**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | CC Docket No. 96-45          |
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| Federal-State Joint Board on     | ) |                              |
| Universal Service                | * |                              |
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| Children's Internet Protection   |   |                              |
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ORDER

**Adopted:** July 23, 2003 **Released:** July 24, 2003

By the Commission:

# Introduction

1.  In this Order, we adopt measures to ensure that our implementation
    of the Children's Internet Protection Act (CIPA) complies with the
    recent decision of the United States Supreme Court.[^1] CIPA
    requires schools and libraries with "computer Internet access" to
    certify that they have Internet safety policies and technology
    protection measures, e.g., software filtering technology, to receive
    discounts for Internet access and internal connections under the
    schools and libraries universal service support mechanism
    (e-rate).[^2]

2.  Libraries subject to CIPA's filtering requirements that are not
    currently in compliance with the CIPA filtering requirements must
    undertake efforts in Funding Year 2003 to comply by Funding Year
    2004 in order to receive e-rate funds.[^3] Libraries must be in
    compliance with the CIPA requirements by Funding Year 2004, except
    to the extent such libraries are eligible for and receive a waiver
    of the CIPA requirements pursuant to section
    254(h)(6)(E)(ii)(III).[^4] We direct the Administrator in
    consultation with the Wireline Competition Bureau (Bureau) to
    implement the necessary procedural changes, including changes to the
    current CIPA-related certifications required of applicants. We take
    these steps to respond promptly to the Supreme Court's decision and
    to ensure that the schools and libraries universal service support
    mechanism continues to operate in accordance with federal law.

# Background

## The Schools and Libraries Universal Service Mechanism

3.  Pursuant to section 254 of the Communications Act of 1934, as
    amended (the Act), the Commission established the schools and
    libraries universal service support mechanism, known as the e-rate
    program.[^5] Under that mechanism, eligible schools and libraries
    and consortia that include eligible schools and libraries
    (collectively, recipients) may receive eligible telecommunications
    services, Internet access, and internal connections at discounted
    rates.[^6] Eligible entities must apply to receive such discounts on
    an annual basis, with the funding year extending from July 1 to June
    30.[^7]

4.  The Schools and Libraries Division (SLD) of the Universal Service
    Administrative Company (Administrator) administers the schools and
    libraries support mechanism under the direction of the
    Commission.[^8] After an applicant for discounted services under the
    schools and libraries support mechanism has entered into agreements
    for eligible services with one or more service providers, it must
    file with SLD an FCC Form 471 application.[^9] The FCC Form 471
    notifies SLD of the services that have been ordered and indicates
    the amount of discounts sought.[^10] SLD then issues a funding
    commitment decision letter indicating the discounts, if any, to
    which the applicant is entitled. After the funding year begins and
    the discounted service commences, the approved recipient of
    discounted services submits to SLD an FCC Form 486, which indicates
    that the service has begun and specifies the service start
    date.[^11] After receiving the FCC Form 486, SLD will accept
    invoices from the service provider and issue disbursements to the
    provider in cumulative amounts up to the amount of the discount
    awarded.[^12]

## CIPA and NCIPA

5.  In 2001, Congress established new conditions on the use of computers
    with Internet access in two separate acts, CIPA, which added
    sections 254(h)(5) and (h)(6), and the Neighborhood Children's
    Internet Protection Act (NCIPA), which added section 254(l).[^13]
    Pursuant to section 254(h)(6), which governs libraries, no library
    may receive universal service discounts unless the authority with
    responsibility for administration of the library makes certain
    certifications, and ensures the use of such computers in accordance
    with the certifications.[^14] Specifically, applicants are required
    to certify that they are enforcing a policy of Internet safety as
    defined in NCIPA, and that their policy of Internet safety also
    includes the use of a "technology protection measure," including
    filtering software, that is in accordance with requirements
    specified in the CIPA provisions.[^15] Under NCIPA, libraries are
    required to adopt and implement an Internet safety policy that
    addresses: (1) access by minors to inappropriate material on the
    Internet; (2) the safety and security of minors when using
    electronic communications; (3) unauthorized access; (4) unauthorized
    disclosure, use, and dissemination of personal identification
    information regarding minors; and (5) measures designed to restrict
    minors' access to material harmful to minors.[^16]

6.  To implement these new provisions, the Commission amended its rules
    in 2001, adding the CIPA and NCIPA requirements as section
    54.520.[^17] The *CIPA Order* also added new certifications for CIPA
    and NCIPA to the FCC Form 486 beginning in Funding Year 2001.[^18]
    For those recipients that are in a consortium and are subject to
    CIPA's requirements, the Commission adopted rules requiring those
    consortium members to submit certifications on an FCC Form 479 to
    the consortium leader, referred to as the billed entity, who must
    retain them. The consortium leader then certifies compliance with
    CIPA requirements on behalf of its membership on the FCC Form 486.
    [^19]

7.  Subsequently, upon a challenge by the American Library Association
    and others, a three-judge district court held that requiring public
    libraries to use filtering technology violated the First Amendment
    of the United States Constitution.[^20] It issued an order on May
    31, 2002 holding section 254(h)(6) facially unconstitutional and
    permanently enjoining the Commission from withholding federal funds
    from any public library for failure to comply with the
    provision.[^21]

8.  In compliance with the district court's injunction, the Commission
    issued an order on June 28, 2002 suspending enforcement of those
    portions of section 54.520 of its rules implementing section
    254(h)(6) as applicable to libraries,[^22] pending Supreme Court
    action.[^23] In addition, the Commission directed the Administrator
    to adopt measures to ensure that Funding Year 2001 library
    applicants would not be penalized for non-compliance with section
    254(h)(6).[^24]

9.  On June 23, 2003, the Supreme Court issued its opinion reversing the
    judgment of the District Court and finding that CIPA, on its face,
    is constitutional. The Supreme Court found that CIPA does not induce
    libraries to violate the Constitution because public libraries'
    Internet filtering software can be disabled at the request of any
    adult user and, therefore, does not violate their patrons' First
    Amendment rights.[^25] In upholding CIPA, the Supreme Court
    emphasized "the ease with which patrons may have the filtering
    software disabled," and that a patron who encounters a blocked site
    ... need only ask a librarian to unblock it (or at least in the case
    of adults) disable the filter."[^26] The plurality also highlighted
    the government's acknowledgment at oral argument that "a patron
    would not 'have to explain ... why he was asking a site to be
    unblocked or the filtering to be disabled.'"[^27] Pursuant to
    Supreme Court rules, the decision in *U.S. v. American Library
    Association* will become effective no earlier than July 18,
    2003.[^28]

# Discussion

10. Consistent with the Supreme Court decision, as of the effective date
    of this Order,[^29] we lift the suspension of enforcement of those
    sections of 54.520 of our rules which implemented the section
    254(h)(6) requirement that libraries have Internet filtering
    technology to receive discounts for Internet access and internal
    connections under e-rate. Specifically, we lift the suspension of
    enforcement of sections 54.520(c)(2)(i) and (iii), 54.520(c)(3),
    54.520(d), and 54.520(g)(1) of our rules as applied to libraries. In
    addition, we modify section 54.520(f) and (g) to conform with the
    revised timeline for the implementation of section 254(h)(6) of the
    Act, as described herein.

11. Consistent with the implementation framework established by
    Congress, libraries receiving e-rate discounts for Internet access
    or internal connections shall have one year from July 1, 2003, which
    is the start of Funding Year 2003, to come into compliance with the
    filtering requirements of CIPA. When Congress enacted CIPA in 2001,
    it recognized that it may take libraries a significant amount of
    time to procure and install the Internet filtering technology
    required to comply with CIPA. Accordingly, CIPA allows libraries
    either to certify (1) that they are in compliance with CIPA or (2)
    that they are "undertaking such actions, including any necessary
    procurement procedures, to put in place" the required policy
    measures to comply with CIPA for the next funding year.[^30] Given
    that the Supreme Court decision was issued on June 23, 2003 and will
    be effective no sooner than July 18, 2003, we believe that it is
    unrealistic to expect all libraries to be in a position to certify
    compliance with CIPA for Funding Year 2003, which began July 1,
    2003.[^31] In order to comply with the statute's Internet filtering
    requirement, many libraries must prepare a budget for the purchase
    of software and related costs, design, procure and/or order software
    appropriate for their systems, install the software and implement a
    procedure for unblocking the filter upon request by an adult. This
    process, as Congress recognized, would almost certainly take some
    time to complete.[^32] Therefore, we conclude that allowing
    libraries this time period to comply with CIPA filtering
    requirements is consistent with Congress's intent in enacting CIPA
    and with the public interest.

12. During Funding Year 2003, all libraries that receive discounts for
    Internet access or internal connections must certify that they are
    either compliant with CIPA or undertaking efforts to be in
    compliance by the time the libraries commence services for Funding
    Year 2004. Libraries that are not in compliance with CIPA for
    Funding Year 2003 and will not be undertaking efforts during Funding
    Year 2003 to comply with CIPA by Funding Year 2004 may not receive
    e-rate funds for Internet access or internal connections for Funding
    Year 2003.[^33] Such libraries may receive e-rate funds only for
    telecommunications services.[^34] All libraries that have not filed
    an FCC Form 486 prior to the effective date of this Order[^35] must
    file the revised FCC Form 486.[^36] All libraries that filed the
    September 2002 version of the FCC Form 486 prior to the effective
    date of this Order and will receive discounts for Internet access or
    internal connections for Funding Year 2003 must also refile using
    the revised FCC Form 486. [^37] The deadline for submitting all
    revised FCC Form 486s remains the same for all libraries -- the
    later of 120 days after the Service Start Date or 120 days after the
    date of the Funding Commitment Decision Letter.[^38] Libraries that
    filed the September 2002 version of the FCC Form 486 for Funding
    Year 2003 prior to the effective date of this Order and that receive
    e-rate funds only for telecommunications services are not required
    to file a revised FCC Form 486. The filing of a revised FCC Form 486
    for such libraries is unnecessary because they do not need to
    certify compliance with the CIPA filtering requirements.

13. These filing requirements also apply to library consortium leaders.
    [^39] Billed entities that are library consortium leaders should
    abide by the above instructions for filing the FCC Form 486. Billed
    entities that previously filed the September 2002 version of FCC
    Form 486 on behalf of library consortium members must file the
    revised FCC Form 486, unless all members of the consortium receive
    e-rate funds only for telecommunications services.[^40] In addition,
    all library consortium members must file with their billed entity,
    and all billed entities must collect and hold from each consortium
    member the revised FCC Form 479.[^41] All library consortium members
    that filed an FCC Form 479 prior to the effective date of this Order
    must file a revised FCC Form 479 with their billed entity within 45
    days after the effective date of this Order. In order for such
    library consortium members to receive e-rate funds for Internet
    access and internal connections for Funding Year 2003, they must be
    in compliance with CIPA or undertaking efforts to be in compliance
    with CIPA at the time the revised FCC Form 479 is filed. Library
    consortium members that did not file FCC Form 479 prior to the
    effective date of this Order should work with their billed entity to
    determine when to submit the revised FCC Form 479.[^42] In addition,
    billed entities whose consortia include both libraries that are in
    compliance with CIPA for Funding Year 2003 or undertaking efforts to
    comply for Funding Year 2004 and libraries that do not intend to
    comply with CIPA must file FCC Form 500 to adjust their funding
    commitments as applicable within 30 days after filing the revised
    FCC Form 486.[^43] This FCC Form 500 filing requirement is necessary
    only for Funding Year 2003 because of the timing of the Supreme
    Court decision.

14. CIPA also provides for a waiver of the certification requirements in
    the second year after the effective date of CIPA if state or local
    procurement rules or regulations or competitive bidding requirements
    prevent compliance.[^44] Accordingly, consistent with this provision
    of CIPA, a library or billed entity that applies for discounts in
    Funding Year 2003 may submit a waiver request for Funding Year 2004
    if state or local procurement rules or regulations or competitive
    bidding requirements prevent compliance by the start of Funding
    Year 2004. The revised FCC Forms 486 and 479 attached to this Order
    have been revised to reflect this option.

# Ordering Clauses

15. Accordingly, IT IS ORDERED that, pursuant to the authority of
    sections 1-5 and 254 of the Communications Act of 1934, as amended,
    47 U.S.C. §§ 151-155, and 254, and the Children's Internet
    Protection Act, Pub. L. 106-554 §§ 1701 *et seq.* as codified at 47
    U.S.C. § 254(h) and (l), this Order is ADOPTED. The modifications to
    a collection of information contained within this Order are
    contingent upon approval by the Office of Management and Budget.

