
54.520(f) and (g) to conform with the revised timeline for the 
implementation of section 254(h)(6) of the Act.
    4. Consistent with the implementation framework established by 
Congress, libraries receiving e-rate discounts for Internet access or 
internal connections shall have one year from July 1, 2003, which is 
the start of Funding Year 2003, to come into compliance with the 
filtering requirements of CIPA. When Congress enacted CIPA in 2001, it 
recognized that it may take libraries a significant amount of time to 
procure and install the Internet filtering technology required to 
comply with CIPA. Accordingly, CIPA allows libraries either to certify 
(1) that they are in compliance with CIPA or (2) that they are 
``undertaking such actions, including any necessary procurement 
procedures, to put in place'' the required policy measures to comply 
with CIPA for the next funding year. Given that the Supreme Court 
decision was issued on June 23, 2003 and will be effective no sooner 
than July 18, 2003,

[[Page 47254]]

we believe that it is unrealistic to expect all libraries to be in a 
position to certify compliance with CIPA for Funding Year 2003, which 
began July 1, 2003. In order to comply with the statute's Internet 
filtering requirement, many libraries must prepare a budget for the 
purchase of software and related costs, design, procure and/or order 
software appropriate for their systems, install the software and 
implement a procedure for unblocking the filter upon request by an 
adult. This process, as Congress recognized, would almost certainly 
take some time to complete. Therefore, we conclude that allowing 
libraries this time period to comply with CIPA filtering requirements 
is consistent with Congress's intent in enacting CIPA and with the 
public interest.
    5. During Funding Year 2003, all libraries that receive discounts 
for Internet access or internal connections must certify that they are 
either compliant with CIPA or undertaking efforts to be in compliance 
by the time the libraries commence services for Funding Year 2004. 
Libraries that are not in compliance with CIPA for Funding Year 2003 
and will not be undertaking efforts during Funding Year 2003 to comply 
with CIPA by Funding Year 2004 may not receive e-rate funds for 
Internet access or internal connections for Funding Year 2003. Such 
libraries may receive e-rate funds only for telecommunications 
services. All libraries that have not filed an FCC Form 486 prior to 
the effective date of this Order must file the revised FCC Form 486. 
All libraries that filed the September 2002 version of the FCC Form 486 
prior to the effective date of this Order and will receive discounts 
for Internet access or internal connections for Funding Year 2003 must 
also refile using the revised FCC Form 486. The deadline for submitting 
all revised FCC Form 486s remains the same for all libraries--the later 
of 120 days after the Service Start Date or 120 days after the date of 
the Funding Commitment Decision Letter. Libraries that filed the 
September 2002 version of the FCC Form 486 for Funding Year 2003 prior 
to the effective date of this Order and that receive e-rate funds only 
for telecommunications services are not required to file a revised FCC 
Form 486. The filing of a revised FCC Form 486 for such libraries is 
unnecessary because they do not need to certify compliance with the 
CIPA filtering requirements.
    6. These filing requirements also apply to library consortium 
leaders. Billed entities that are library consortium leaders should 
abide by the instructions for filing the FCC Form 486. Billed entities 
that previously filed the September 2002 version of FCC Form 486 on 
behalf of library consortium members must file the revised FCC Form 
486, unless all members of the consortium receive e-rate funds only for 
telecommunications services. In addition, all library consortium 
members must file with their billed entity, and all billed entities 
must collect and hold from each consortium member the revised FCC Form 
479. All library consortium members that filed an FCC Form 479 prior to 
the effective date of this Order must file a revised FCC Form 479 with 
their billed entity within 45 days after the effective date of this 
Order. In order for such library consortium members to receive e-rate 
funds for Internet access and internal connections for Funding Year 
2003, they must be in compliance with CIPA or undertaking efforts to be 
in compliance with CIPA at the time the revised FCC Form 479 is filed. 
Library consortium members that did not file FCC Form 479 prior to the 
effective date of this Order should work with their billed entity to 
determine when to submit the revised FCC Form 479. In addition, billed 
entities whose consortia include both libraries that are in compliance 
with CIPA for Funding Year 2003 or undertaking efforts to comply for 
Funding Year 2004 and libraries that do not intend to comply with CIPA 
must file FCC Form 500 to adjust their funding commitments as 
applicable within 30 days after filing the revised FCC Form 486. This 
FCC Form 500 filing requirement is necessary only for Funding Year 2003 
because of the timing of the Supreme Court decision.
    7. CIPA also provides for a waiver of the certification 
requirements in the second year after the effective date of CIPA if 
state or local procurement rules or regulations or competitive bidding 
requirements prevent compliance. Accordingly, consistent with this 
provision of CIPA, a library or billed entity that applies for 
discounts in Funding Year 2003 may submit a waiver request for Funding 
Year 2004 if state or local procurement rules or regulations or 
competitive bidding requirements prevent compliance by the start of 
Funding Year 2004. The revised FCC Forms 486 and 479 attached to this 
Order have been revised to reflect this option.

III. Ordering Clauses

    8. 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 section 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 
Order are contingent upon approval by the Office of Management and 
Budget.
    9. The suspension of enforcement implemented in the Interim Order, 
67 FR 50602, August 5, 2002, of Sec. Sec.  54.520(c)(2)(i) and (iii), 
54.520(c)(3), 54.520(d), and 54.520(g)(1) of the Commission's rules 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 lifted as of the effective date of this Order, consistent 
with the terms of this Order.
    10. 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, 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, Public Law 106-554 section 1701 et 
seq. as codified at 47 U.S.C. 254(h), the amendments to Sec. Sec.  
54.520 (f) and (g) of the Commission's rules are adopted.
    11. 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.
    12. The rule and the revised FCC Forms 479 and 486 in this document 
contain collection requirements that have not been approved by OMB. 
Upon OMB approval, the Commission will publish a document in the 
Federal Register announcing the effective date of the rule and the 
revised FCC Forms 479 and 486.

List of Subjects 47 CFR Part 54

    Reporting and recordkeeping requirements, Telecommunications, 
Telephone.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 54 as follows:

PART 54--UNIVERSAL SERVICE

0
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.


[[Page 47255]]


0
2. Amend Sec.  54.520 by revising the second sentence of paragraph (f), 
revise paragraph (g), and remove the note to Sec.  54.520. The 
revisions 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.

* * * * *
    (f) * * * The waiver shall be granted upon the provision, by the 
authority responsible for making the certifications on behalf of 
schools or libraries, that the schools or libraries will be brought 
into compliance with the requirements of this section, for schools, 
before the start of the third program year after April 20, 2001 in 
which the school is applying for funds under this title, and, for 
libraries, before the start of Funding Year 2005 or the third program 
year after April 20, 2001, whichever is later.
    (g) Funding year certification deadlines--For Funding Year 2003 and 
for subsequent funding years, billed entities shall provide one of the 
certifications required under paragraph (c)(1), (c)(2) or (c)(3) of 
this section on an FCC Form 486 in accordance with the existing program 
guidelines established by the Administrator.
[FR Doc. 03-20205 Filed 8-7-03; 8:45 am]
BILLING CODE 6712-01-P