IP: FCC Publishes E-Rate (Censorware) Filtering Regulations from ALA

[David Farber <dave () farber net>]

> ALAWON: American Library Association Washington Office Newsline
> Volume 10, Number 27
> April 5, 2001
>
> In this issue:
>
> ALERT:
> FCC Publishes E-rate Filtering Regulations; Year 4 Discounts Affected
>
> The FCC today released the Report and Order (FCC 01-120), and regulations 
> implementing the Children's Internet Protection Act and the Neighborhood 
> Children's Internet Protection Act (CIPA and NCIPA) for E-rate discount 
> participants.   A preliminary review of the Order indicates that the FCC 
> will require E-rate program participants to comply with CIPA/NCIPA in Year 
> 4.  The "Year 4" is defined as the program funding year from July 1, 2001 
> through June 30, 2002.  The application period for those who applied for 
> Year 4 discounts was from November 6, 2000 through January 18, 2001.
>
> A preliminary review of the FCC decision suggests that "compliance" 
> appears to mean certifying that filtering and related monitoring 
> requirements are either in place as of October 28, 2001 or  steps are 
> being taken to be in place for the following funding year, Year 5.
>
> The FCC will require applicants to use FCC Form 486 to certify compliance 
> and the certification must be postmarked by or before October 28, 
> 2001.  Form 486 will be consistently used in future years.
>
> ALA and many others who participated in the proceeding argued that Year 5 
> should be the first funding year for implementation pursuant to the law. 
> There are other features including some recommended by ALA to the FCC that 
> appear to have been adopted, including that:
>
> * consortia merely need to certify that they have collected CIPA/NCIPA 
> compliance certifications from eligible members;
>
> * every E-rate eligible consortia member will have to send a new form, FCC 
> Form 479, to the consortia to certify CIPA/NCIPA compliance;
>
> * neither consortia or consortia members will be penalized or held liable 
> for noncompliance by any individual member of the consortia;
>
> * first time applicants during any year will be able to certify that they 
> are undertaking  measures to come into compliance with CIPA/NCIPA for the 
> following year;
>
> * consortia will not be responsible for verifying the accuracy of a 
> member's certification;
>
> * CIPA/NCIPA does not apply to libraries and schools that receive E-rate 
> discounts for  telecommunications services only;
>
> * The FCC will not require certification of the effectiveness technology 
> protection measures;
>
> * The local Public Notice and Hearing, the development of the Internet 
> safety policy with community input, and other related requirements of 
> NCIPA must be completed and certification postmarked by or before October 
> 28, 2001.  However, the FCC  Order allows libraries and schools that have 
> already conducted a local public proceeding for the development of an 
> Internet safety policy that meets NCIPA requirements, to consider 
> themselves in compliance.
>
> ALA staff and legal advisors are reviewing the Report and Order and will 
> provide a more thorough review as soon as possible.
>
> Key selected highlights of the FCC Report and Order are provided 
> below.  The URL for the Report and Order is at:
> [www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01120.doc]
>
> From the Executive Summary:
> "In this Order, we adopt rules that do the following: *
> For this funding year, schools and libraries must certify by October 28, 
> 2001 that they have the policies and technology measures in place, or that 
> they are undertaking such actions, including any necessary procurement 
> procedures, to put them in place for the following funding year.  Because 
> no school or library may receive services at discount rates during any 
> time period in which it is out of compliance with its certification, as of 
> the time that a school or library begins receiving services in Funding 
> Year 4, it must either have the policies and technology measure in place, 
> or be undertaking necessary actions to put them in place for the next year.
> Schools and libraries shall make the necessary certifications in FCC Form 
> 486, which is submitted after a decision is made on requests for discounts 
> under the universal service support mechanism."
>
> From Section B, Item 12:
>         "*We are not persuaded that Funding Year 5 is the first program 
> funding year following the effective date of the statute.  It is 
> well-established in the Commission's rules and in numerous orders that 
> the program "funding year" for the schools and libraries universal 
> service support mechanism starts on July 1, and ends on June 30 of the 
> following year.  Although the commenters are correct that the application 
> process begins prior to July 1 of each year, July 1 is the starting date 
> for the funding year because recipients may not receive discounts for 
> services obtained before that date. This conclusion is supported by the 
> instructions to the application form.  SLD has published elsewhere that 
> the funding year begins on July 1 of each year."
> From Section B, Item 15:
>         "*any school or library that receives discounted services between 
> July 1 and October 28, 2001, must be taking actions to comply with CIPA 
> at the time that it actually receives these services, even though the 
> certification is not due until October 28, 2001.  Entities that intend to 
> certify that they have not completed all the requirements of CIPA but are 
> undertaking such actions, including necessary procurement procedures, to 
> complete CIPA's requirements for Funding Year 5, may only receive 
> discounts for Funding Year 4 if they are undertaking such actions by the 
> time they begin receiving services."
>
> The Washington Office will offer a workshop on CIPA and its effects on 
> libraries at our Saturday Update Session at Annual Conference 2001 in San 
> Francisco. The workshop will touch on E-Rate concerns among other issues. 
> Stay tuned to ALAWON for further details.



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