16. IT IS FURTHER ORDERED that the suspension of enforcement implemented
    in the *Interim Order* of sections 54.520(c)(2)(i) and (iii),
    54.520(c)(3), 54.520(d), and 54.520(g)(1) of the Commission's rules,
    47 C.F.R. § 54.520, as they apply to all libraries and to the extent
    that they require any library to filter or certify to such filtering
    under 47 U.S.C. § 254(h)(6), is LIFTED as of the effective date of
    this Order, consistent with the terms of this Order.

17. IT IS FURTHER ORDERED that, pursuant to the authority contained in
    sections 1-4, 201-205, 218-220, 254, 303(r), and 403 of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154,
    201-205, 318-220, 254, 303(r), 403, section 553 of the
    Administrative Procedure Act, 5 U.S.C. § 553, and the Children's
    Internet Protection Act, Pub. L. 106-554 §§ 1701 *et seq.* as
    codified at 47 U.S.C. § 254(h), the amendments to section 54.520 (f)
    and (g) of the Commission's rules, 47 C.F.R. § 54.520(f) and (g) are
    ADOPTED, as set forth in Appendix C attached hereto.

18. IT IS FURTHER ORDERED that AUTHORITY IS DELEGATED to the CHIEF OF
    THE WIRELINE COMPETITION BUREAU pursuant to section 5(c) of the
    Communications Act of 1934, 47 U.S.C. § 155(c), to modify any forms
    that are necessary to implement the decisions adopted in this Order.

19. IT IS FURTHER ORDERED that THIS ORDER AND THE ACCOMPANYING RULES ARE
    EFFECTIVE UPON THE LATER OF PUBLICATION IN THE FEDERAL REGISTER,
    APPROVAL OF THE REVISED FCC FORMS 486 and 479, or THE EFFECTIVE DATE
    OF THE SUPREME COURT DECISION. Good cause exists to make this
    effective immediately upon the later of publication in the Federal
    Register, OMB approval of the revised FCC Forms 486 and 479, or the
    effective date of the Supreme Court decision. The actions we take in
    this Order are intended to bring implementation of the CIPA into
    compliance with the judgment of the Supreme Court, which is best
    accomplished by requiring the effective date to occur when all of
    these events have taken place.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    **APPENDIX A**

    **Draft FCC Form 486 and Instructions**

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FCC Form 486 Approval by OMB

3060-0853

Universal Service for Schools and Libraries

**Receipt of Service Confirmation Form**

Estimated Average Burden Hours For First Submission: 15.0 hours

For Subsequent Submissions: 1.5 hours

**Instructions for Completing the**

**Schools and Libraries Universal Service**

**Receipt of Service Confirmation Form (FCC Form 486)**

TABLE OF CONTENTS

> **NOTICE Page 1**
>
> **I. PURPOSE OF FORM Page 2**
>
> **II. IMPACT OF CIPA REQUIREMENTS ON FORM 486 Page 3**
>
> **III. FILING REQUIREMENTS AND GENERAL INSTRUCTIONS Page 5**
>
> **IV. MINIMUM PROCESSING STANDARDS Page 9**
>
> **V. SPECIFIC INSTRUCTIONS Page 10**
>
> **VI. REMINDERS Page 18**

NOTICE

NOTICE: This form is required to inform the Fund Administrator, the
Schools and Libraries Division (SLD) of the Universal Service
Administrative Company, that the eligible entity participating in the
universal service support mechanism is receiving or is planning to
receive services. The collection of information stems from the Federal
Communication Commission\'s (FCC) authority under Section 254 of the
Communications Act of 1934, as amended. 47 U.S.C. § 254. The FCC is
authorized under the Communications Act of 1934, as amended, to collect
the information we request in this form. We will use the information you
provide to determine whether approving this application is in the public
interest. If we believe there may be a violation or potential violation
of an FCC statute, regulation, rule or order, your application may be
referred to the federal, state, or local agency responsible for
investigating, prosecuting, enforcing or implementing the statute, rule,
regulation or order. In certain cases, the information in your
application may be disclosed to the Department of Justice or a court or
adjudicative body when: (a) the FCC; or (b) any employee of the FCC; or
(c) the United States Government, is a party in a proceeding before the
body or has an interest in the proceeding. In addition, consistent with
the Communications Act of 1934, FCC regulations and orders, the Freedom
of Information Act, 5 U.S.C.§ 552, or other applicable law, information
provided in or submitted with this form or in response to subsequent
inquiries may be disclosed to the public.

If you do not provide the information we request on the form, the Fund
Administrator may delay processing of your application or may return
your application without action.

The foregoing Notice is required by the Paperwork Reduction Act of 1995,
Pub. L. No. 104-13, 44 U.S.C. §§ 3501, *et seq.*

An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.

Public reporting burden for this collection of information is estimated
to average 15 hours for the first submission and 1.5 hours for
subsequent submissions, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, completing, and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
reporting burden, to the Federal Communications Commission, Performance
Evaluation and Records Management, Washington, D.C. 20554. DO NOT SEND
COMPLETED FORMS TO THIS ADDRESS.

I. PURPOSE OF FORM

The FCC Form 486 Receipt of Service Confirmation Form is used by the
Billed Entity who filed an FCC Form 471 on behalf of an eligible school,
school district, library (outlet/branch, system), or a consortium of
those entities. The Form 486 informs the SLD when the Billed Entity
and/or the eligible entities that it represents is receiving, is
scheduled to receive, or has received service in the relevant Funding
Year from the named service provider(s). Receipt by the SLD of a
properly completed Form 486 triggers the process for the SLD to receive
invoices.

The Form 486 must be filed to accomplish the following:

-   To authorize the payment of invoices from your service provider(s)

-   To indicate approval of technology plans (as required)

-   To indicate (starting in Funding Year 2001, which begins July
    1, 2001) the state of compliance with the Children's Internet
    Protection Act (CIPA)(Pub. L. 106-554).

To cancel or reduce a Funding Request or to change the Contract
Expiration Date reported on the Form 471, please file an FCC Form 500*,
Adjustment to Funding Commitment and Modification to Receipt of Service
Confirmation Form*. Please refer to the Form 500 instructions for more
information.

Throughout these Instructions, the Billed Entity will be referred to as
"Applicant" or "Billed Entity" or "you." A Billed Entity may be a
school, school district, library (outlet/branch, system), or a
consortium of those entities. A Billed Entity may also be a city, a
state, or an entity created solely to participate in this universal
service discount mechanism that actually pays the bills for the service
to the service provider. The Billed Entity itself may or may not be
eligible for discounts. The same Billed Entity that filed the Form 471
application should be identified as the Billed Entity for the Form 486.
Please note that consortium leaders generally have a special requirement
for Funding Year 2001 and later (see the instructions for Item 11).

The Billed Entity must submit the relevant information on a Form 486 for
each Discount Funding Request approved by the SLD. Each Discount Funding
Request (Form 471, Block 5) and its associated Funding Request Number
(FRN), contains information about one service for which you have
requested discounts. You may have submitted multiple Block 5 requests.
The FRN(s) cited on this Form 486 must be based on the FRN(s) cited in
the Funding Commitment Decision Letter(s) issued by the SLD.

Universal service support will not be paid to a service provider on an
approved funding commitment prior to the SLD's receipt of the Form 486.
A service provider is not obliged to begin providing discounts to a
Billed Entity UNTIL the Billed Entity files a properly completed Form
486 that is accepted and processed by the SLD. The SLD will send a
written notification to a service provider to acknowledge receipt of a
Form 486 for each FRN for which the Service Provider Identification
Number (SPIN) is listed. The service provider may invoice the SLD for
discounts provided pursuant to an approved FRN after receiving the
written notification letter of receipt of Form 486 for the particular
FRN and after the start of the Funding Year.

The Billed Entity may elect EITHER to receive discounts on bills, or to
pay bills in full and receive retroactive reimbursement through an FCC
Form 472, Billed Entity Applicant Reimbursement (BEAR) Form. The Billed
Entity must choose only ONE method of discounts for the relevant Funding
Year. The Billed Entity should contact the service provider to verify
which form of discount is available and works best.

II\. IMPACT OF CIPA REQUIREMENTS ON FORM 486

The Children\'s Internet Protection Act (CIPA) was signed into law on
December 21, 2000. In order to receive discounts for Internet Access and
Internal Connections services under the universal service support
mechanism, school and library authorities must certify that they are
enforcing a policy of Internet safety. The Internet safety policies must
include measures to block or filter Internet access for both minors and
adults to certain visual depictions.

Beginning with Funding Year 2001 (the Funding Year beginning July 1,
2001) schools and libraries applying for Internet Access or Internal
Connections must certify on a Form 486 that they are in compliance with
the requirements of CIPA or that they are undertaking such actions to
comply with the requirements of CIPA prior to the start of the following
funding year. Although CIPA requirements do not apply to
Telecommunications Services, Billed Entities applying only for
Telecommunications Services must, in general, still certify on a Form
486 that CIPA requirements do not apply. (For more information, see the
Children's Internet Protection Act, as codified at 47 U.S.C. § 254(h)
and (l).)

**Administrative Authority.** The Administrative Authority for a school
or library is the entity that must make the relevant certification for
purposes of CIPA. For a school, the Administrative Authority may be the
school, school district, school board, local educational agency, or
other authority with responsibility for administration of the school.
For a library, the Administrative Authority may be the library, library
board, or other authority with responsibility for administration of the
library.

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 FCC Form 479, *Certification of Administrative
Authority to Billed Entity of Compliance with the Children's Internet
Protection Act*, and submit the Form 479 to the Billed Entity. The
Billed Entity then certifies on Form 486 that it has collected duly
completed and signed Form(s) 479. The Billed Entity does not need to
collect Forms 479 when the Billed Entity applies only for
Telecommunications Services.

**Applying for funds.** For the purpose of CIPA requirements, a school
or library that 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.

**Determination of Your First Funding Year for Purposes of CIPA.** The
first Funding Year after Funding Year 2000 (the Funding Year beginning
July 1, 2000) in which a school or library applies for funds (i.e. in
which a Form 486 is successfully data entered for Internet Access or
Internal Connections) is the **First Funding Year** for purposes of
CIPA. Once your First Funding Year is established, the next two funding
years will be your second and third funding years for purposes of CIPA.
(See "Applying for Funds" above.) 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 services.

Once the First Funding Year is established, the Funding Year immediately
following the First Funding Year becomes the **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 otherwise required. A school or
library so prevented may request a waiver for the Second Funding Year.
(See the instructions for Item 6b.)

The **Third Funding Year** for purposes of CIPA is the Funding Year
immediately following the Second Funding Year. 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.

You must be in compliance with CIPA for any Funding Year thereafter.

The following situations WOULD constitute the Administrative Authority's
First Funding Year:

-   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.

-   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.

The following situations WOULD NOT constitute the Administrative
Authority's First Funding Year:

-   The Billed Entity receives a Funding Commitment for Internet Access
    or Internal Connections, but takes no further action.

-   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.

-   The Billed Entity applies only for Telecommunications Services.

**III. FILING REQUIREMENTS AND GENERAL INSTRUCTIONS**

***Who Must File the Form 486?***

The Billed Entity representing a school, school district, library
(outlet/branch, system), or a consortium of those entities who completed
and submitted the FCC Form 471, *Services Ordered and Certification
Form*, to which this Form 486 relates, must file the Form 486 with the
SLD. Your Funding Commitment Decision Letter from the SLD cites your
Entity Number, which you must also record in Block 1, Item 2 of this
form. If you received multiple Funding Commitment Decision Letters
setting forth discount approvals for the same Entity Number, in general
you may choose to complete one Form 486 encompassing all of them (see
"How Many Forms 486 to File?" below).

***How Many Forms 486 to File?***

When deciding whether to file a single Form 486 for multiple FRNs or
multiple Forms 486 for separate FRNs, the Billed Entity should consider
the following points. Note that only one Funding Year can be featured on
a Form 486:

1.  Early filing. It is possible that you will have one or more early
    Forms 486 and one or more later Forms 486. See the Block 2
    instructions below for more information on early filing.

2.  Timing of start dates. Is the Service Start Date the same or varied
    among the multiple FRNs? If multiple FRNs have the same or similar
    start dates for service, then you may file one Form 486 for all of
    the FRNs whose Service Start Date has occurred, or, in the case of
    early filing, is scheduled to occur. See "When to File?" below for
    more information on the relationship of Service Start Dates to Form
    486 filing deadlines.

