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CIPA Guidance for Libraries for FY2003

The FCC’s Second CIPA Order (FCC 03-188) became effective August 14, 2003 upon the approval of the revised FCC Forms 486 and 479 by the Office of Management and Budget. The following guidance for library applicants concerns compliance with the filtering provision of the Children’s Internet Protection Act (CIPA), as directed by the FCC Order.

Under CIPA, schools and libraries receiving discounts on Internet Access and/or Internal Connections must have an Internet safety policy that addresses certain issues and includes a technology protection measure to protect against certain visual depictions. There is also a public notice/hearing requirement. (Note that the requirements of CIPA do not apply to Telecommunications Services.) Libraries receiving discounts on these services for FY2003 must either be in compliance with the technology protection measure requirement or be undertaking actions to include the technology protection measure, but they must be in compliance with the Internet safety policy and public notice/hearing requirements by the start of services in FY2003 if they have received discounts on Internet Access and/or Internal Connections in FY2001 or 2002, and in compliance with all of the requirements of CIPA by the start of FY2004. The Order does not change the CIPA requirements for schools.

For a discussion of the requirements of CIPA, please see the “Impact of CIPA Requirements on Form 486” in the Form 486 Instructions.

Filing Form 486 for FY2003. On August 24, the SLD canceled Forms 486 for FY2003 that had been entered into our system that were filed online or on paper by library outlet/branches, library systems, and consortia containing libraries, and that feature Funding Request Numbers (FRNs) for Internet Access and Internal Connections. This cancellation affects ALL FRNs featured on those Forms 486, including FRNs for Telecommunications Services. (Note that Forms 486 featuring ONLY Telecommunications Services FRNs were not canceled.) Both the Billed Entities and the service providers featured in those FRNs will receive notification advising of the Form 486 cancellation and listing the affected FRNs. These Billed Entities must file a revised Form 486.

Although the SLD encourages all applicants to use the revised form, the SLD will reach out to Billed Entities that submitted an earlier version of the paper Form 486 that has not been data entered and provide them with a procedure for submitting a revised Form 486. As long as the Billed Entities follow the guidance for that procedure, the SLD will accept the postmark date of the earlier form as the postmark date of the revised form and will temporarily suspend the Minimum Processing Standards requirement for using the August 2003 version of Form 486 for all Billed Entities for forms postmarked on or before December 31, 2003. In all cases, Forms 486 that fail other Minimum Processing Standards will be returned, as will earlier versions of Form 486 postmarked after December 31, 2003. New Form 486 Notification Letters will be issued to both applicants and service providers after the revised form is successfully data entered.

Form 486 deadlines for all funding years, including FY2003. The Form 486 must be postmarked no later than 120 days after the Service Start Date featured on the Form 486 or no later than 120 days after the date of the Funding Commitment Decision Letter (FCDL), whichever is later, in order to receive discounts retroactively to the Service Start Date. If the Form 486 is postmarked later than the above deadline, the date 120 days before the Form 486 postmark date will become the start date for discounted services on those Funding Requests featured on the Form 486. The SLD will not provide discounts for the services rendered prior to the new start date and will reduce the funding commitment for the relevant FRN as appropriate. For services that were in place on July 1, 2003, and for which an FCDL had been issued by July 1, 2003, the 120-day deadline is October 29, 2003.

Online Form 486. The online Form 486 is now available. It has been revised to feature the August 2003 Form 486 CIPA Certifications.

Form 479 deadlines for FY2003. Libraries that are members of consortia and that submitted an earlier version of the FCC Form 479 to their Billed Entity were required to submit the revised Form 479 (dated August 2003) to their Billed Entity on or before September 29, 2003. Library members that have not submitted a Form 479 to their Billed Entity should work with their Billed Entity to determine when to submit the revised Form 479.

Libraries that do not intend to comply with the technology protection measure requirement in FY2003. Libraries that are not in compliance with the technology protection measure requirement of CIPA in FY2003 nor undertaking actions to comply with that requirement by the start of service in FY2004 may still receive discounts on Internet Access and Internal Connections for the period July 1 – August 14, 2003. The SLD will provide a form for these libraries to submit in lieu of a Form 486. These libraries agree to submit one FCC Form 472, Billed Entity Applicant Reimbursement (BEAR) Form, to request discounts for the services received during that specific period.

If a consortium contains both libraries making a CIPA certification and libraries unwilling to make a CIPA certification, the Billed Entity for that consortium must file an FCC Form 500 to adjust the appropriate funding commitments as applicable within 30 days after filing the revised Form 486. Note that libraries that do not intend to comply with the technology protection measure requirement of CIPA may still receive discounts on Internet Access and Internal Connections services for the period July 1 – August 14, 2003.

Completing the revised Form 486 and Form 479 for services delivered in FY2002. The revised Form 486 is now required for all funding years. If FY2002 is the Second Funding Year for purposes of CIPA for a library, that library can certify that it is undertaking actions to comply with CIPA by the start of FY2003 (Item 11b on Form 486 or Item 6b on Form 479). (For an explanation of First, Second and Third Funding Years for purposes of CIPA, please refer to the “Impact of CIPA Requirements on Form 486” in the Form 486 Instructions). The SLD will understand by that certification that the library met the Internet safety policy and public hearing/meeting requirements of CIPA by the start of services in FY2002.

For more information on the requirements of CIPA, please refer to the Form 486 Instructions.

  Content Last Modified: October 10, 2003