CIPA UPDATE John Noran

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CIPA UPDATEJohn Noran

Train-the-Trainer Workshop September 9-10,
2002 Schools Libraries Division
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CIPA Update

• 1. What are the requirements of CIPA?
• 2. Who makes certifications for purposes of CIPA?
• 3. What is the timing for making certifications?
• 4. When are the deadlines for making
  certifications?
• 5. What has changed for libraries?

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Key Dates

• 12/21/2000 - CIPA signed into law
• 04/20/2001 - Effective date of FCC rules on CIPA
• 05/31/2002 U.S. District Court suspended
  enforcement of section 254(h)(6) relating to
  filtering requirements in libraries
• 08/05/2002 Effective date of FCC order related
  to court decision

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What Are Requirements of CIPA?

• Schools
• Internet safety policy
• Public hearing/meeting
• Technology protection measure
• Monitoring online activities of minors

• Libraries
• Internet safety policy
• Public hearing/meeting

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Internet Safety Policy

• Must address certain policy issues (next slide)
• Must be addressed at a public hearing or meeting
  for which reasonable notice is provided
• Schools only
• Must include technology protection measure
• Must include monitoring of online activities of
  minors

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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

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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

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Who Makes Certifications?

• Administrative Authority for school or library
  must make certification on the status of
  compliance with CIPA
• Billed Entity (if the Billed Entity is not also
  the Administrative Authority) must make
  certification(s) on collection of Forms 479

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Administrative Authority

• 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
• For a library, the Administrative Authority may
  be the relevant library, library board, or other
  authority with responsibility for administration
  of the library

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Billed Entity

• May be school, school district, library,
  consortium, consortium lead member, or other
  entity
• Pays bills for the services
• Files the Form 471
• Files the Form 486

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Making CIPA Certifications

• 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 certify
  on Form 479 and submit the Form 479 to the Billed
  Entity the Billed Entity can then submit the
  Form 486 to the SLD

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Form 479

• If the Billed Entity applied for only
  Telecommunications Services
• Administrative Authorities do not need to submit
  Forms 479 to the Billed Entity
• Billed Entity does not need to collect Forms 479
  from Administrative Authorities

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Certifications

• Administrative Authorities
• In compliance with the requirements of CIPA
  (Done)
• Undertaking actions to comply with the
  requirements of CIPA (Doing)
• CIPA does not apply receiving only
  Telecommunications Services (Does not apply)
• Certifications on both Form 486 and Form 479

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Certifications

• Billed Entities (who are not Administrative
  Authorities for all entities)
• Collected Forms 479
• Some waiver requests
• No waiver requests
• Did not collect Forms 479 Telecommunications
  Services only
• Certifications on Form 486

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First Funding Yearfor Purposes of CIPA

• The First Funding Year after the effective date
  in which a school or library is funded for
  Internet Access or Internal Connections and for
  which it submits a Form 486 that is successfully
  data entered is the First Funding Year for
  purposes of CIPA
• Acceptable certifications Doing, Done, Collected
  Forms 479, Telecom only

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Second Funding Yearfor Purposes of CIPA

• The Funding Year immediately following the first
  Funding Year is the Second Funding Year for
  purposes of CIPA
• Acceptable certifications Doing under Waiver,
  Done, Collected Forms 479, Telecom only

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Waivers

• Waiver may be requested in the Second Funding
  Year if the Administrative Authority cannot
  certify that it is done because its state or
  local procurement rules or regulations or
  competitive bidding requirements prevent the
  making of the certification.

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Third Funding Yearfor Purposes of CIPA

• The Funding Year immediately following the Second
  Funding Year is the Third Funding Year for
  purposes of CIPA
• Acceptable certifications Done, Collected Forms
  479, Telecom only

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Certification Deadlines

• Form 486 must be postmarked
• no later than 120 days after the Service Start
  Date or
• no later than 120 days after the date of the FCDL
  
• whichever is later

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Certification Deadlines

• If the Form 486 is postmarked after the later of
  those two dates, the date 120 days before the
  Form 486 postmark date will become the start date
  for discounted services.
• SLD will not provide discounts for services
  rendered prior to the new start date and will
  reduce the funding commitment of the relevant FRN
  as appropriate.

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Certification Deadlines

• Form 479 must be postmarked in time for the
  Billed Entity to submit Form 486 by the deadline
  for the Form 486

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What Has Changed for Libraries?

• Some library applicants may have been unwilling
  to file Form 486 or Form 479 for FY 2001 because
  of CIPA certs
• Four categories of libraries and consortia
  containing libraries are affected
• Total number of Funding Request Numbers possibly
  affected 661 out of a total of 96,021
• Total number of Billed Entities possibly
  affected 285 out of a total of 18,716
• For complete details, see Childrens Internet
  Protection Act New Guidance in Reference Area

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General Guidance

• Use the Form 486 and Form 479 dated July 2001
  until the new forms become available
• Libraries using these forms are certifying
  compliance with CIPA to the extent that the cited
  sections apply (no filtering requirement)

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Definitions

• 10/28/2001 penalty for Funding Year 2001, the
  Service Start Date was reset to the postmark date
  of the Form 486 if
• Service Start Date featured on the Form 486 was
  on or before 10/28/2001
• Date of the FCDL was before 10/28/2001
• Form 486 was postmarked after 10/28/2001

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Definitions (contd)

• Normal 120-day rule the Service Start Date is
  reset to the date 120 days before the postmark
  date of the Form 486 if the Form 486 postmark
  date is more than 120 days after the later of
• Service Start Date Date featured on Form 486
  OR
• Date on the FCDL

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Definitions (contd)

• 10/28/2002 deadline the last date to postmark a
  Form 486 or correspondence seeking to restore
  funds reduced because of CIPA compliance under
  this guidance
• The normal 120-day rule will apply to a Form 486
  postmarked after this deadline

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Categories

• 1. Form 486 submitted, no CIPA certification
  made, failed MPS
• 2. Form 486 never submitted
• 3. Form 500 submitted to reduce or cancel
  funding because of unwillingness to make a CIPA
  certification
• 4. 10/28/2001 penalty applied

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Category 1 No CIPA Cert

• No action needed SLD will reach out to affected
  applicants and ask them to fax in a CIPA
  certification page with a certification
• Notice will be posted on web site when SLD has
  notified affected applicants
• Any applicant not notified should complete and
  postmark a Form 486 by 10/28/2002

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Category 2 No Form 486

• Applicants must complete and postmark a Form 486
  by 10/28/2002
• No penalty will be applied, regardless of when
  services started
• However, normal 120-day rule will apply to Forms
  486 postmarked after 10/28/2002

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Category 3 Form 500 Filed

• Applicants can request a restoration of reduced
  or canceled funds by letter faxed, e-mailed or
  postmarked by 10/28/2002
• Must include explanation of why funding was
  reduced or canceled and a calculation for the
  amount requested to be restored

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Category 4 10/28/2001 Penalty

• No action needed SLD will correct the Service
  Start Date(s) and restore funding based on the
  normal 120-day rule
• Notice will be posted on web site when SLD has
  completed this work and issued Revised Form 486
  Notification Letters
• Any applicant that cannot verify the change in
  Service Start Date should notify SLD by letter
  faxed, e-mailed or postmarked by 10/28/2002

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Consortia Containing Libraries

• Consortia containing both schools and libraries
  must apply this guidance to their library members
  but not their school members
• Any changes in dates and commitments must be
  documented SLD will review cost allocations
  carefully

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QUESTIONS