3.  Availability of information. If any of the information required for
    a particular FRN is missing, the Billed Entity should submit a
    separate Form 486 for the particular FRN in question. In order for
    your Form 486 to be accepted for processing, all components of
    information are required to be completed. If required information is
    missing or an invalid entry is made, your Form 486 may be rejected
    and returned to you without being accepted and processed. (See
    "Minimum Processing Standards" below.)

4.  You must complete a separate Form 486 in the following situations:

-   if you receive Funding Commitment Decision Letters featuring more
    than one Entity Number. (Only one Entity Number may be featured on a
    Form 486.)

-   for Funding Year 2001 and later, if the Item 11a certification
    applies to certain FRNs and the Item 11b certification applies to
    other FRNs. (However, if you file a Form 486 for FRNs for which
    either Item 11a or Item 11b applies, you may include FRNs for
    Telecommunications Services on that Form 486.)

-   for Funding Year 2002 and later, if you file a waiver of CIPA
    requirements for a portion of your funded FRNs (see waiver
    information under Item 6 below).

***When to File?***

You may file a Form 486 no earlier than the receipt of a Funding
Commitment Decision Letter (FCDL) from the SLD.

In general, the Form 486 MUST be postmarked no later than 120 days after
the Service Start Date featured on the Form 486 or no later than 120
days after the date of your FCDL, whichever is later, in order to
receive discounts retroactively to the Service Start Date.

If the Form 486 is postmarked later than the above deadline, 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.

Guidance on when to file in certain specific situations is provided
below:

**1. EARLY FILING: 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. If the Form 486 is filed in
this manner, it MUST be postmarked on or before July 31 of the Funding
Year.**

> You may be eligible to file the Form 486 on or before July 31 of the
> Funding Year if:

-   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.

> This option is at the discretion of the Billed Entity; it has the
> merit of facilitating the provision of discounts on bills as soon as
> possible and means that SLD is authorized to begin payments on
> invoices submitted by your service provider for services delivered and
> installed on or after the Service Start Date.

The Billed Entity must complete Form 486, including the certification(s)
in Item 11, and postmark the Form 486 on or before July 31 of the
Funding Year. Early filers must also check Item 6a.

2\. Funding Year 2001 Funding Requests for services starting on or
before October 28, 2001

> If the Service Start Date featured on your Form 486 is on or before
> October 28, 2001 and the date of your FCDL is AFTER October 28, 2001,
> the Form 486 MUST be postmarked no later than 120 days after the date
> of your FCDL in order to receive discounts retroactively to the
> Service Start Date.
>
> If the Form 486 is postmarked later than the appropriate deadline
> above, 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.

3\. Funding Years beginning with Funding Year 2001

If a Billed Entity has Funding Requests featuring Service Start Dates
occurring at different times during the Funding Year, the Billed Entity
may decide to file multiple Forms 486 to ensure that discounts are paid
back to the Service Start Dates.

4\. Use of Form 500 to Adjust Service Start Date

> Billed Entities, under certain conditions, can adjust the Service
> Start Date previously reported on a Form 486 by filing an FCC Form
> 500, *Adjustment to Funding Commitment and Modification to Receipt of
> Service Confirmation Form*.
>
> Beginning with Funding Year 2001, due to the CIPA law, a Form 500
> cannot be used to move the Service Start Date earlier in time from the
> adjusted Service Start Date featured on the Form 486 Notification
> Letter. Please refer to the Form 500 instructions for more
> information.

**5. Libraries in Funding Years 2003 and 2004.**

-   **For Funding Year 2003,** libraries must be in compliance with CIPA
    or undertaking actions to comply with CIPA in order to receive
    discounts for Internet Access or Internal Connections.

-   If a library that applied for funds for Internet Access or Internal
    Connections in Funding Year 2003 applies for funds for Internet
    Access or Internal Connections **in Funding Year 2004**, 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 otherwise required. A
    library so prevented may request a waiver for Funding Year 2004.
    (See "Applying for funds" above and the instructions for Item 6c
    below.)

-   If a library has applied for funds for Internet Access or Internal
    Connections in both Funding Year 2003 and Funding Year 2004, it must
    be in compliance with CIPA in Funding Year 2005 and any Funding Year
    thereafter. (See "Applying for funds" above.)

-   Libraries that apply for funds for Internet Access or Internal
    Connections for the first time in Funding Year 2004 or any
    subsequent year should follow the procedures in the "Determination
    of Your First Funding Year for Purposes of CIPA" above.

***Where to File?***

You may complete and submit the Form 486 by filing the form online on
the SLD web site at www.sl.universalservice.org. If you are filing the
Form 486 online, you must also complete and submit to the SLD the Block
4 Certification with the signature of the authorized person (whether
online or on paper). If you have a User ID and a PIN, you are encouraged
to submit your Form 486 certifications online. Check the SLD web site
for information about obtaining a User ID and a PIN.

Please submit this form to: **SLD-Form 486**

**P.O. Box 7026**

**Lawrence, KS 66044-7026.**

For express delivery services or U.S. Postal Service, Return Receipt
Requested, mail this form to:

**SLD-Form 486**

**c/o Ms. Smith**

**3833 Greenway Drive**

**Lawrence, KS 66046.**

Note: DO **NOT** FILE THIS OR ANY OTHER UNIVERSAL SERVICE FORM WITH THE
FEDERAL COMMUNICATIONS COMMISSION.

***Compliance.***

Anyone filing false information is subject to penalties for false
statements, including fine or forfeiture, under the Communications Act,
47 U.S.C. §§ 502, 503(b), or fine or imprisonment under Title 18 of the
United States Code, 18 U.S.C. § 1001.

All of the information required in the Form 486 must be completed, in
order for this Form to be accepted by the SLD for processing. A valid
entry must be submitted on the Form 486 for each component of
information required. These Instructions set forth the requirements for
a valid entry. If you have any questions about completing this Form,
please visit the SLD web site. If the Form is [not]{.underline} properly
completed, the Form may be rejected and returned to you.

***Where to Get More Information?***

Information and detailed guidance is available on the Schools and
Libraries Division's web site at www.sl.universalservice.org.
Information is also available by contacting the SLD Client Service
Bureau by e-mail at <question@universalservice.org>, by fax at
1-888-276-8736 or by phone at 1-888-203-8100.

**IV. MINIMUM PROCESSING STANDARDS**

You are encouraged to file and certify -- if you have a User ID and PIN
-- your Form 486 online at www.sl.universalservice.org. The online
system is designed to help you file successfully, and using the online
system will ensure that your Form 486 meets Minimum Processing Standards
and is data entered into our system correctly.

When a paper Form 486 is received by the SLD, the form is first reviewed
to make sure it complies with the following requirements before data
entry begins. These minimum processing requirements are necessary in
order to ensure the timely and efficient processing of properly
completed applications. If a Form 486 fails to meet these requirements,
the Form 486 will be rejected. The SLD may be prevented from returning
the rejected Form 486 to the sender if the form lacks essential
identifying information. If an applicant receives a returned Form 486,
it is important that the corrected form be resubmitted quickly. Once the
corrected form is successfully data entered, the postmark date of that
corrected form will be the postmark date for purposes of the deadline.
(See "*When to File?*" above for filing deadline requirements.)

**Manual Filers:**

**Correct Form:** Each Form 486 must be:

a.  the correct, OMB-approved FCC Form 486, with a date of July 2003 or
    later in the lower right-hand corner;

b.  submitted by regular mail, express delivery, or U.S. Postal Service
    Return Receipt Requested, or hand delivery. Forms may not be
    submitted by fax or e-mail. You are encouraged to keep proof of the
    date of mailing.

**Complete Submission:** All pages of the form must be submitted.

**Billed Entity Information:** In Block 1, each of the following items
must be properly completed:

a.  Item 1 Billed Entity Name or Item 2 Billed Entity Number;

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b.  Item 3 Funding Year -- only one Funding Year may be featured on a
    Form 486;

c.  Item 5 Contact Person Name.

**Service Information:** Each row of the Block 3 Service Information
must, at a minimum, include:

a\. Column (B) -- Funding Request Number;

b\. Column (F) -- Funding Year Service Start Date

in order to be data entered as part of the Form 486. If this information
is missing, the row will not be data entered and the applicant will be
notified. If all rows of the Block 3 Service Information fail to meet
these requirements, the form will be rejected.

**CIPA Certification:** For Funding Year 2001 and later Funding Years,
Billed Entities must check at least one of the boxes labeled a through e
in Item 11.

**Valid Certification:** In Block 4, Item 12 Signature of authorized
person must be completed. If Item 12 is left blank, the Form 486 will be
rejected.

**Online Filers:**

When Blocks 1-3 of a Form 486 are submitted online, the applicant must
also (1) submit the completed Block 4 certification online with a User
ID and a PIN or (2) submit the completed and signed Block 4 paper
certification by mail, express delivery or U.S. Postal Service Return
Receipt Requested.

-   You are encouraged to certify your Form 486 online with a User ID
    and a PIN. The online system is designed to help you file
    successfully, and using the online system will ensure that your Form
    486 certification meets Minimum Processing Standards and is data
    entered into our system correctly.

-   If the Block 4 certification is submitted on paper, you are
    encouraged to keep proof of the date of mailing. The Block 4
    certification is reviewed to make sure it complies with the
    requirements listed in the "Valid Certification" section above.
    Reviewers also look for the Form 486 Application Number before the
    Certifications and Signature page is accepted and the Form 486
    reaches "certified" status. The Block 4 certification document must
    contain the information necessary to match your paper certification
    with the Blocks 1-3 of the form that were filed online.

**V. SPECIFIC INSTRUCTIONS**

Type or clearly print in the spaces provided. Attach additional pages if
necessary.

Only one Funding Year can be featured on a Form 486.

**Applicant's Form Identifier:** Use this space to assign a number or
letter of your own devising to facilitate communication with us about
THIS particular Form 486. This Applicant's Form Identifier can be very
simple; for example, if you are filing three Forms 486, you might label
them "A," "B," and "C." The Applicant's Form Identifier can also be
descriptive, such as "Internet." Choose identifiers that suit your own
record keeping needs.

**A. [Block 1: Billed Entity Information]{.underline}**

Block 1 of Form 486 asks you for your address and basic identification
information. "You" refers to the Billed Entity -- a school, school
district, library (outlet/branch, system), or a consortium of those
entities. A Billed Entity may also be a city, a state, or an entity
created solely to participate in this universal service discount
mechanism, that actually pay the bills for the service to the service
provider. The Billed Entity itself may or may not be eligible for
discounts.

**Item 1** --Provide the name of the Billed Entity as indicated on the
corresponding FCDL.

**Item 2** --Provide the Billed Entity Number as it appears on your FCDL
for the corresponding Form 471. Please be sure to obtain this
information from your FCDL, as the information may have been reported
differently in your Form 471 application.

**Item 3** --Provide the Funding Year for which your funds were
approved, e.g., \"07/01/2001 -- 06/30/2002.\" The Funding Year you
supply here must be the same as the Funding Year contained in your FCDL
for the

corresponding Form 471. Each subsequent Funding Year begins on July 1 of
that year. Cite only one Funding Year in this item.

**Item 4** - Provide the Billed Entity's full mailing address, whether a
street address, Post Office Box number, or route number. You are
strongly encouraged to provide a street address rather than a Post
Office Box if possible. In addition, please provide your telephone
number with area code and extension, fax number, and e-mail address.

**Item 5** --Provide the name of the person who should be contacted with
questions about this form. The Contact Person must be able to answer
questions in a timely manner regarding the information included in this
form. Provide the mailing address for the Contact Person, telephone
number with area code, fax number and e-mail address if different from
the address information in Item 4, and check the preferred mode of
contact. Wherever possible, the SLD will use this mode to contact you.

**B. [Block 2: Early Filing Information and CIPA Waiver
Requests]{.underline}**

**Item 6a --** To file Form 486 before services start, this item MUST be
checked and the Form 486 must be postmarked on or before July 31 of the
Funding Year. In order to file Form 486 before services start, you must
have confirmed with the named service provider that the services you
ordered will start on the Service Start Date. You also must be able to
accurately make all relevant certifications in Block 4. If you are
submitting Form 486 after services have started, do not check this box.

**Item 6b --** If you are a Billed Entity who is also the Administrative
Authority for the purpose of CIPA, you must check Item 6b if you need to
request a waiver from CIPA requirements in the Second Funding Year in
which you apply (see the explanation in "IMPACT OF CIPA REQUIREMENTS ON
FORM 486" above).

