Impact of Childrens Internet Protection Act CIPA on Erate Discounts

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Impact ofChildrens Internet Protection Act
(CIPA) on E-rate Discounts

Train-the-Trainer Workshop September 17-18,
2001 Schools Libraries Division, USAC
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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

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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))

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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

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NCIPA

• Subtitle of CIPA - Neighborhood Childrens
  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)

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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

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

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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

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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.

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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.

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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

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Administrative Authorities
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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

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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.

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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.

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Billed Entity

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

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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.

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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

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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.

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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.

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Waivers
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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.

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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.

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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.

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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

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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

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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.

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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

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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.

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Examples that do NOT constitute a First Funding
Year for Purposes of CIPA

• The Billed Entity applies ONLY for
  Telecommunications Services.

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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

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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

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Specific Certification Information
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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

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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

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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

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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

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Form 486 Certifications
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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).

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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.

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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.

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• Conditions for early filing in Funding Year 4
• You have received your FCDL
• You have confirmed with the named Service
  Provider that the services you ordered will start
  on the Service Start Date, which must be on or
  before October 28, 2001.
• You are able to accurately make all of the
  relevant certifications in Block 4 in advance of
  the date of the start of discounted services.

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• For those Funding Requests for services starting
  on or before October 28, 2001, the Form 486 MUST
  be postmarked on or before October 28, 2001 in
  order to receive discounts retroactively to the
  Service Start Date.

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• If the Form 486 is postmarked later than October
  28, 2001, the Form 486 postmark date will become
  the start date for discounted services on those
  Funding Requests featured on the Form 486.
• 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.

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• For those Funding Requests for services starting
  on or before October 28, 2001 but for which the
  date of the FCDL is after October 28, 2001, your
  Form 486 does NOT need to be postmarked by
  October 28, 2001. However, your Form 486 MUST be
  postmarked no later than 120 days after the date
  of the FCDL in order for discounts to be paid
  retroactively to the Service Start Date.

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• If the Form 486 is postmarked later than 120 days
  after the date of the FCDL, 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.
• 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.

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• For those Funding Requests for services starting
  after October 28, 2001, the Form 486 MUST be
  postmarked no later than 120 days after the start
  of services in order for discounts to be paid
  retroactively to the Service Start Date.

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• If the Form 486 is postmarked later than 120 days
  after the Service Start Date featured on the Form
  486, 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.
• SLD will not provide discounts for the services
  rendered before the new start date, and will
  reduce the funding commitment of the relevant FRN
  as appropriate.

58

• For those Funding Requests for services starting
  after October 28, 2001, the Form 486 MUST be
  postmarked no later than 120 days after the date
  of the FCDL in order for discounts to be paid
  retroactively to the Service Start Date.

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• If the Form 486 is postmarked later than 120 days
  after the date of the FCDL, 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.
• 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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Funding Years After Funding Year 4 (Funding Years
beginning July 1, 2002 and later)

• Billed Entities filing Forms 486 for Funding
  Years after Funding Year 4 may encounter one or
  more of the situations described in the next
  slides.

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• EARLY FILING FOR FUNDING YEARS AFTER 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 July 31
  of the Funding Year, the Billed Entity has the
  option to file Form 486 early that is, in
  advance of 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 July 31 of the Funding
  Year.

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• Conditions for early filing for Funding Years
  after Funding Year 4
• You have received your FCDL
• You have confirmed with the named Service
  Provider that the services you ordered will start
  on the Service Start Date, which must be in July
  of the Funding Year.
• You are able to accurately make all of the
  relevant certifications in Block 4 in advance of
  the date of the start of discounted services.

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• For those Funding Requests for services where the
  date of the FCDL is BEFORE the Service Start Date
  featured on the Form 486, the Form 486 MUST be
  postmarked no later than 120 days after the start
  of services in order for discounts to be paid
  retroactively to the Service Start Date.

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• If the Form 486 is postmarked later than 120 days
  after the Service Start Date featured on the Form
  486, 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.

65

• For those Funding Requests for services where the
  date of the FCDL is AFTER the Service Start Date
  featured on the Form 486, the Form 486 MUST be
  postmarked no later than 120 days after the date
  of the FCDL in order for discounts to be paid
  retroactively to the Service Start Date.

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• If the Form 486 is postmarked later than 120 days
  after the date of the FCDL, 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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Summary
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How Many Forms 486 to File?

• You must complete a separate Form 486 in the
  Following Situations
• if you receive Funding Commitment Decision
  Letters featuring more than one Entity Number
• For Funding Year 4 and later, if the Item (11)(a)
  certification applies to certain FRNs and the
  Item (11)(b) certification applies to other FRNs.
• If you file a Form 486 for FRNs for which either
  Item (11)(a) or Item (11)(b) applies, you may
  include FRNs for Telecommunications Services on
  that Form 486

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How Many Forms 486 to File?

• You must complete a separate Form 486 in the
  Following Situations
• for Funding year 5 and later, if you file a
  waiver of CIPA requirements (Item)(6c) for a
  portion of your funded FRNs

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When to File?

• Forms 486 can not be submitted earlier than the
  receipt of a Funding Commitment Decision Letter
  from the SLD.
• Check the Instructions for Minimum Processing
  Standards for Filing the Form 486