Title: Impact of Childrens Internet Protection Act CIPA on Erate Discounts
1Impact ofChildrens Internet Protection Act
(CIPA) on E-rate Discounts
Train-the-Trainer Workshop September 17-18,
2001 Schools Libraries Division, USAC
2Impact 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
3Overview
4CIPA 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
5CIPA 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))
6CIPA 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
7NCIPA
- 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
8NCIPA
- 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
9Internet 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)
10Policy 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
11Technology 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
12General Certification Information
13Certifications
- 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
14Undertaking 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
15Undertaking 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.
16Undertaking 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
17Undertaking 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.
18Undertaking 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
19Administrative Authorities
20Administrative 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
21Administrative 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.
22Administrative 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.
23Billed Entity
- The Billed Entity then certifies on Form 486 that
it has collected duly completed and signed
Form(s) 479.
24Form 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.
25Billed 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
26Billed 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.
27Billed 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.
28Waivers
29Waivers
- 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.
30Applying 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.
31Determination of Your First, Second, and Third
Funding Years after the Effective Date (April
20, 2001) for Waiver Purposes
32First 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.
33Second 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
34Second 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
35Third 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.
36Examples 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
37Examples 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.
38Examples that do NOT constitute a First Funding
Year for Purposes of CIPA
- The Billed Entity applies ONLY for
Telecommunications Services.
39Examples 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
40Examples 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
41Specific Certification Information
42Certification
- 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
43Certifications 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
44CIPA 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
45Acceptable 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
46Form 486 Certifications
47General 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).
48General 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.
49Certification 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.
51- 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.
52- 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.
53Situation 2 FY4
486 PM Date
FCDLDate
SSD
9/1
10/1
10/15
7/1
6/30
10/28
54- 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.
55Situation 2 FY4
486 PM Date
FCDLDate
SSD
and New SSD
9/1
10/1
11/1
7/1
6/30
10/28
56- 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.
57Situation 3 FY4
486 PM Date
FCDLDate
SSD
10/1
3/1
11/1
7/1
6/30
10/28
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
58- 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.
59Situation 3 FY4
486 PM Date
486 PM Date
New SSD
FCDLDate
SSD
10/1
3/1
11/1
4/1
12/1
7/1
6/30
10/28
120 days
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
60- 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.
61Situation 4 FY4
486 PM Date
FCDLDate
SSD
12/1
4/1
9/1
7/1
6/30
10/28
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
62- 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.
63Situation 4 FY4
486 PM Date
486 PM Date
NewSSD
FCDLDate
SSD
12/1
4/1
9/1
5/1
1/1
7/1
6/30
10/28
120 days
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
64- 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.
65Situation 5 FY4
486 PM Date
FCDLDate
SSD
12/1
5/1
1/1
7/1
6/30
10/28
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
66- 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.
67Situation 5 FY4
486 PM Date
486 PM Date
FCDLDate
NewSSD
SSD
12/1
5/1
1/1
6/1
2/1
7/1
6/30
10/28
120 days
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
68Funding 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.
69- 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.
70- 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.
71- 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.
72Situation 2 FY5
486 PM Date
FCDLDate
SSD
11/1
6/1
7/1
6/30
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
73- 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.
74Situation 2 FY5
486 PM Date
486 PM Date
New SSD
FCDLDate
SSD
11/1
6/1
12/1
8/1
7/1
6/30
120 days
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
75- 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.
76Situation 3 FY5
486 PM Date
FCDLDate
SSD
1/1
9/1
7/1
6/30
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
77- 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.
78Situation 3 FY5
486 PM Date
486 PM Date
FCDLDate
New SSD
SSD
1/1
9/1
2/1
10/1
7/1
6/30
120 days
For the purpose of demonstrating the Form 486
120-day deadline requirements, the dates used in
this example are approximate.
79Summary
80How 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
81How 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
82When 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