In Item 6b you may provide notification that, as of the date of the
start of discounted services, you are unable to make the certification
in Item 11a because your state or local procurement rules or regulations
or competitive bidding requirements prevent you from making that
certification. You also certify that the schools or libraries
represented in the FRN(s) on this Form 486 will be brought into
compliance with the CIPA requirements before the start of the third
Funding Year after April 20, 2001 in which they apply for discounts. If
the Billed Entity is not the Administrative Authority, Item 6b should
NOT be checked.

For example, if in Funding Year 2001 you certify that you are
undertaking such actions necessary to be in compliance with the
requirements of CIPA for Funding Year 2002, then in order to obtain
discounts in Funding Year 2002, you must be in compliance with the
requirements of CIPA prior to the start of services in that Funding Year
unless you obtain a waiver as a result of procurement/competitive
bidding constraints. In this example, if you obtain a waiver in Funding
Year 2002, you must be in compliance with the requirements of CIPA prior
to the start of Funding Year 2003.

In certain situations, a Billed Entity could have some FRNs for which
waivers can be requested and other FRNs for which waivers are not
requested. A Form 486 with Item (6b) checked must only feature FRNs for
which waivers are being requested.

**Item 6c --** If you are a Billed Entity who is also the Administrative
Authority for the library(ies) represented on this Form 486, you must
check Item 6c if you need to request a waiver from CIPA requirements for
Funding Year 2004.

In Item 6c you may provide notification that, as of the date of the
start of discounted services, you are unable to make the certification
in Item 11a because your state or local procurement rules or regulations
or competitive bidding requirements prevent you from making that
certification. You also certify that the libraries represented in the
FRN(s) on this Form 486 will be brought into compliance with the CIPA
requirements before the start of Funding Year 2005. If the Billed Entity
is not the Administrative Authority, Item 6c should NOT be checked.

C.  **[Block 3: Service Information]{.underline}**

Block 3 of Form 486 asks you to provide the Form 471 Application Number,
the Form 471 Funding Request Number, the Billing Account Number, the
Service Provider Name, the SPIN, and the Funding Year Service Start
Date.

**Item 7 --** Information to complete Columns (A) -- (E) will be
contained on the FCDL sent to you by the SLD. Note: Column (C) Billing
Account Number will be provided only if you submitted the information on
Form 471. If you file the Form 486 online, the entries for Columns (A),
(C), (D), and (E) will be automatically populated after you complete the
entry of a Funding Request Number in Column (B).

[Columns (A), (B), (C), (D) and (E)]{.underline}

The Billed Entity [must]{.underline} provide the following information
for columns (A), (B), (C), (D) and (E), except where noted. All of this
information must be obtained from the FCDL issued to each Form 471
Billed Entity approved for funding.

A.  471 Application Number;

B.  Funding Request Number (FRN) for the services to be provided;

C.  Billing Account Number (if contained in your FCDL);

D.  Service Provider Name

E.  Service Provider Identification Number (SPIN).

[Column (F)]{.underline}

Funding Year Service Start Date: The date on which the service for each
FRN started, or, in certain circumstances, is scheduled to start. This
date cannot be earlier than the first day of the Funding Year (July 1).
This date must be provided in month, day and four-digit year
(mm/dd/yyyy) format.

-   Funding Year Service Start Date Definition:

> For recurring services (for example, Telecommunications Services and
> Internet Access, ongoing Internal Connections services such as
> maintenance), the Funding Year Service Start Date may be:

-   the date that service has started and billing begins;

-   the date that billing has been established for your account;

-   the beginning date of the billing period covered by your first bill
    for this service.

    In no instance can this date be earlier than July 1 of the relevant
    Funding Year.

    For non-recurring services/products installation (for example,
    installation of Telecommunications Services or Internet Access or
    purchase of eligible Internal Connections), the Funding Year Service
    Start Date may be:

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-   July 1 of the relevant Funding Year for contracts that require a
    prepayment before the start of the Funding Year. These prepayments
    may be requested by the service provider at the time that the
    contract is signed or before work begins;

-   the date that the service provider ships the product;

-   the date that the installation/construction of work begins.

In no instance can this date be earlier than July 1 of the relevant
Funding Year.

Please remember that in order to obtain discounted services from your
service provider for a particular service or group of services for which
the SLD approved discounts, the Billed Entity MUST file a Form 486 with
Column (F) completed to indicate the Funding Year Service Start Date.

**D. [Block 4: Certification]{.underline}**

**Item 8** - Certify that the technology plans covering the services
listed above for all the eligible entities that are recipients of
services covered under this Form 486 have been approved by an authorized
organization(s) that has been certified by the SLD in compliance with
the rules applicable to this program. Provide the name(s) of the
organization(s) that are the SLD certified technology plan approver(s)
that approved a technology plan for any eligible entity that is
receiving services covered under this Form 486. If EVERY FRN listed in
the Form 486 is for basic telephone service only, enter "NONE." Each
entity receiving more than basic telephone services in the FRNs listed
on this Form 486 MUST be included under a technology plan that has been
approved by a reviewing organization, and that organization MUST have
been certified by the SLD for the Funding Year referenced on the Form
486. If you have any questions about technology plan review, please
check the Technology Planning section in the Reference Area of the SLD
web site.

**Item 9** - Certify that the services listed on this Form 486 have
been, are planned to be or are being provided to the eligible entities
identified in the Form 471 application(s) cited in this Form 486.
Further certify there are signed contracts covering all of the services
listed except for those services provided under tariff or on a
month-to-month basis.

Item 9 also requires the individual signing on behalf of the Billed
Entity to certify that he or she is authorized to submit the information
contained in the Form 486 on behalf of the Billed Entity. The individual
signing on behalf of the Billed Entity must certify that the information
contained in Form 486 is true to the best of his or her knowledge,
information and belief. *Persons knowingly making false statements on
this form can be punished by fine, forfeiture, or imprisonment under
federal law.*

**Item 10 --** Certify that you understand that the discount level used
for shared services is conditional, for future years, upon ensuring that
the most disadvantaged schools and libraries that are treated as sharing
in the services receive an appropriate share of benefits from those
services. Certify that you recognize that you may be audited pursuant to
this application and will retain for five years any and all records,
including Forms 479 where required, that you rely upon to complete this
form and, if audited, will make such records available.

**Item 11** -- This item concerns compliance with the requirements of
the Children's Internet Protection Act (CIPA), as codified at 47 U.S.C.
§ 254(h) and (l), and the implementing rules as codified at 47 C.F.R. §
54.520. If this Form 486 pertains to a Funding Year prior to Funding
Year 2001 (Funding Years beginning July 1, 2000 or earlier), skip Item
11 and go to Item 12.

If this Form 486 pertains to Funding Year 2001 (the Funding Year
beginning July 1, 2001) or later, the recipient(s) of service
represented in the FRN(s) on this Form 486 must certify the status of
compliance with CIPA. If you as the Billed Entity are the Administrative
Authority, you will indicate the status of compliance on the Form 486.
If you as the Billed Entity represent one or more Administrative
Authorities (e.g., a consortium leader), then in most cases you must
collect completed and signed Forms 479, *Certification by Administrative
Authority to Billed Entity of Compliance with the Children's Internet
Protection Act*, from those Administrative Authorities who are the
recipients of service so that you as the Billed Entity can make the
proper certification(s) on Form 486. (You do not have to collect Forms
479 if you were funded only for Telecommunications Services.)

For Funding Year 2001 and later, Item 11 must be filled in.

[General Instructions for Item 11:]{.underline}

1.  A Billed Entity who is a recipient of service must check Item 11a or
    11b or 11c. If the Billed Entity is not a recipient of service, skip
    to Item 11d.

2.  A Billed Entity who represents one or more Administrative
    Authorities must check Item 11d or 11e. (See "Special Notes for
    Billed Entities Who Represents One or More Administrative
    Authorities" below.)

3.  FOR FUNDING YEARS AFTER FUNDING YEAR 2001, a Billed Entity who must
    collect Forms 479 and who checks Item 11d must check Item 11f or
    11g. (See "Special Notes for Billed Entities Who Represent One or
    More Administrative Authorities" below.)

4.  IF THIS FORM PERTAINS TO A FUNDING YEAR PRIOR TO FUNDING YEAR 2001
    (THE FUNDING YEAR BEGINNING JULY 1, 2001), SKIP TO ITEM 12.

[Special Notes for Billed Entities Who Represent One or More
Administrative Authorities:]{.underline}

The Administrative Authority must make a certification for purposes of
CIPA. (See "IMPACT OF CIPA REQUIREMENTS ON FORM 486" above for the
definition of Administrative Authority.) However, in the following
cases, the Billed Entity is not the Administrative Authority and
therefore must collect Forms 479 from the Administrative Authority(ies):

-   the Billed Entity is the lead member of a consortium but is not the
    Administrative Authority for all of the members of the consortium.

-   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.

-   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.

Following are descriptions of specific situations these Billed Entities
may encounter:

> A Billed Entity who is not an Administrative Authority must collect
> Forms 479 from the Administrative Authority of any school or library
> represented on its Form 486 unless it was funded only for
> Telecommunications Services. Typically, such Billed Entities would be
> consortium leaders. In the case of a Billed Entity who is the
> Administrative Authority for some schools and/or libraries but not for
> others, that Billed Entity must duly complete, sign and keep a Form
> 479 for each school or library for which it is the Administrative
> Authority unless it applied only for Telecommunications Services.
>
> A Billed Entity who is the Administrative Authority and who also
> represents one or more other Administrative Authorities must make one
> certification in Item 11a or Item 11b or Item 11c as well as one
> certification in Item 11d or Item 11e.
>
> For Funding Years after Funding Year 2001, a Billed Entity who checks
> Item 11d must also check Item 11f or Item 11g.
>
> A Billed Entity who checks Item 11e is certifying that the only
> services for which the Billed Entity has been approved for discounts
> on behalf of eligible members of the consortium are Telecommunications
> Services. If some of the eligible recipients have applied for Internet
> Access or Internal Connections outside of the Billed Entity's
> application(s), it is the responsibility of those entities to make the
> appropriate certifications for those services on separate Form(s) 486.
>
> If two Billed Entities in a state are both state-level organizations
> (such as a State Department of Education and a State Information
> Network) and both are required to collect Forms 479 from their
> eligible recipients of services (such as all schools and school
> districts or all library outlets and libraries in the state), it is
> not necessary for both organizations to duplicate the collection of
> Forms 479. One state-level Billed Entity can assume the responsibility
> for collecting the Forms 479, and share the information with the other
> state-level Billed Entity. The second state-level Billed Entity can
> then check Item 11d with the understanding that "I have duly collected
> completed and signed Forms 479" means only that the second state-level
> Billed Entity has evidence that the collection was accomplished.
> However, the second state-level Billed Entity must verify that all of
> its eligible members requesting discounts are represented in the
> information collected by the other state-level Billed Entity.

In order to accurately make the relevant certification(s) on the Form
486, the Billed Entity who represents one or more Administrative
Authorities must receive Forms 479 from the appropriate Administrative
Entities before filing Form 486.

[Specific Instructions for Item 11]{.underline}

[FOR A BILLED ENTITY WHO IS THE ADMINISTRATIVE AUTHORITY:]{.underline}

Check the one box in Items 11a through 11c that describes the status of
compliance with CIPA.

Schools and libraries receiving E-rate discounts are required to have an
Internet safety policy that addresses: (1) access by minors to
inappropriate matter on the Internet and World Wide Web, (2) the safety
and security of minors when using electronic mail, chat rooms, and other
forms of direct electronic communications, (3) unauthorized access,
including hacking, and other unlawful activities by minors online, (4)
unauthorized disclosure, use, and dissemination of personal
identification information regarding minors, and (5) measures designed
to restrict minors' access to materials harmful to minors. There is also
a public notice and hearing/meeting requirement. The Internet safety
policy must include the use of filtering or blocking technology that
protects against access, through computers with Internet access, to
visual depictions that are obscene, child pornography, or (in the case
of use by minors) harmful to minors.

-   **Item 11a --** Check here if you certify that the recipient(s) of
    service represented in the FRN(s) on this Form 486 has (have)
    complied with the requirements of CIPA. Do not check Item 11a if you
    check Item 11b.

-   **Item 11b** -- Check here if you certify that the recipient(s) of
    service represented in the FRN(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. Do not check Item 11b if you check Item 11a.

-   **Item 11c --** Check here if you certify that the CIPA does not
    apply because the recipient(s) of service represented in the FRN(s)
    on this Form 486 is (are) receiving discount services only for
    telecommunications services.

