FCC Issues Order in Response to Supreme Court CIPA Decision
ALAWON: American Library Association Washington Office Newsline
Volume 12, Number 68
July 24, 2003
On July 23, 2003 the Federal Communication Commission (FCC) adopted an
order that updates regulations pertaining to the Children's Internet
Protection Act (CIPA) for libraries. This order was adopted to reflect
the recent Supreme Court decision in American Library Association Inc.
v. United States issued on June 23, 2003.
From the order we understand the following:
Libraries which are subject to CIPA must undertake efforts in Funding
Year 2003 (the current year) AND be compliant by the start of Funding
Year 2004, July 1, 2004, in order to receive discounts.
Compliance is the enforcement of an Internet safety policy that
includes the use of a technology protection measure, such as filtering
software, blocking software, etc.
Libraries that are not in compliance with CIPA this year (FY 2003)
and will not be undertaking actions in order to be compliant by 2004 are
not eligible for E-rate discounts on Internet access or internal
connections in Funding Year 2003. However, they will not be required to
return funds received during the period between July 1 and the effective
date of the Order.
As established in the original FCC rules, CIPA does not apply to
E-rate discounts for any service classified by the E-rate program as
CIPA certification will continue to be made on Form 486 filed with
the SLD or Form 479 filed with your consortia leaders. Drafts of
revised forms are attached to the Order.
If a library applicant HAS NOT yet filed a Form 486 or a Form 479, it
is required to file a REVISED version of the appropriate form.
If a library applicant HAS filed a Form 486 or Form 479, but is
applying ONLY for telecommunications, no action is necessary.
If a library HAS filed a Form 486 or Form 479 for an Internet access
or internal connections application, it must re-file on the new Form 486
or Form 479 as appropriate.
The deadline for filing Form 486 with the SLD REMAINS the later of
either 120 days after the applicants service start date or 120 days
after receipt of a Funding Commitment Decision Letter (FCDL).
The deadline for filing a revised Form 479 with a consortium leader
is 45 days from this Order's effective date.
Consortia may include both compliant and non-compliant members, but
only compliant members may receive discounts for Internet access or
For Funding Year 2003 only, consortia leaders needing to file Form
500 in order to adjust funding commitments must do so within 30 days of
filing the revised Form 486
As you can see, many of the dates incorporated in this order hinge upon
the effective date of the order which will be the date the order is
published in the Federal Register. The ALA Washington Office will be
monitoring the Federal Register for this publication and will announce
the effective date when it is known. We will also be communicating with
the SLD to provide information on the availability of new forms.
The complete text of the FCC order can be found in multiple formats
through the following links:
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