Impact of Children’s Internet Protection Act (CIPA) on E-rate Discounts

1. Impact ofChildren’s Internet Protection Act (CIPA) on E-rate Discounts Train-the-Trainer Workshop September 17-18, 2001 Schools & Libraries Division, USAC

2. Impact of CIPA Requirements on E-rate Discounts • 1. Overview • 2. General Certification Information • 3. Administrative Authorities • 4. Waivers • 5. Specific Certification Information • 6. Certification Deadlines • 7. Summary

3. Overview

4. CIPA Overview – Key Dates • 12/21/2000 - CIPA signed into law • 01/23/2001 - FCC released Notice of Proposed Rule Making (NPRM) • 04/05/2001 - FCC released final rules • 04/20/2001 - Effective Date of FCC rules

5. CIPA Overview • Amends three federal laws: • Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) • Museum and Library Services Act(20 U.S.C. 9134(b)) • Communications Act of 1934(47 U.S.C. 254(h) and (l))

6. CIPA Overview • Effective Date of FCC Rules — 04/20/2001 • Funding Year 4 (the Funding Year beginning 07/01/2001) is the first E-rate program funding year after the effective date • Programs under the Museum and Library Services Act and the Elementary and Secondary Education Act begin at a later date

7. NCIPA • Subtitle of CIPA - Neighborhood Children’s Internet Protection Act • Sections 1731 – 1741 of P.L. 106-554 • Amends only Section 254 of the Communications Act of 1934

8. NCIPA • Certification requirements of CIPA and NCIPA overlap significantly • FCC adopted timeframe and waiver rules identical to those of CIPA • Final rules for CIPA contain requirements under NCIPA as well — no separate certifications

9. Internet Safety Policy • Must include Technology Protection Measure • Must address certain policy issues (next slide) • Must be addressed at a public hearing or meeting for which reasonable notice is provided • Must include monitoring of online activities of minors (schools only)

10. Policy Must Address: • Access by minors to inappropriate matter • Safety/security of minors when using e-mail, chat rooms, other direct electronic communications • Unauthorized access, including “hacking” and other unlawful activities by minors online • Unauthorized disclosure, use and dissemination of personal information regarding minors • Measures designed to restrict minors’ access to materials harmful to minors

11. Technology Protection Measure • Specific technology that blocks or filters Internet access • Must protect against access by adults and minors to visual depictions that are obscene, child pornography, or harmful to minors • May be disabled for adults engaged in bona fide research or other lawful purposes

12. General Certification Information

13. Certifications • Schools and Libraries have complied with the requirements of CIPA • Schools and Libraries are undertaking actions, including any necessary procurement procedures, to comply with the requirements of CIPA • CIPA does not apply because schools and libraries are receiving only Telecommunications Services

14. Undertaking Actions • An undertaken action is an action which can be documented and which moves the recipient of service toward compliance • Documentation of undertaken actions must be retained for audit purposes

15. Undertaking Actions: Examples • Examples of documentation that could demonstrate that a recipient of service is undertaking actions to comply with CIPA: • A published or circulated school or library board agenda with CIPA compliance cited as a topic. • A circulated staff meeting agenda with CIPA compliance cited as a topic.

16. Undertaking Actions: Examples • More examples of documentation: • An agenda or minutes from a meeting open to the public at which an Internet Safety Policy was discussed • An agenda or minutes from a public or nonpublic meeting of a school or library board at which procurement issues relating to the acquisition of a Technology Protection Measure were discussed

17. Undertaking Actions: Examples • More examples of documentation: • A memo to an administrative authority of a school or library from a staff member outlining the CIPA issues not addressed by an Acceptable Use Policy currently in place • A memo or report to an administrative authority of a school or library from a staff member describing research on available Technology Protection Measures • A memo or report to an administrative authority of a school or library from a staff member which discusses and analyzes Internet Safety Policies in effect at other schools and libraries.

18. Undertaking Actions: Examples • More examples of documentation: • A Service Provider quote requested and received by a recipient of service or Billed Entity which contains information on a Technology Protection Measure • A draft of an RFP or other procurement procedure to solicit bids for the purchase or provision of a Technology Protection Measure

19. Administrative Authorities

20. Administrative Authority(ies) • The Administrative Authority for a school or library is the entity that must make the CIPA certification • For a school, the Administrative Authority may be the relevant school, school board, local educational agency, or other authority with responsibility for administration of the school

21. Administrative Authority(ies) • The Administrative Authority for a school or library is the entity that must make the relevant CIPA certification • For a library, the Administrative Authority may be the relevant library, library board, or other authority with responsibility for administration of the library.

22. Administrative Authority • If the Administrative Authority is also the Billed Entity • the Administrative Authority certifies on the Form 486 • If the Administrative Authority is NOT the Billed Entity • the Administrative Authority must complete Form 479 and submit the Form 479 to the Billed Entity.

23. Billed Entity • The Billed Entity then certifies on Form 486 that it has collected duly completed and signed Form(s) 479.

24. Form 479 • The Administrative Authority does not need to submit the Form 479 to the Billed Entity when the Billed Entity applied for Telecommunications Services only. • The Billed Entity does not need to collect Forms 479 from Administrative Authorities they represent when the Billed Entity requested discounts for Telecommunications Services only.