FOR A BILLED ENTITY WHO REPRESENTS ONE OR MORE ADMINISTRATIVE
AUTHORITIES:

A Billed Entity who represents one or more Administrative Authorities
must make the same certification(s) below as a Billed Entity who is the
lead member of a consortium. If the Billed Entity represents one or more
Administrative Authorities, read "consortium" and "eligible members of
the consortium" to mean "the Administrative Authorities I represent."

Check the box(es) in Item(s) 11d through 11g that pertain to your
situation:

-   **Item 11d** -- Check here if you certify, as the Billed Entity for
    the consortium or for the Administrative Authorities you represent,
    that you have collected duly completed and signed Forms 479. For
    Funding Years after Funding Year 2001, a Billed Entity who checks
    Item 11d must also check Item 11f or 11g. (FORMS 479 ARE NOT
    SUBMITTED TO THE SLD. THEY ARE TO BE COLLECTED AND RETAINED BY THE
    BILLED ENTITY. This form is available in the SLD Forms section of
    the SLD web site or may be obtained by contacting the SLD Client
    Service Bureau.)

-   **Item 11e** -- Check here if you certify, as the Billed Entity for
    the consortium or for the Administrative Authorities you represent,
    that the only services for which you have been approved for
    discounts under the universal service support mechanism are
    Telecommunications Services, and therefore the requirements of CIPA
    do not apply.

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-   **Item 11f** -- For Funding Years after Funding Year 2001: Check
    here if you certify, as the Billed Entity for the consortium or for
    the Administrative Authorities you represent, that some or all of
    the entities who filed Form 479 are seeking a CIPA Waiver by
    checking Form 479 Item 6d or Item 6e. Do not check Item 11f if you
    check Item 11g.

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```
-   **Item 11g** -- For Funding Years after Funding Year 2001: Check
    here if you certify, as the Billed Entity for the consortium or for
    the Administrative Authorities you represent, that none of the
    entities who filed Form 479 are seeking a CIPA Waiver by checking
    Form 479 Item 6d or Item 6e. Do not check Item 11g if you check Item
    11f.

This certification language contained in the Form 486 is not intended to
fully set forth or explain all the requirements of CIPA.

**Item 12** requires the signature of the authorized person.

**Item 13 -** Enter the date the Form 486 was signed. This date must
include the month, day and year.

**Item 14 -** Print the name of the Authorized Person whose signature is
provided in Item 12.

**Item 15 -** Provide the title or position of the Authorized Person
whose signature is provided in Item 12.

**Item 16 -** Provide the street address, telephone number with area
code, fax number and e-mail address of the Authorized Person whose
signature is provided in Item 12.

**Submit completed Forms 486 by mail to:**

> **SLD-Form 486**
>
> P.O. Box 7026
>
> **Lawrence, Kansas 66044-7026**

**For express delivery services or U.S. Postal Service, Return Receipt
Requested, send Forms 486 to:**

> **SLD-Form 486**
>
> **c/o Ms. Smith**
>
> **3833 Greenway Drive**
>
> **Lawrence, Kansas 66046**
>
> **888-203-8100**

**VI. REMINDERS**

-   For Funding Year 2001 (the Funding Year beginning July 1, 2001) and
    later, you are required to certify on the Form 486 the status of
    your compliance with the Children's Internet Protection Act.

-   The CIPA waiver in Item 6b is **not** relevant for Funding Year
    2001; it is to be used, if applicable, only for Funding Year 2002
    and beyond.

-   The CIPA waiver in Item 6c is only relevant for libraries for
    Funding Year 2004.

-   Unless you are using the Early Filing option described in the "*When
    to File?"* section above, do not file Form 486 before services have
    started.

-   You are encouraged to file and --- if you have a User ID and PIN ---
    certify the Form 486 online . Using the online system will ensure
    that your Form 486 meets Minimum Processing Standards and is data
    entered into our system correctly.

-   If you file on paper, your Form 486 must meet Minimum Processing
    Standards or your Form 486 will be rejected.

-   Each entity receiving more than basic telephone services in the FRNs
    listed on this Form 486 MUST be included under a technology plan
    that has been approved by a reviewing organization, and that
    organization MUST have been certified by the SLD for the Funding
    Year referenced on the Form 486.

    **APPENDIX B**

    **Draft FCC Form 479 and Instructions**

+----------------------------------+---+-----------------+-------------+---+
| FCC Form Approval by OMB         |   |                 |             |   |
|                                  |   |                 |             |   |
| **479** 3060-0853                |   |                 |             |   |
|                                  |   |                 |             |   |
| **Schools and Libraries          |   |                 |             |   |
| Universal Service**              |   |                 |             |   |
|                                  |   |                 |             |   |
| **Certification by               |   |                 |             |   |
| Administrative Authority to      |   |                 |             |   |
| Billed Entity\                   |   |                 |             |   |
| of Compliance with the           |   |                 |             |   |
| Children's Internet Protection   |   |                 |             |   |
| Act**                            |   |                 |             |   |
|                                  |   |                 |             |   |
| Please read instructions before  |   |                 |             |   |
| completing. Estimated Average    |   |                 |             |   |
| Burden Hours For First           |   |                 |             |   |
| Submission: 15.0 hours           |   |                 |             |   |
|                                  |   |                 |             |   |
| For Subsequent Submissions: 1.5  |   |                 |             |   |
| hours                            |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| Administrative Authority's Form  | ( |                 |             |   |
| Identifier:                      | T |                 |             |   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | o |                 |             |   |
|                                  | b |                 |             |   |
| Create your own code to identify | e |                 |             |   |
| THIS Form 479.                   | c |                 |             |   |
|                                  | o |                 |             |   |
|                                  | m |                 |             |   |
|                                  | p |                 |             |   |
|                                  | l |                 |             |   |
|                                  | e |                 |             |   |
|                                  | t |                 |             |   |
|                                  | e |                 |             |   |
|                                  | d |                 |             |   |
|                                  | b |                 |             |   |
|                                  | y |                 |             |   |
|                                  | t |                 |             |   |
|                                  | h |                 |             |   |
|                                  | e |                 |             |   |
|                                  | A |                 |             |   |
|                                  | d |                 |             |   |
|                                  | m |                 |             |   |
|                                  | i |                 |             |   |
|                                  | n |                 |             |   |
|                                  | i |                 |             |   |
|                                  | s |                 |             |   |
|                                  | t |                 |             |   |
|                                  | r |                 |             |   |
|                                  | a |                 |             |   |
|                                  | t |                 |             |   |
|                                  | i |                 |             |   |
|                                  | v |                 |             |   |
|                                  | e |                 |             |   |
|                                  | A |                 |             |   |
|                                  | u |                 |             |   |
|                                  | t |                 |             |   |
|                                  | h |                 |             |   |
|                                  | o |                 |             |   |
|                                  | r |                 |             |   |
|                                  | i |                 |             |   |
|                                  | t |                 |             |   |
|                                  | y |                 |             |   |
|                                  | a |                 |             |   |
|                                  | n |                 |             |   |
|                                  | d |                 |             |   |
|                                  | p |                 |             |   |
|                                  | r |                 |             |   |
|                                  | o |                 |             |   |
|                                  | v |                 |             |   |
|                                  | i |                 |             |   |
|                                  | d |                 |             |   |
|                                  | e |                 |             |   |
|                                  | d |                 |             |   |
|                                  | t |                 |             |   |
|                                  | o |                 |             |   |
|                                  | y |                 |             |   |
|                                  | o |                 |             |   |
|                                  | u |                 |             |   |
|                                  | r |                 |             |   |
|                                  | B |                 |             |   |
|                                  | i |                 |             |   |
|                                  | l |                 |             |   |
|                                  | l |                 |             |   |
|                                  | e |                 |             |   |
|                                  | d |                 |             |   |
|                                  | E |                 |             |   |
|                                  | n |                 |             |   |
|                                  | t |                 |             |   |
|                                  | i |                 |             |   |
|                                  | t |                 |             |   |
|                                  | y |                 |             |   |
|                                  | ) |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| **Block 1: Administrative        |   |                 |             |   |
| Authority Information**          |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| 1\. Name of Administrative       |   |                 | 2\. Funding |   |
| Authority                        |   |                 | Year        |   |
+----------------------------------+---+-----------------+-------------+---+
| 3\. Mailing Address and Contact  |   |                 |             |   |
| Information for Administrative   |   |                 |             |   |
| Authority                        |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| Street Address, P. O. Box or     |   |                 |             |   |
| Route Number City State Zip Code |   |                 |             |   |
|                                  |   |                 |             |   |
| Name of Contact Person 10-Digit  |   |                 |             |   |
| Telephone Number Fax Number      |   |                 |             |   |
| E-mail Address                   |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| **This form is applicable only   |   |                 |             |   |
| for funding years beginning July |   |                 |             |   |
| 1, 2001 or later.**              |   |                 |             |   |
|                                  |   |                 |             |   |
| **Persons willfully making false |   |                 |             |   |
| statements on this form can be   |   |                 |             |   |
| punished by fine or forfeiture,  |   |                 |             |   |
| under the Communications Act, 47 |   |                 |             |   |
| U.S.C. Secs. 502, 503(b), or     |   |                 |             |   |
| fine or imprisonment under Title |   |                 |             |   |
| 18 of the United States Code, 18 |   |                 |             |   |
| U.S.C. Sec. 1001.**              |   |                 |             |   |
|                                  |   |                 |             |   |
| NOTICE: The collection of        |   |                 |             |   |
| information stems from the       |   |                 |             |   |
| Commission\'s authority under    |   |                 |             |   |
| Section 254 of the               |   |                 |             |   |
| Communications Act of 1934, as   |   |                 |             |   |
| amended, 47 U.S.C. § 254. The    |   |                 |             |   |
| data in the form will be used to |   |                 |             |   |
| inform the Billed Entity of the  |   |                 |             |   |
| status of compliance with the    |   |                 |             |   |
| Children's Internet Protection   |   |                 |             |   |
| Act.                             |   |                 |             |   |
|                                  |   |                 |             |   |
| An agency may not conduct or     |   |                 |             |   |
| sponsor, and a person is not     |   |                 |             |   |
| required to respond to, a        |   |                 |             |   |
| collection of information unless |   |                 |             |   |
| it displays a currently valid    |   |                 |             |   |
| OMB control number.              |   |                 |             |   |
|                                  |   |                 |             |   |
| The FCC is authorized under the  |   |                 |             |   |
| Communications Act of 1934, as   |   |                 |             |   |
| amended, to collect the          |   |                 |             |   |
| information requested in this    |   |                 |             |   |
| form. The information you        |   |                 |             |   |
| provide will be used to          |   |                 |             |   |
| determine whether approving the  |   |                 |             |   |
| application of your Billed       |   |                 |             |   |
| Entity is in the public          |   |                 |             |   |
| interest. If we believe there    |   |                 |             |   |
| may be a violation or potential  |   |                 |             |   |
| violation of an FCC statute,     |   |                 |             |   |
| regulation, rule or order, your  |   |                 |             |   |
| form may be referred to the      |   |                 |             |   |
| federal, state, or local agency  |   |                 |             |   |
| responsible for investigating,   |   |                 |             |   |
| prosecuting, enforcing or        |   |                 |             |   |
| implementing the statute, rule,  |   |                 |             |   |
| regulation or order. In certain  |   |                 |             |   |
| cases, the information in your   |   |                 |             |   |
| form may be disclosed to the     |   |                 |             |   |
| Department of Justice or a court |   |                 |             |   |
| or adjudicative body when (a)    |   |                 |             |   |
| the FCC; or (b) any employee of  |   |                 |             |   |
| the FCC; or (c) the United       |   |                 |             |   |
| States Government, is a party in |   |                 |             |   |
| a proceeding before the body or  |   |                 |             |   |
| has an interest in the           |   |                 |             |   |
| proceeding. In addition,         |   |                 |             |   |
| consistent with the              |   |                 |             |   |
| Communications Act of 1934, FCC  |   |                 |             |   |
| regulations and orders, the      |   |                 |             |   |
| Freedom of Information Act, 5    |   |                 |             |   |
| U.S.C. § 552, or other           |   |                 |             |   |
| applicable law, information      |   |                 |             |   |
| provided in or submitted with    |   |                 |             |   |
| this form or in response to      |   |                 |             |   |
| subsequent inquiries may be      |   |                 |             |   |
| disclosed to the public.         |   |                 |             |   |
|                                  |   |                 |             |   |
| If you do not provide the        |   |                 |             |   |
| information requested on the     |   |                 |             |   |
| form, the Billed Entity will be  |   |                 |             |   |
| unable to complete the FCC Form  |   |                 |             |   |
| 486.                             |   |                 |             |   |
|                                  |   |                 |             |   |
| The foregoing Notice is required |   |                 |             |   |
| by the Paperwork Reduction Act   |   |                 |             |   |
| of 1995, Pub. L. No. 104-13, 44  |   |                 |             |   |
| U.S.C. § 3501, *et seq*.         |   |                 |             |   |
|                                  |   |                 |             |   |
| Public reporting burden for this |   |                 |             |   |
| collection of information is     |   |                 |             |   |
| estimated to average 15.0 hours  |   |                 |             |   |
| for the first submission and 1.5 |   |                 |             |   |
| hours for subsequent             |   |                 |             |   |
| submissions, including the time  |   |                 |             |   |
| for reviewing instructions,      |   |                 |             |   |
| searching existing data sources, |   |                 |             |   |
| gathering and maintaining the    |   |                 |             |   |
| data needed, completing, and     |   |                 |             |   |
| reviewing the collection of      |   |                 |             |   |
| information. Send comments       |   |                 |             |   |
| regarding this burden estimate   |   |                 |             |   |
| or any other aspect of this      |   |                 |             |   |
| collection of information,       |   |                 |             |   |
| including suggestions for        |   |                 |             |   |
| reducing the reporting burden,   |   |                 |             |   |
| to the Federal Communications    |   |                 |             |   |
| Commission, Performance          |   |                 |             |   |
| Evaluation and Records           |   |                 |             |   |
| Management, Washington, D.C.     |   |                 |             |   |
| 20554.                           |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| **Name of Administrative         |   |                 |             |   |
| Authority                        |   |                 |             |   |
| \_\_\_\_\_\_\_                   |   |                 |             |   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |   |                 |             |   |
| Administrative Authority's Form  |   |                 |             |   |
| Identifier                       |   |                 |             |   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |   |                 |             |   |
|                                  |   |                 |             |   |
| **Name of Contact Person         |   |                 |             |   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |   |                 |             |   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |   |                 |             |   |
| Telephone                        |   |                 |             |   |
| Number\_\_\_\_\_                 |   |                 |             |   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |   |                 |             |   |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| **Block 2: Certifications and    |   |                 |             |   |
| Signature**                      |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| 4.  I am the Administrative      |   |                 |             |   |
|     Authority for one or more    |   |                 |             |   |
|     schools or libraries for     |   |                 |             |   |
|     which Universal Service      |   |                 |             |   |
|     Support Mechanism discounts  |   |                 |             |   |
|     have been requested or       |   |                 |             |   |
|     approved for eligible        |   |                 |             |   |
|     services. The Administrative |   |                 |             |   |
|     Authority must make the      |   |                 |             |   |
|     required certification(s)    |   |                 |             |   |
|     for the purposes of the      |   |                 |             |   |
|     Children's Internet          |   |                 |             |   |
|     Protection Act (CIPA) in     |   |                 |             |   |
|     order to receive discounted  |   |                 |             |   |
|     services.                    |   |                 |             |   |
|                                  |   |                 |             |   |
| 5.  I recognize that I may be    |   |                 |             |   |
|     audited pursuant to this     |   |                 |             |   |
|     form and will retain for     |   |                 |             |   |
|     five years any and all       |   |                 |             |   |
|     records that I rely upon to  |   |                 |             |   |
|     complete this form.          |   |                 |             |   |
|                                  |   |                 |             |   |
| 6.  I certify that as of the     |   |                 |             |   |
|     date of the start of         |   |                 |             |   |
|     discounted services:         |   |                 |             |   |
|                                  |   |                 |             |   |
| 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.                      |   |                 |             |   |
| >                                |   |                 |             |   |
| > CIPA Waiver. Check the box     |   |                 |             |   |
| > below if you are requesting a  |   |                 |             |   |
| > waiver of CIPA requirements    |   |                 |             |   |
| > for the Second Funding Year    |   |                 |             |   |
| > after April 20, 2001 in which  |   |                 |             |   |
| > the recipients of service      |   |                 |             |   |
| > under your administrative      |   |                 |             |   |
| > authority have applied for     |   |                 |             |   |
| > discounts:                     |   |                 |             |   |
|                                  |   |                 |             |   |
| d I am providing notification    |   |                 |             |   |
| that, as of the date of the      |   |                 |             |   |
| start of discounted services, I  |   |                 |             |   |
| am unable to make the            |   |                 |             |   |
| certifications required by the   |   |                 |             |   |
| Children's Internet Protection   |   |                 |             |   |
| Act, as codified at 47 U.S.C. §  |   |                 |             |   |
| 254(h) and (l), because my state |   |                 |             |   |
| or local procurement rules or    |   |                 |             |   |
| regulations or competitive       |   |                 |             |   |
| bidding requirements prevent the |   |                 |             |   |
| making of the certification(s)   |   |                 |             |   |
| otherwise required. I certify    |   |                 |             |   |
| that 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     |   |                 |             |   |
| will be brought into compliance  |   |                 |             |   |
| with the CIPA requirements       |   |                 |             |   |
| before the start of the Third    |   |                 |             |   |
| Funding Year after April 20,     |   |                 |             |   |
| 2001 in which they apply for     |   |                 |             |   |
| discounts.                       |   |                 |             |   |
|                                  |   |                 |             |   |
| > CIPA WAIVER FOR LIBRARIES FOR  |   |                 |             |   |
| > FUNDING YEAR 2004. Check the   |   |                 |             |   |
| > box below if you are           |   |                 |             |   |
| > requesting a waiver of CIPA    |   |                 |             |   |
| > requirements for the           |   |                 |             |   |
| > library(ies) under your        |   |                 |             |   |
| > administrative authority that  |   |                 |             |   |
| > have applied for discounts for |   |                 |             |   |
| > Funding Year 2004:             |   |                 |             |   |
|                                  |   |                 |             |   |
| e I am providing notification    |   |                 |             |   |
| that, as of the date of the      |   |                 |             |   |
| start of discounted services in  |   |                 |             |   |
| Funding Year 2004, I am unable   |   |                 |             |   |
| to make the certifications       |   |                 |             |   |
| required by the Children's       |   |                 |             |   |
| Internet Protection Act, as      |   |                 |             |   |
| codified at 47 U.S.C. § 254(h)   |   |                 |             |   |
| and (l), because my state or     |   |                 |             |   |
| local procurement rules or       |   |                 |             |   |
| regulations or competitive       |   |                 |             |   |
| bidding requirements prevent the |   |                 |             |   |
| making of the certification(s)   |   |                 |             |   |
| otherwise required. I certify    |   |                 |             |   |
| that the library(ies) under my   |   |                 |             |   |
| administrative authority and     |   |                 |             |   |
| represented in the Funding       |   |                 |             |   |
| Request Number(s) for which you  |   |                 |             |   |
| have requested or received       |   |                 |             |   |
| Funding Commitments will be      |   |                 |             |   |
| brought into compliance with the |   |                 |             |   |
| CIPA requirements before the     |   |                 |             |   |
| start of Funding Year 2005.      |   |                 |             |   |
|                                  |   |                 |             |   |
| **The certification language     |   |                 |             |   |
| above is not intended to fully   |   |                 |             |   |
| set forth or explain all the     |   |                 |             |   |
| requirements of the statute.**   |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| 7.  Signature of Authorized      |   | 8.  Date        |             |   |
|     Person                       |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| 9.  Printed Name of Authorized   |   |                 |             |   |
|     Person                       |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| 10. Title or Position of         |   |                 |             |   |
|     Authorized Person            |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+
| 11. Telephone Number of          |   |                 |             |   |
|     Authorized Person            |   |                 |             |   |
+----------------------------------+---+-----------------+-------------+---+

