Sec.  54.520   Children's Internet Protection Act certifications required from
recipients of discounts under the federal universal service support mechanism
for schools and libraries.

   (a) Definitions.

   (1) School. For the purposes of the certification requirements of this rule,
   school means school, school district, local education agency or other
   authority responsible for administration of a school.

   (2) Library. For the purposes of the certification requirements of this
   rule, library means library, library board or authority responsible for
   administration of a library.

   (3) Billed entity. Billed entity is defined in  Sec. 54.500. In the case of a
   consortium, the billed entity is the lead member of the consortium.

   (4) Statutory definitions. The terms “minor,” “obscene,” “child
   pornography,” “harmful to minors” and “technology protection measure” as
   used in this section, are defined in the Children's Internet Protection Act
   section 1721(c).

   (b) Who is required to make certifications? (1) A school or library that
   receives discounts for Internet access and internal connections services
   under the federal universal service support mechanism for schools and
   libraries, must make such certifications as described in paragraph (c) of
   this section. The certifications required and described in paragraph (c) of
   this section must be made in each funding year.

   (2) Schools and libraries that only receive discounts for telecommunications
   services under the federal universal service support mechanism for schools
   and libraries are not subject to the requirements 47 U.S.C. 254(h) and (l),
   but must indicate, pursuant to the certification requirements in paragraph
   (c) of this section, that they only receive discounts for telecommunications
   services.

   (c) Certifications required under 47 U.S.C. 254(h) and (l)—(1) Schools. The
   billed entity for a school that receives discounts for Internet access or
   internal connections must certify on FCC Form 486 that an Internet safety
   policy is being enforced. If the school is an eligible member of a
   consortium but is not the billed entity for the consortium, the school must
   certify instead on FCC Form 479 (“Certification to Consortium Leader of
   Compliance with the Children's Internet Protection Act”) that an Internet
   safety policy is being enforced.

   (i) The Internet safety policy adopted and enforced pursuant to 47 U.S.C.
   254(h) must include a technology protection measure that protects against
   Internet access by both adults and minors to visual depictions that are
   obscene, child pornography, or, with respect to use of the computers by
   minors, harmful to minors. This Internet safety policy must also include
   monitoring the online activities of minors.

   (ii) The Internet safety policy adopted and enforced pursuant to 47 U.S.C.
   254(l) must address all of the following issues:

   (A) Access by minors to inappropriate matter on the Internet and World Wide
   Web,

   (B) The safety and security of minors when using electronic mail, chat
   rooms, and other forms of direct electronic communications,

   (C) Unauthorized access, including so-called “hacking,” and other unlawful
   activities by minors online;

   (D) Unauthorized disclosure, use, and dissemination of personal information
   regarding minors; and

   (E) Measures designed to restrict minors' access to materials harmful to
   minors.

   (iii) A school must satisfy its obligations to make certifications by making
   one of the following certifications required by paragraph (c)(1) of this
   section on FCC Form 486:

   (A) The recipient(s) of service represented in the Funding Request Number(s)
   on this Form 486 has (have) complied with the requirements of the Children's
   Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l).

   (B) Pursuant to the Children's Internet Protection Act, as codified at 47
   U.S.C. 254(h) and (l), the recipient(s) of service represented in the
   Funding Request Number(s) on this Form 486 is (are) undertaking such
   actions, including any necessary procurement procedures, to comply with the
   requirements of CIPA for the next funding year, but has (have) not completed
   all requirements of CIPA for this funding year.

   (C) The Children's Internet Protection Act, as codified at 47 U.S.C. 254(h)
   and (l), does not apply because the recipient(s) of service represented in
   the Funding Request Number(s) on this Form 486 is (are) receiving discount
   services only for telecommunications services.

   (2) Libraries. The billed entity for a library that receives discounts for
   Internet access and internal connections must certify, on FCC Form 486, that
   an Internet safety policy is being enforced. If the library is an eligible
   member of a consortium but is not the billed entity for the consortium, the
   library must instead certify on FCC Form 479 (“Certification to Consortium
   Leader of Compliance with the Children's Internet Protection Act”) that an
   Internet safety policy is being enforced.

   (i) The Internet safety policy adopted and enforced pursuant to 47 U.S.C.
   254 (h) must include a technology protection measure that protects against
   Internet access by both adults and minors to visual depictions that are
   obscene, child pornography, or, with respect to use of the computers by
   minors, harmful to minors.

   (ii) The Internet safety policy adopted and enforced pursuant to 47 U.S.C.
   254(l) must address all of the following issues:

   (A) Access by minors to inappropriate matter on the Internet and World Wide
   Web;

   (B) The safety and security of minors when using electronic mail, chat
   rooms, and other forms of direct electronic communications;

   (C) Unauthorized access, including so-called “hacking,” and other unlawful
   activities by minors online;

   (D) Unauthorized disclosure, use, and dissemination of personal information
   regarding minors; and

   (E) Measures designed to restrict minors' access to materials harmful to
   minors.

   (iii) A library must satisfy its obligations to make certifications by
   making one of the following certifications required by paragraph (c)(2) of
   this section on FCC Form 486:

   (A) The recipient(s) of service represented in the Funding Request Number(s)
   on this Form 486 has (have) complied with the requirements of the Children's
   Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l).

   (B) Pursuant to the Children's Internet Protection Act (CIPA), as codified
   at 47 U.S.C. 254(h) and (l), the recipient(s) of service represented in the
   Funding Request Number(s) on this Form 486 is (are) undertaking such
   actions, including any necessary procurement procedures, to comply with the
   requirements of CIPA for the next funding year, but has (have) not completed
   all requirements of CIPA for this funding year.

