§  54.1716   Children's Internet Protection Act certifications.

   (a) Definitions—(1) School. For the purposes of the certification
   requirements of this section, school means school, school board, 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
   section, library means library, library board or authority responsible
   for administration of a library.

   (3) Billed entity. Billed entity is defined in § 54.1700. In the case of
   a consortium, the billed entity is the lead member of the consortium.

   (4) Connected devices. Connected devices are defined in § 54.1700.

   (b) Who is required to make certifications? (1) A school or library
   that receives support for internet access, internet service, or
   internal connections services under the Federal universal service
   support mechanism for schools and libraries, or internet access or
   internet service through the Emergency Connectivity Fund, 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) A school or library that receives support for connected devices
   through the Emergency Connectivity Fund and uses internet access or
   internet service funded through the Federal universal service support
   mechanism for schools and libraries or through the Emergency
   Connectivity Fund must make the 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.

   (3) Schools and libraries that are not receiving support for internet
   access, internet service, or internal connections under the Federal
   universal service support mechanism for schools and libraries; internet
   access or internet service through the Emergency Connectivity Fund; or
   connected devices that do not use internet access or internet service
   funded through the Federal universal service support mechanism for
   schools and libraries or the Emergency Connectivity Fund are not
   subject to the requirements in 47 U.S.C. 254(h) and (l), but must
   indicate, pursuant to the certification requirements in paragraph (c)
   of this section, that they are not receiving support for such services
   or that the connected devices do not use internet access or internet
   service funded through the Federal universal service support mechanism
   for schools and libraries or the Emergency Connectivity Fund.

   (c) Certifications required under 47 U.S.C. 254(h) and (1). (1) An
   Emergency Connectivity Fund applicant need not complete additional
   Children's Internet Protection Act (CIPA) compliance certifications if
   the applicant has already certified its CIPA compliance for the
   relevant funding year (i.e., has certified its compliance in an FCC
   Form 486 or FCC Form 479).

   (2) Emergency Connectivity Fund applicants that have not already
   certified their CIPA compliance for an E-Rate application for the
   relevant funding year (i.e., have not completed a FCC Form 486 or FCC
   Form 479), will be required to certify:

   (i) That they are in compliance with CIPA requirements under sections
   254(h) and (l);

   (ii) That they are undertaking the actions necessary to comply with
   CIPA requirements as part of their request for support through the
   Emergency Connectivity Fund; or

   (iii) If applicable, that the requirements of CIPA do not apply,
   because the applicant is not receiving support for internet access,
   internet service, or internal connections under the Federal universal
   service support mechanism for schools and libraries or internet access
   or internet service through the Emergency Connectivity Fund, or the
   connected devices do not use internet access or internet service funded
   through the Federal universal support mechanism for schools and
   libraries or the Emergency Connectivity Fund.

   (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 support through the
   Emergency Connectivity Fund 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
   support through the Emergency Connectivity Fund.

   (3) Reestablishing eligibility. At any time, a school or library deemed
   ineligible for equipment and services under the Emergency Connectivity
   Fund because of failure to submit certifications required by this
   section may reestablish eligibility for support 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 comply with the
   certifications required by this section must reimburse any funds and
   support received under the Emergency Connectivity Fund for the period
   in which there was noncompliance.

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

   (3) Reestablishing compliance. At any time, a school or library deemed
   ineligible for support through the Emergency Connectivity Fund for
   failure to comply with the certification requirements of this section
   and that has been directed to reimburse the program for support
   received during the period of noncompliance may reestablish compliance
   by complying 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 support through the Emergency Connectivity Fund.

   (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 before the close of the relevant funding year.