**A paper copy of this form, with an original signature in Block 2, Item
7,\
must be mailed or delivered to your Billed Entity.**

FCC Form 479 Approval by OMB

3060-0853

Universal Service for Schools and Libraries

**Certification by Administrative Authority to Billed Entity of
Compliance with the Children's Internet Protection Act**

Estimated Average Burden Hours For First Submission: 15.0 hours

For Subsequent Submissions: 1.5 hours

**Instructions for Completing the**

**Schools and Libraries Universal Service**

**Certification by Administrative Authority to Billed Entity of
Compliance with the Children's Internet Protection Act (FCC Form 479)**

> **TABLE OF CONTENTS**
>
> **NOTICE Page 1**
>
> **I. PURPOSE OF FORM Page 2**
>
> **II. IMPACT OF CIPA REQUIREMENTS ON FORM 479 Page 2**
>
> **III. SUBMISSION REQUIREMENTS AND GENERAL INSTRUCTIONS Page 4**
>
> **IV. SPECIFIC INSTRUCTIONS Page 6**
>
> **V. REMINDERS Page 8**

**NOTICE**

NOTICE: Section 54.520 of the Federal Communications Commission\'s (FCC)
rules sets forth the requirements for compliance with the Children's
Internet Protection Act (CIPA) (Pub. L. 106-554) for recipients of
discounted services under the Schools and Libraries Universal Service
Support Mechanism. 47 C.F.R. § 54.520. Billed Entities are required to
certify that they have collected duly completed and signed FCC Forms 479
from Administrative Authorities. Administrative Authorities for schools
and libraries eligible to receive discounted services under the Schools
and Libraries Universal Service Support Mechanism must complete and
submit signed FCC Form(s) 479 to the Billed Entity before the Billed
Entity may submit FCC Form 486 and before discounts on services may be
reimbursed from the Support Mechanism. FCC Form 479 is required as
evidence that the eligible schools and libraries have met the purposes
of the Children's Internet Protection Act. The collection of information
stems from the Commission\'s authority under Section 254 of the
Communications Act of 1934, as amended. 47 U.S.C. § 254. The FCC may ask
the Billed Entity to provide copies of these forms, and, if so, the
Billed Entity will be required to provide the copies.

The FCC is authorized under the Communications Act of 1934, as amended,
to mandate collection of the information requested in this form. The
information you provide on this form will be used to determine whether
approving the application of your Billed Entity is in the public
interest. If we believe there may be a violation or potential violation
of an FCC statute, regulation, rule or order, including a deliberate
attempt to mislead the Billed Entity or the FCC, your form may be
referred to the federal, state, or local agency responsible for
investigating, prosecuting, enforcing or implementing the statute, rule,
regulation or order. In certain cases, the information in your form may
be disclosed to the Department of Justice or a court or adjudicative
body when: (a) the FCC; or (b) any employee of the FCC; or (c) the
United States Government, is a party in a proceeding before the body or
has an interest in the proceeding. In addition, consistent with the
Communications Act of 1934, FCC regulations and orders, the Freedom of
Information Act, 5 U.S.C. § 552, or other applicable law, information
provided in or submitted with this form or in response to subsequent
inquiries may be disclosed to the public.

If you do not provide the information requested on the form, the Billed
Entity will be unable to complete the FCC Form 486.

The foregoing Notice is required by the Paperwork Reduction Act of 1995,
Pub. L. No. 104-13, 44 U.S.C. § 3501, *et seq.*

An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.

Public reporting burden for this collection of information is estimated
to average 15.0 hours for the first submission and 1.5 hours for
subsequent submissions, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, completing, and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
reporting burden, to the Federal Communications Commission, Performance
Evaluation and Records Management, Washington, D.C. 20554.

**I. PURPOSE OF FORM**

The FCC Form 479, Certification by Administrative Authority to Billed
Entity of Compliance with the Children's Internet Protection Act,
provides notification to a Billed Entity by an Administrative Authority
of the status of the Administrative Authority's compliance for the
purposes of CIPA. The Billed Entity will then certify on its FCC Form
486, Receipt of Service Confirmation Form, that it has collected duly
completed and signed Forms 479 from Administrative Authorities that the
Billed Entity represents. Starting in Funding Year 2002 (the Funding
Year beginning July 1, 2002), Form 479 also provides notification to the
Billed Entity of a request for waiver by the Administrative Authority.

Throughout these instructions, the Administrative Authority may also be
referred to as "you."

**Note that this form must be used beginning with Funding Year 2001 (the
Funding Year beginning July 1, 2001) and later.**

**II. IMPACT OF CIPA REQUIREMENTS ON FORM 479**

The Children\'s Internet Protection Act (CIPA) was signed into law on
December 21, 2000. In order to receive discounts for Internet Access and
Internal Connections services under the universal service support
mechanism, school and library authorities must certify that they are
enforcing a policy of Internet safety. The Internet safety policy must
include measures to block or filter Internet access for both minors and
adults to certain visual depictions.