   (C) The Children's Internet Protection Act, as codified at 47 U.S.C. 254(h)
   and (l), does not apply because the recipient(s) of service represented in
   the Funding Request Number(s) on this Form 486 is (are) receiving discount
   services only for telecommunications services.

   (3) Certifications required from consortia members and billed entities for
   consortia. (i) The billed entity of a consortium, as defined in paragraph
   (a)(3) of this section, other than one requesting only discounts on
   telecommunications services for consortium members, must collect from the
   authority for each of its school and library members, one of the following
   signed certifications on FCC Form 479 (“Certification to Consortium Leader
   of Compliance with the Children's Internet Protection Act”), which must be
   submitted to the billed entity consistent with paragraph (c)(1) or paragraph
   (c)(2) of this section:

   (A) The recipient(s) of service under my administrative authority and
   represented in the Funding Request Number(s) for which you have requested or
   received Funding Commitments has (have) complied with the requirements of
   the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and
   (l).

   (B) Pursuant to the Children's Internet Protection Act, as codified at 47
   U.S.C. 254(h) and (l), the recipient(s) of service under my administrative
   authority and represented in the Funding Request Number(s) for which you
   have requested or received Funding Commitments is (are) undertaking such
   actions, including any necessary procurement procedures, to comply with the
   requirements of CIPA for the next funding year, but has (have) not completed
   all requirements of CIPA for this funding year.

   (C) The Children's Internet Protection Act, as codified at 47 U.S.C. 254(h)
   and (l), does not apply because the recipient(s) of service under my
   administrative authority and represented in the Funding Request Number(s)
   for which you have requested or received Funding Commitments is (are)
   receiving discount services only for telecommunications services; and

   (ii) The billed entity for a consortium, as defined in paragraph (a)(3) of
   this section, must make one of the following two certifications on FCC Form
   486: “I certify as the Billed Entity for the consortium that I have
   collected duly completed and signed Forms 479 from all eligible members of
   the consortium.”; or I certify “as the Billed Entity for the consortium that
   the only services that I have been approved for discounts under the
   universal service support on behalf of eligible members of the consortium
   are telecommunications services, and therefore the requirements of the
   Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l),
   do not apply.”; and

   (iii) The billed entity for a consortium, as defined in paragraph (a)(3) of
   this section, who filed an FCC Form 471 as a “consortium application” and
   who is also a recipient of services as a member of that consortium must
   select one of the certifications under paragraph (c)(3)(i) of this section
   on FCC Form 486.

   (d) Failure to provide certifications—(1) Schools and libraries. A school or
   library that knowingly fails to submit certifications as required by this
   section, shall not be eligible for discount services under the federal
   universal service support mechanism for schools and libraries until such
   certifications are submitted.

   (2) Consortia. A billed entity's knowing failure to collect the required
   certifications from its eligible school and library members or knowing
   failure to certify that it collected the required certifications shall
   render the entire consortium ineligible for discounts under the federal
   universal service support mechanism for school and libraries.

   (3) Reestablishing eligibility. At any time, a school or library deemed
   ineligible for discount services under the federal universal service support
   mechanism for schools and libraries because of failure to submit
   certifications required by this section, may reestablish eligibility for
   discounts by providing the required certifications to the Administrator and
   the Commission.

   (e) Failure to comply with the certifications—(1) Schools and libraries. A
   school or library that knowingly fails to ensure the use of computers in
   accordance with the certifications required by this section, must reimburse
   any funds and discounts received under the federal universal service support
   mechanism for schools and libraries for the period in which there was
   noncompliance.

   (2) Consortia. In the case of consortium applications, the eligibility for
   discounts of consortium members who ensure the use of computers in
   accordance with the certification requirements of this section shall not be
   affected by the failure of other school or library consortium members to
   ensure the use of computers in accordance with such requirements.

   (3) Reestablishing compliance. At any time, a school or library deemed
   ineligible for discounts under the federal universal service support
   mechanism for schools and libraries for failure to ensure the use of
   computers in accordance with the certification requirements of this section
   and that has been directed to reimburse the program for discounts received
   during the period of noncompliance, may reestablish compliance by ensuring
   the use of its computers in accordance with the certification requirements
   under this section. Upon submittal to the Commission of a certification or
   other appropriate evidence of such remedy, the school or library shall be
   eligible for discounts under the universal service mechanism.

   (f) Waivers based on state or local procurement rules and regulations and
   competitive bidding requirements. Waivers shall be granted to schools and
   libraries when the authority responsible for making the certifications
   required by this section, cannot make the required certifications because
   its state or local procurement rules or regulations or competitive bidding
   requirements, prevent the making of the certification otherwise required.
   The waiver shall be granted upon the provision, by the authority responsible
   for making the certifications on behalf of schools or libraries, that the
   schools or libraries will be brought into compliance with the requirements
   of this section, for schools, before the start of the third program year
   after April 20, 2001 in which the school is applying for funds under this
   title, and, for libraries, before the start of Funding Year 2005 or the
   third program year after April 20, 2001, whichever is later.

   (g) Funding year certification deadlines. For Funding Year 2003 and for
   subsequent funding years, billed entities shall provide one of the
   certifications required under paragraph (c)(1), (c)(2) or (c)(3) of this
   section on an FCC Form 486 in accordance with the existing program
   guidelines established by the Administrator.

   [ 66 FR 19396 , Apr. 16, 2001;  66 FR 22133 , May 3, 2001, as amended at  67 FR 50603 , Aug. 5, 2002;  68 FR 47255 , Aug. 8, 2003]