[ALA-WO:847] FCC Issues Order on CIPA for Library E-Rate Applicants
ALAWON: American Library Association Washington Office Newsline
Number 68 July 24, 2003
In This Issue: FCC Issues Order on CIPA for Library
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.
established in the original FCC rules, CIPA does not apply to E-rate discounts
for any service classified by the E-rate program as telecommunications.
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
- 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 internal
- 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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ALA Washington Office,
1301 Pennsylvania Ave., N.W., Suite 403,br>Washington,
phone: 202.628.8410 or 800.941.8478 toll-free
Executive Director: Emily Sheketoff.
Office of Government Relations: Lynne
Bradley, Director; Camille Bowman, Mary Costabile, Don Essex, Patrice
McDermott and Miriam Nisbet. Office for Information Technology Policy: Rick
Weingarten, Director; Kathy Mitchell, Carrie Russell. ALAWON Editor:
The FCC CIPA library
compliance Order is out. The key info is in paragraph 11 which says:
Consistent with the implementation framework established by Congress,
librariesreceiving 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
So this gives libraries until July 1, 2004, to be compliant. There are other
details about changes to E-rate forms, etc., in the order. The Order is
available in several formats at
FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE/CHILDREN'S INTERNET PROTECTION
ACT. Adopted 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. (Dkt No. 96-45). Action by: the Commission. Adopted:
07/23/2003 by ORDER. (FCC No. 03-188).
Bob Bocher, Technology Consultant
WI Dept. of Public Instruction, Division for Libraries and Technology...
P.O. Box 7841 Madison, WI 53707-7841
When the Institute for Museum and Library Service (IMLS) releases the
information about the Library Service and Technology Act (LSTA) regulations,
ILA will forward that information as soon as it is released.
Robert P. Doyle
Illinois Library Association
33 W. Grand Ave., Suite 301
Chicago, IL 60610-4306
ALA CIPA Web Site: This site has links to the court
documents as well as questions and answers about common CIPA questions.
Statement on Library Use of Filtering Software: This site also has a
link near the bottom of the page to a checklist for creating an Internet Use
CIPA Info & FAQ as well as
an article on CIPA on page 16 of the August 2003 ILA
FAQ on E-rate
Compliance with the Children's Internet Protection Act and the Neighborhood
Children's Internet Protection Act - Bob Bocher Wisconsin Department of
Public Instruction Division for Libraries, Technology, and Community Learning -
This site provides information and links to additional resources.
Filtering: Illinois Century Network is offering centralized filtering
services at reasonable rates. Contact the ICN
Regional Technology Center to
sign up. ICN information on E-rate.
IMLS on CIPA:
An explanation of how the ruling will impact LSTA grant funded programs.
Wall Street Journal Online -
Consumer research on filtering software.
We will attempt to keep this updated as new sources of
information become available.
September Newsletter on