[]{.mark}

Beginning with Funding Year 2001 (the Funding Year beginning July 1,
2001), if the Billed Entity who represents an Administrative Authority
is applying for Internet Access or Internal Connections, the
Administrative Authority must certify on a Form 479 that it is in
compliance with the requirements of CIPA or that it is undertaking such
actions to comply with the requirements of CIPA prior to the start of
the following Funding Year. (If the Administrative Authority is the
Billed Entity, the Administrative Authority will certify on the Form
486.) The Billed Entity must receive your completed and signed Forms 479
before it can complete and postmark its Form 486. If the Billed Entity
is applying only for Telecommunications Services, the requirements of
CIPA do not apply and the Billed Entity is not required to collect Forms
479. (For more information, see the Children's Internet Protection Act,
as codified at 47 U.S.C. § 254(h) and (l).)

**Applying for funds.** For the purpose of CIPA requirements, a school
or library that 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.

**Determination of Your First Funding Year for Purposes of CIPA.** The
first Funding Year after Funding Year 2000 (the Funding Year beginning
July 1, 2000) in which a school or library applies for funds (i.e. in
which a Form 486 is successfully data entered for Internet Access or
Internal Connections) is the **First Funding Year** for purposes of
CIPA. Once your First Funding Year is established, the next two funding
years will be your second and third funding years for purposes of CIPA.
(See **"Applying for Funds"** above.) 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 services.

[]{.mark}

Once the First Funding Year is established, the Funding Year immediately
following the First Funding Year becomes the **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 otherwise required. A school or
library so prevented may request a waiver for the Second Funding Year.

The **Third Funding Year** for purposes of CIPA is the Funding Year
immediately following the Second Funding Year. 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.

You must be in compliance with CIPA for any Funding Year thereafter.

The following situations WOULD constitute the Administrative Authority's
First Funding Year:

-   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.

-   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.

The following situations WOULD NOT constitute the Administrative
Authority's First Funding Year:

-   The Billed Entity receives a Funding Commitment for Internet Access
    or Internal Connections, but takes no further action.

-   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.

-   The Billed Entity applies only for Telecommunications Services.

# III. SUBMISSION REQUIREMENTS AND GENERAL INSTRUCTIONS {#iii.-submission-requirements-and-general-instructions .unnumbered}

***Who Must Submit the Form 479?***

In general, the Administrative Authority is the entity that must
complete FCC Form 479, *Certification of Administrative Authority to
Billed Entity of Compliance with the Children's Internet Protection
Act.* For a school, the Administrative Authority may be the school,
school district, school board, local educational agency, or other
authority with responsibility for administration of the school. For a
library, the Administrative Authority may be the library, library board,
or other authority with responsibility for administration of the
library.

[]{.mark}

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

[]{.mark}

***How Many Forms 479 to Submit to the Billed Entity?***

Generally, you will complete one Form 479 for each of your Billed
Entities.

***When to Submit the Form 479?***

The Billed Entity must receive your completed and signed Forms 479 in
time to postmark the Billed Entity's Form 486 to meet Form 486
deadlines. You should work with your Billed Entity to determine when to
submit your Form 479.

You must complete Form 479 for each Funding Year in which you receive
discounted services beginning with Funding Year 2001 (the Funding Year
beginning July 1, 2001) and after.

**Note to Libraries in Funding Years 2003 and 2004.**

-   **For Funding Year 2003,** libraries must be in compliance with CIPA
    or undertaking actions to comply with CIPA in order to receive
    discounts for Internet Access or Internal Connections.

-   If a library that applied for funds for Internet Access or Internal
    Connections in Funding Year 2003 applies for funds for Internet
    Access or Internal Connections **in Funding Year 2004**, 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 otherwise required. A
    library so prevented may request a waiver for Funding Year 2004.
    (See "Applying for funds" above and the instructions for Item 6e
    below.)

-   If a library has applied for funds for Internet Access or Internal
    Connections in both Funding Year 2003 and Funding Year 2004, it must
    be in compliance with CIPA in Funding Year 2005 and any Funding Year
    thereafter. (See "Applying for funds" above.)

-   Libraries that apply for funds for Internet Access or Internal
    Connections for the first time in Funding Year 2004 or any
    subsequent year should follow the procedures in the "Determination
    of Your First Funding Year for Purposes of CIPA" above.

***Where to Send Form 479?***

The Form 479 must be filed with your Billed Entity.

**DO NOT SUBMIT THE COMPLETED FCC FORM 479 TO THE SCHOOLS AND LIBRARIES
DIVISION OR TO THE FCC; SUBMIT IT ONLY TO YOUR BILLED ENTITY.**

***Compliance.***

Anyone filing false information is subject to penalties for false
statements, including fine or forfeiture, under the Communications Act,
47 U.S.C. §§ 502, 503(b), or fine or imprisonment under Title 18 of the
United States Code, 18 U.S.C. § 1001.

All of the information required in the Form 479 must be completed in
order for the Billed Entity to be able to certify as required on the FCC
Form 486.

***Where to Get More Information?***

Information is available on the Schools and Libraries Division's web
site at www.sl.universalservice.org. Information is also available by
contacting the SLD Client Service Bureau by e-mail at
question@universalservice.org, by fax at 1-888-276-8736 or by phone at
1-888-203-8100.

**IV. SPECIFIC INSTRUCTIONS**

Type or clearly print in the spaces provided. Attach additional pages if
necessary.

**Administrative Authority's Form Identifier:** Use this space to assign
a number or letter of your own devising to facilitate communication with
your Billed Entity about THIS particular Form 479. Your Administrative
Authority's Form Identifier can be very simple; for example, if you are
filing three Forms 479, you might label them "A," "B," and "C." The
Administrative Authority's Form Identifier can also be descriptive, such
as "Internet." Choose identifiers that suit your own record keeping
needs.

**A. [Block 1: Administrative Authority Information]{.underline}**

Block 1 of Form 479 asks you for your name, address, and basic
identification information.

**Item 1** - Provide the name of the Administrative Authority.

**Item 2** - Provide the Funding Year (e.g., 2001 --2002) for which
funds were requested or approved and for which the Billed Entity will be
submitting a Form 486. Program Funding Years begin on July 1 and end on
June 30. For example, Funding Year 2001 runs from July 1, 2001 through
June 30, 2002. Cite only one Funding Year in this item.

**Item 3** - Provide the Administrative Authority's full mailing
address, whether a street address, Post Office Box number, or route
number. Provide the Contact Person's Name; 10-digit telephone number
including the area code; fax number; and e-mail address.

**B. [Block 2: Certifications and Signature]{.underline}**

Block 2 of Form 479 asks you to certify with respect to your status as
the Administrative Authority and with respect to your compliance with
the Children's Internet Protection Act.

**Item 4 --** Certify that you are an Administrative Authority for one
or more schools or libraries for which Universal Service Support
Mechanism discounts have been requested or approved for eligible
services. You must make the required certification(s) for the purposes
of the Children's Internet Protection Act in order to receive discounted
services. While the Billed Entity will not submit FCC Form 486 until
after discount requests have been approved and a Funding Commitment
Decision Letter (FCDL) has been issued, the Billed Entity may ask you to
file FCC Form 479 in advance of approval of the requests so that the
Billed Entity is ready to file the Form 486 once the FCDL has been
received.

**Item 5** -- Certify to your recognition that you may be audited
pursuant to this certification and will retain for five years any and
all records that you rely upon to complete this form.

**Item 6** - This item concerns compliance with the requirements of the
Children's Internet Protection Act (CIPA), as codified at 47 U.S.C. §
254(h) and (l), and the implementing rules as codified at 47 C.F.R. §
54.520. Check the box that describes the status of compliance with the
Children's Internet Protection Act. The certification statements in Item
6 of the Form 479 should be read as if you are addressing them to the
Billed Entity.

An Administrative Authority can certify Item 6b only in the first
Funding Year after Funding Year 2000 (the Funding Year beginning July 1,
2000) for which it is applying for discounts for Internet Access or
Internal Connections services. An Administrative Authority can seek a
CIPA Waiver under Item 6d only in its Second Funding Year. If you
request a CIPA Waiver, you certify that your schools or libraries will
be in compliance before the start of the Third Funding Year. You cannot
seek a CIPA Waiver in your Third Funding Year, even if you have a new
school or library branch/outlet under your authority in that Funding
Year. (See **"Impact of CIPA Requirements on Form 479"** above for a
discussion of First, Second and Third Funding Years.) Note that
libraries can request a CIPA Waiver under Item 6e in Funding Year 2004.
(See the instructions for Item 6e below.)

Schools and libraries receiving E-rate discounts are required to have an
Internet safety policy that addresses: (1) access by minors to
inappropriate matter on the Internet and World Wide Web, (2) the safety
and security of minors when using electronic mail, chat rooms, and other
forms of direct electronic communications, (3) unauthorized access,
including hacking, and other unlawful activities by minors online, (4)
unauthorized disclosure, use, and dissemination of personal
identification information regarding minors, and (5) measures designed
to restrict minors' access to materials harmful to minors. There is also
a public notice and hearing/meeting requirement. The Internet safety
policy must include the use of filtering or blocking technology that
protects against access, through computers with Internet access, to
visual depictions that are obscene, child pornography, or (in the case
of use by minors) harmful to minors.

-   **Item 6a --** Check here if you certify to the Billed Entity that
    the recipient(s) of service under your administrative authority and
    represented in the Funding Request Number(s) for which the Billed
    Entity has requested Funding Commitments has (have) complied with
    the requirements of the Children's Internet Protection Act.

-   **Item 6b** -- Check here if you certify to the Billed Entity that
    the recipient(s) of service under your administrative authority and
    represented in the Funding Request Number(s) for which the Billed
    Entity has requested Funding Commitments is (are) undertaking such
    actions, including any necessary procurement procedures, to comply
    with the requirements of the Children's Internet Protection Act for
    the next funding year, but has (have) not completed all requirements
    of CIPA for this funding year.

-   **Item 6c --** Check here if you certify that the Children's
    Internet Protection Act does not apply because the recipient(s) of
    service under your administrative authority and represented in the
    Funding Request Number(s) for which the Billed Entity has requested
    or received Funding Commitments is (are) receiving discount services
    only for Telecommunications Services.

-   **Item 6d -- CIPA Waiver. This item is applicable only to your
    Second Funding Year. (See "Impact of CIPA Requirements on Form 479"
    above for the definition of your Second Funding Year.)** Check here
    if you are providing notification that, as of the date of the start
    of discounted services, you are unable to make the certifications
    required by the Children's Internet Protection Act because your
    state or local procurement rules or regulations or competitive
    bidding requirements prevent the making of the certifications
    otherwise required. You certify that the recipients(s) of service
    under your administrative authority and represented in the Funding
    Request Number(s) for which your Billed Entity has requested or
    received Funding Commitments will be brought into compliance with
    the CIPA requirements before the start of the Third Funding Year
    after April 20, 2001 in which they apply for discounts.

> For example, if in Funding Year 2001 you certify that you are
> undertaking such actions necessary to put the measures required by
> CIPA in place for Funding Year 2002, then in order to obtain discounts
> in Funding Year 2002, you must fully implement the measures prior to
> the start of services in that Funding Year, unless you obtain a waiver
> as a result of procurement/competitive bidding constraints.

-   **Item 6e -- CIPA WAIVER FOR LIBRARIES FOR FUNDING YEAR 2004.**
    Check here if you are providing notification that, as of the date of
    the start of discounted services in Funding Year 2004, you are
    unable to make the certifications required by the Children's
    Internet Protection Act because your state or local procurement
    rules or regulations or competitive bidding requirements prevent the
    making of the certifications otherwise required. You certify that
    the library(ies) under your administrative authority and represented
    in the Funding Request Number(s) for which your Billed Entity has
    requested or received Funding Commitments will be brought into
    compliance with the CIPA requirements before the start of Funding
    Year 2005.

**NOTE THAT** the certification language in the Form 479 is not intended
to fully set forth or explain all the requirements of CIPA.

**Item 7** requires the signature of the Authorized Person.

**Item 8 -** Enter the date the Form 479 was signed. This date must
include the month, day and year.

**Item 9 -** Print the name of the Authorized Person whose signature is
provided in Item 7.

**Item 10 -** Provide the title or position of the Authorized Person
whose signature is provided in Item 7.

**Item 11 -** Provide the telephone number, including area code, of the
Authorized Person whose signature is provided in Item 7. This
information is required in order to expedite any communications that may
be necessary between the Authorized Person responsible for signing the
Form 479 and the Billed Entity.

Submit completed forms to your Billed Entity.

**V. REMINDERS**

-   The person authorized to provide the information required by Form
    479 must sign and date Form 479.

-   Provide data for all information items.