25. Billed Entities Must Collect Forms 479 from Administrative Authorities if: • The Billed Entity is the lead member of the consortium but is not the Administrative Authority for all of the members of the Consortium

26. Billed Entities Must Collect Forms 479 from Administrative Authorities if: • The Billed Entity is a state or local government entity or other entity who acts as the Billed Entity for one or more schools or libraries represented on its Form 486 but who is not the Administrative Authority for those schools or libraries.

27. Billed Entities Must Collect Forms 479 from Administrative Authorities if: • The Billed Entity is the Administrative Authority for one or more schools or libraries (perhaps including itself) on its Form 486 but is not the Administrative Authority for other schools or libraries on its Form 486.

28. Waivers

29. Waivers • May be used in the Second Funding Year after the effective date in which you have “applied” if • the school or library cannot make the required certifications because its state or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification.

30. Applying for Funds • For the purpose of CIPA requirements, a school or library who is a recipient of service is considered to have “applied” for funds in a Funding Year only when a Receipt of Service Confirmation Form 486 for a Funding Request for Internet Access or Internal Connections has been successfully data entered.

31. Determination of Your First, Second, and Third Funding Years after the Effective Date (April 20, 2001) for Waiver Purposes

32. First Funding Year for Purposes of CIPA • The First Funding Year after the effective date in which a school or library “applies” for funds for Internet Access or Internal connections is the First Funding Year for the purpose of CIPA • In the First Funding Year, the applicant must be in compliance with CIPA or undertaking actions to comply with CIPA in order to receive discounts for Internet Access or Internal Connections.

33. Second Funding Year for Purposes of CIPA • Once the First Funding Year is established, the Funding Year immediately following the first Funding Year becomes the Second Funding Year for the purpose of CIPA

34. Second Funding Year for Purposes of CIPA • If the school or library “applies” for funds for Internet Access or Internal Connections in the Second Funding Year, it must certify that: • it is in compliance with CIPA unless state or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification • A school or library so prevented may request a waiver for the Second Funding Year

35. Third Funding Year for Purposes of CIPA • The Third Funding Year is the Funding Year immediately following the Second Funding Year for the purpose of CIPA. • If the school or library applies for funds for Internet Access or Internal Connections in the Third Funding Year, it must be in compliance with CIPA.

36. Examples that do NOT constitute a First Funding Year for Purposes of CIPA • The Billed Entity receives a Funding Commitment for Internet Access or Internal Connections, but takes no further action

37. Examples that do NOT constitute a First Funding Year for Purposes of CIPA • The Billed Entity receives a Funding Commitment for Internet Access or Internal Connections, submits Form 486, but the Form 486 is not successfully data entered.

38. Examples that do NOT constitute a First Funding Year for Purposes of CIPA • The Billed Entity “applies” ONLY for Telecommunications Services.

39. Examples of First Funding Year for Purposes of CIPA • The Billed Entity submits a Form 486 for Internet Access or Internal Connections, the Form 486 is successfully data entered, but the Billed Entity cancels all of its Funding Requests on a Form 500

40. Examples of First Funding Year for Purposes of CIPA • The Billed Entity submits a Form 486 for Internet Access or Internal Connections, the Form 486 is successfully data entered, but the Service Provider does not receive a corresponding disbursement

41. Specific Certification Information

42. Certification • Certification made on Form 486 • Certification required beginning with the First Funding Year after April 20, 2001 in which you “apply” for discounts • Certification required each year thereafter in which you “apply” for discounts

43. Certifications for Purpose of CIPA • Administrative Authorities: • In compliance with CIPA (“Done”); OR • Undertaking actions to be in compliance by next Funding Year (“Doing”); OR • CIPA does not apply because discounted services are only Telecommunications Services

44. CIPA 486 Certifications • Billed Entities Who Represent Administrative Authorities: • Received completed Forms 479 from members; OR • CIPA does not apply (Telecommunications) • For Funding Year 5 and later Funding Years: • Some or all of the recipients of service have requested CIPA waivers; OR • No recipients of service have requested CIPA waivers

45. Acceptable Certifications • First Funding Year after 04/20/2001 in which Billed Entity is applying for discounts: • “Done” or “Doing” • Second Funding Year after 04/20/2001 in which Billed Entity is applying for discounts: • “Done” or “Doing under Waiver” • Third Funding Year after 04/20/2001 in which Billed Entity is applying for discounts: • “Done”

46. Form 486 Certifications

47. General Instructions for Item (11): • A Billed Entity who is the Administrative Authority must check Item (11)(a) or (11)(b) or (11)(c). If the Billed Entity is not the Administrative Authority, skip to Item (11)(d). • A Billed Entity who represents one or more Administrative Authorities must check Item (11)(d) or (11)(e).

48. General Instructions for Item (11): • FOR FUNDING YEARS AFTER FUNDING YEAR 4, a Billed Entity who must collect Forms 479 and who checks Item (11)(d) must check Item (11)(f) or (11)(g). • IF THE FORM 486 PERTAINS TO A FUNDING YEAR PRIOR TO FUNDING YEAR 4 (THE FUNDING YEAR BEGINNING JULY 1, 2001), SKIP TO ITEM 12.

49. Certification Deadlines

50. EARLY FILING FOR FUNDING YEAR 4: For those Funding Requests for services where the date of the FCDL and the Service Start Date featured on the Form 486 are both before October 28, 2001 and services have not yet started, the Billed Entity has the option to file Form 486 early — that is, in advance of the services starting — if certain conditions are met (see next slide). If the Form 486 is filed in this manner, it MUST be postmarked on or before October 28, 2001.