-   This Form 479 is applicable to you only if you are an Administrative
    Authority who is not a Billed Entity. If you are starting services
    for which **you** were approved for discounts as the Billed Entity
    on a Form 471, please file a Form 486 and submit it to the Schools
    and Libraries Division.

-   DO NOT send the Form 479 to SLD or to the FCC.

-   DO send Form 479 to your Billed Entity.

    **APPENDIX C -- FINAL RULES**

    Part 54 of Title 47 of the Code of Federal Regulations is amended as
    follows:

    **PART 54 -- UNIVERSAL SERVICE**

    **Subpart F -- Universal Support for Schools and Libraries**

    1\. Section 54.520 is amended by revising the second sentence of
    paragraph (f), and paragraph (g) to read as follows and the note to
    section 54.520 is deleted:

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

    \* \* \* \* \*

    \(f\) \* \* \* 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.

[^1]: *United States v. American Library Ass'n, Inc.*, No. 02-361, 2003
    WL 21433656 (June 23, 2003).

[^2]: 47 U.S.C. § 254(h)(5)(A), (6)(A). *See Federal-State Joint Board
    on Universal Service, Children's Internet Protection Act*, CC Docket
    No. 96-45, Report and Order, 16 FCC Rcd 8182, 8195-8197, paras.
    28-31 (2001) (*CIPA Order*). Section 254(h)(6)(A)(ii) excludes from
    the requirements of CIPA libraries receiving only telecommunications
    services. 47 U.S.C. § 254(h)(6)(A)(ii). In this Order, discussion of
    the CIPA filtering requirements as applied to libraries, library
    consortium members or billed entities refers to libraries receiving
    e-rate funds for Internet access and internal connections.

[^3]: We find good cause to make the implementation timing modifications
    without notice and comment rulemaking. The actions we take in this
    Order are intended to bring implementation of CIPA into compliance
    with the judgment of the Supreme Court. Because the Court reversed
    the lower court decision and found section 254(h)(6) constitutional
    and because of the need to implement the Court's judgment quickly,
    we find notice and comment unnecessary and impractical. In addition,
    because Funding Year 2003 started July 1, 2003, quick action is
    necessary to inform libraries of their obligations and implement
    such changes.

[^4]: *See infra* para. 14.

[^5]: 47 U.S.C. §§ 151 *et seq.;* *see Federal-State Joint Board on
    Universal Service*, CC Docket No. 96-45, Report and Order, 12 FCC
    Rcd 8776 (1997) (*Universal Service Order*), as corrected by
    *Federal‑State Joint Board on Universal Service*, CC Docket No.
    96‑45, Errata, FCC 97‑157 (rel. June 4, 1997), *affirmed in part*,
    *Texas Office of Public Utility Counsel v. FCC*, 183 F.3d 393 (5th
    Cir. 1999) (affirming *Universal Service Order* in part and
    reversing and remanding on unrelated grounds), *cert. denied,
    Celpage, Inc. v. FCC*, 120 S. Ct. 2212 (May 30, 2000), *cert.
    denied,* *AT&T Corp. v. Cincinnati Bell Tel. Co*., 120 S. Ct. 2237
    (June 5, 2000)*, cert. dismissed,* *GTE Service Corp. v. FCC*, 121
    S. Ct. 423 (November 2, 2000).

[^6]: 47 C.F.R. §§ 54.502, 54.503.

[^7]: *Federal-State Joint Board on Universal Service*, CC Docket No.
    96-45, Fifth Order on Reconsideration and Fourth Report and Order in
    CC Docket No. 96-45, 13 FCC Rcd 14915 (1998).

[^8]: *Changes to the Board of Directors of the National Exchange
    Carrier Association, Inc., Federal-State Joint Board on Universal
    Service*, CC Docket Nos. 97-21 and 96-45, Third Report and Order in
    CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket
    No. 97-21 and Eighth Order on Reconsideration in CC Docket No.
    96-45, 13 FCC Rcd 25058 (1998)*.*

[^9]: *See* Schools and Libraries Universal Service, Services Ordered
    and Certification Form, OMB 3060-0806 (October 2002) (FCC Form 471).

[^10]: 47 C.F.R. § 54.504(c).

[^11]: Schools and Libraries Universal Service, Receipt of Service
    Confirmation Form, OMB 3060-0853 (September 2002) (FCC Form 486);
    Instructions for Completing the Schools and Libraries Universal
    Service, Receipt of Service Confirmation Form (FCC Form 486), OMB
    3060-0853 (September 2002) (Form 486 Instructions). In addition, an
    early filing option exists for applicants whose services begin on or
    before July 1 of the funding year. *See* FCC Form 486.

[^12]: *See* FCC Form 486; Form 486 Instructions.

[^13]: *See* Neighborhood Children's Internet Protection Act (NCIPA),
    Pub. L. 106-554 §§ 1731 *et seq.*

[^14]: Hereinafter we will refer collectively to all of the persons
    specified in the statute as responsible for making these
    certifications on behalf of participating libraries as "entities."
    In the case of a library, certifying entities include a "library,
    library board, or other authority with responsibility for
    administration of a library." *See, e.g.,* 47 U.S.C. §
    254(h)(6)(A)(i).

[^15]: 47 U.S.C. §§ 254(h)(5), 254(h)(6). These software filters are
    designed to block access to Internet sites containing sexually
    explicit or otherwise objectionable material. *See American Library
    Ass'n, Inc. v. United States*, 201 F.Supp.2d 401, 428-430
    (E.D.Pa.2002).

[^16]: *See* NCIPA, Pub. L. 106-554 § 1732, codified at 47 U.S.C. §
    254(l).

[^17]: 47 C.F.R. § 54.520.

[^18]: *See* *CIPA Order*; 47 C.F.R. § 54.520.

[^19]: *CIPA Order*, 16 FCC Rcd at 8194, para. 25.

[^20]: *American Library Association Inc. v. United States,* 201 F.
    Supp.2d 401 (E.D. Pa. 2002). Section 1741(a) of CIPA, 114 Stat.
    2763A-351, provides expedited review for constitutional challenges
    by a three-judge district court pursuant to 28 U.S.C. § 2284.

[^21]: *Id.* at 496.

[^22]: *Federal-State Joint Board on Universal Service*, CC Docket No.
    96-45, Order, 17 FCC Rcd 12433 (2002) (specifically suspending
    enforcement of section 54.520(c)(2)(i) and (iii), (c)(3), (d), and
    (g)(1) of its rules as applied to libraries, 47 C.F.R. §
    54.520(c)(2)(i) and (iii), (c)(3), (d), and (g)(1)) (*CIPA
    Suspension Order*). Specifically, the Commission suspended
    enforcement of section 54.520(c)(2)(i) and (iii), 54.520(c)(3) and
    54.520(d) to the extent that these provisions require any library to
    filter or certify to such filtering under 47 U.S.C. § 254(h)(6). The
    Commission also suspended enforcement of section 54.520(g)(1) as it
    applies to all libraries. *See id.*

[^23]: *United States v. American Library Ass'n, Inc.*, No. 02-361, 2003
    WL 21433656*;* s*ee American Library Ass'n, Inc. v. United States*,
    201 F. Supp.2d 401; *see also* 47 U.S.C. § 254(h)(6). Section
    1741(b) of CIPA provides for review of a decision finding any
    provision of CIPA unconstitutional "as a matter of right by direct
    appeal to the Supreme Court."

[^24]: *See CIPA Suspension Order*, 17 FCC Rcd at 12447-8, paras. 14-18.

[^25]: *United States v. American Library Ass'n*, 2003 WL 21433656 at
    \*8. *See also id.* at \*11 (Kennedy, J., concurring), at \*14
    (Breyer, J., concurring).

[^26]: *United States v. American Library Ass'n*, 2003 WL 21433656 at
    \*8 (plurality opinion). *See also id.* at \*11 (Kennedy, J.,
    concurring), at \*14 (Breyer, J., concurring). *United Status v.
    American Library Ass'n*, 2003 WL 21433656 at \*8 (plurality
    opinion). *See also id.* at \*12 (Breyer, J., concurring) ("As the
    plurality points out, the Act allows libraries to permit any adult
    patron access to an 'overblocked' Web site; the adult patron need
    only ask a librarian to unblock the specific Web site or,
    alternatively, ask the librarian, 'Please disable the entire
    filter.'"); *id.* at \*10 (Kennedy, J., concurring) (underscoring
    the government\'s representation that "on the request of an adult
    user, a librarian will unblock filtered material or disable the
    Internet software filter without significant delay").

[^27]: *Id.* at \*8 (quoting Tr. Of Oral Arg. 4).

[^28]: Under the Supreme Court's rules, its decisions do not become
    effective until the Court sends a certified copy of the judgment to
    the lower court. The Court does not send the certified copy until at
    least 25 days after the entry of judgment. Sup. Ct. R. 45.

[^29]: This Order and the accompanying rules shall be effective upon the
    later of publication in the Federal Register, approval of the
    revised FCC Forms 486 and 479, or the effective date of the Supreme
    Court decision. We direct the Bureau to release a Public Notice
    announcing the effective date of this Order, when it is known.

[^30]: 47 U.S.C. § 254(h)(6)(E)(ii)(II)(aa). CIPA provides that a
    library that does not have in place the policy of Internet safety
    and technology protection measures required by section 254(h) and
    intends to receive support for Internet access and internal
    connections shall certify "for the first program year after the
    effective date of this subsection in which it is applying for funds"
    that it is "undertaking such actions, including any necessary
    procurement procedures, to put in place an Internet safety policy
    and technology protection measures meeting the requirements
    necessary . . . ." 47 U.S.C. § 254(h)(6)(E)(ii)(II). ("\[F\]or the
    second program year after the effective date of this subsection in
    which it is applying for funds under this subsection, \[the entity\]
    shall certify that it is in compliance with \[the relevant
    provisions\].").

[^31]: Some libraries may have voluntarily installed filtering software
    consistent with CIPA requirements prior to July 1, 2003. Such
    libraries would be able to certify that they are in compliance with
    CIPA for Funding Year 2003.

[^32]: *See* 47 U.S.C. § 254(h)(6)(E)(ii)(II).

[^33]: We do not, however, require such libraries and library consortium
    members to return e-rate funds received for Internet access or
    internal connections during the part of Funding Year 2003 prior to
    the effective date of this Order. Libraries, including library
    consortium members that are not in compliance with CIPA for Funding
    Year 2003 and will not be undertaking efforts during Funding Year
    2003 to comply with CIPA by Funding Year 2004 may receive e-rate
    funds for Internet access or internal connections on a pro rata
    basis for the portion of Funding Year 2003 during which this Order
    is not effective, *i.e.*, from July 1, 2003 until the effective date
    of this Order.

[^34]: 47 U.S.C. § 254(h)(6)(A)(ii). *See CIPA Order*, 16 FCC Rcd. at
    8195-6, para. 28.

[^35]: For purposes of this requirement, an FCC Form shall be deemed
    "filed" as of the postmark date for mailed forms.

[^36]: Appendix A contains a draft version of the proposed revised FCC
    Form 486, which will be submitted to the Office of Management and
    Budget (OMB) upon release of this Order. We will be seeking
    emergency approval of revised FCC Forms 486 and 479 from OMB. *See
    infra* note 41.

[^37]: Entities receiving e-rate funds for Internet access may file
    their FCC Form 486 upon receipt of their Funding Commitment Decision
    Letter, which may occur prior to the start of the funding year, so
    some libraries have already filed the FCC Form 486 for Funding Year
    2003. *See* Form 486 Instructions.

[^38]: *See* Form 486 Instructions.

[^39]: Libraries that are members of a library consortium and would not
    be required to file FCC Form 486 are not required to file the
    revised FCC Form 486. Such libraries should refer to filing
    procedures for the revised FCC Form 479.

[^40]: *See supra* para. 12.

[^41]: Appendix B contains a draft version of the proposed revised FCC
    Form 479, which will be submitted to the OMB upon release of this
    Order. *See supra* note 36.

[^42]: *See* Form 479 Instructions.

[^43]: *See* Universal Service for Schools and Libraries, Adjustment to
    Funding Commitment and Modification to Receipt of Service
    Confirmation Form, OMB 3060-0853 (April 2000)(FCC Form 500);
    Instructions for Completing the Schools and Libraries Universal
    Service, Adjustment to Funding Commitment and Modification to
    Receipt of Service Confirmation Form (FCC Form 500), OMB 3060-0853
    (April 2000) (Form 500 Instructions).

[^44]: 47 U.S.C. § 254(6)(E)(ii)(III).