CIPA Overview and Filing Requirements An Update for Interested E-rate Participants October 8, 2001

September 28, 2001MIN/LOM2 Forward The information in this presentation is based on discussions regarding CIPA and N-CIPA held among state E-Rate coordinators and the Michigan Information Network (MIN) Work Group. Some of the information is also a result of conference calls between state E-rate coordinators and the FCC and SLD. All reasonable attempts have been made to ensure the accuracy of this information as of the date of this presentation. However, the FCC and SLD are still working on the details of implementing CIPA and N-CIPA. Some of the information provided in this presentation may change as the result of further clarifications made by the FCC and SLD. Refer to the FCC and SLD web sites for official information.

September 28, 2001MIN/LOM3 CIPA Compliance Certification Must be made via Form 486 on or before October 28, 2001 Taking steps to comply must be started on or before the start date of Year 4 E-rate services, but no later than October 28, 2001 –For most, July 1, 2001 was the date by which applicants must have taken initial steps to comply

September 28, 2001MIN/LOM4 CIPA Compliance Certification However... –Some Year 4 applicants may not get a Funding Commitment Decision Letter (FCDL) by October 28, 2001 –Also, some Year 4 services may not start until after October 28, 2001

September 28, 2001MIN/LOM5 CIPA Compliance Certification Under such circumstances, the SLD will give applicants 120 days after receipt of the FCDL or start of services to file the Form 486, whichever is later –Note: If you did not start undertaking actions by July 1 or the start of services, you can only qualify for Year 4 discounts back to the date at which you verify on Form 486 that your school or library started taking such actions

September 28, 2001MIN/LOM6 CIPA Compliance Certification Certification of full compliance must be made by the start of funding Year 5 (i.e., July 1, 2002) –Exception 1: Unless applicant requests and receives a waiver because full compliance is prevented due to delays caused by local procurement procedures –Exception 2: Unless applicant requests discount services only for telecommunications services

September 28, 2001MIN/LOM7 How Do I Certify? Year 4 –Form must be completed by the Administrative Authority of a school or library and submitted to the Billed Entity for the consortium that is applying on their behalf –Form must be completed by the Billed Entity (or the Administrative Authority if the latter is also the Billed Entity) and submitted to the SLD

September 28, 2001MIN/LOM8 Form 479 The Administrative Authority certifies in Block 2, Item 6 on this form that –a) the recipients under its administrative authority have complied with CIPA; or –b) the recipients under its administrative authority are undertaking actions to comply with CIPA for the next funding year (for most, Year 5 - July 1, 2002), but have not completed all requirements for this funding year; or

September 28, 2001MIN/LOM9 Form 479 –c) CIPA does not apply because the recipients of service under it administrative authority are receiving discount services only for telecommunications services. The Billed Entity (i.e., the consortium leader) collects a completed Form 479 from each of its members

September 28, 2001MIN/LOM10 Form 479 Note: Forms 479 are not sent to the SLD. They are kept on file (for 5 years) by the Billed Entity to substantiate the Billed Entitys CIPA compliance certification made on the Form 486

September 28, 2001MIN/LOM11 Form 479 Waiver requests –The Administrative Authority for the consortium certifies in Block 2, Item 6d on the Form 479 that it is unable to make the certifications required by CIPA due to local procurement rules, regulations, or competitive bidding requirements

September 28, 2001MIN/LOM12 Form 479 Due date –Must be in the hands of the Billed Entity prior to October 28, 2001 so that the Billed Entity can certify on a Form 486 that all Forms 479 have been collected –Time is running out!!!

September 28, 2001MIN/LOM13 Form 486 The Billed Entity who is also the Administrative Authority certifies in Block 4, Item 11 on this form that –a) the recipients of service have complied with the requirements of CIPA; or –b) the recipients of service are undertaking actions to comply with the requirements of CIPA for the next funding year but have not completed all requirements for this year; or

September 28, 2001MIN/LOM14 Form 486 –c) CIPA does not apply because the recipients of service are receiving discount services only for telecommunications services. –Note: The Billed Entity is not responsible for verifying that members certifications are accurate The entire consortium will not be penalized due to the non-compliance of an individual member(s)

September 28, 2001MIN/LOM15 Form 486 The Billed Entity who represents one or more Administrative Authorities also certifies in Block 4, Item 11 on this form that –d) duly completed and signed Forms 479 from all eligible members of the consortium have been collected; or

September 28, 2001MIN/LOM16 Form 486 –e) the only services that have been approved for discounts are telecommunications services, and therefore the requirements of CIPA do not apply. If d above is checked, then the Billed Entity who represents one or more Administrative Authorities must check one of the following boxes in Item 11:

September 28, 2001MIN/LOM17 Form 486 –f) some or all of the eligible consortium members checked Form 479 Item 6d to seek a CIPA Waiver, and upon request from the Administrator, this information can be provided; or –g) no eligible consortium members checked Form 479 Item 6d to seek a CIPA Waiver.

September 28, 2001MIN/LOM18 Form 486 Beware Block 2a, Item 6A –Applicants filing a Form 486 for PY4 for services that have already begun (e.g., as of July 1, 2001) should NOT check box 6A in Block 2a –Instructions on the actual Form 486 are WRONG! –Instructions in the Instructions for Completing Form 486 document are correct!

September 28, 2001MIN/LOM19 Form 486 Block 2a, Box 6A is meant for those early filers whose services have not yet started, but will start before October 28, 2001 If you are an early filer submitting Form 486 after services have already started, do NOT check Block 2a, Box 6A If you did when you shouldnt have, the SLD should catch the error upon data entry

September 28, 2001MIN/LOM20 How Do I Certify? Year 5 –Certification will be made on the new Form 486 (July 2001 version) –No specific filing dates announced yet –Must be fully in compliance by July 1, 2002 to be eligible for funding (unless have obtained a waiver, or are applying for discount services only for telecommunications services)

September 28, 2001MIN/LOM21 Internet Safety Policy CIPA requires adoption and implementation of an Internet Safety Policy –Public hearing or meeting must be held regarding the Internet Safety Policy Must provide reasonable public notice for the hearing or meeting (e.g., library board or school board meeting) Should comport with the states Open Meetings law (MCL March 31, 1977)

September 28, 2001MIN/LOM22 Internet Safety Policy Internet safety measures to consider for inclusion in the Internet Safety Policy are: –Procedures the district or library will follow to: protect minors from access to inappropriate matter on the Internet and World Wide Web; ensure the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;

September 28, 2001MIN/LOM23 Internet Safety Policy address the unauthorized access, including so-called hacking, and other unlawful activities by minors online; address the unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and restrict minors access to materials harmful to minors.

September 28, 2001MIN/LOM24 Internet Safety Policy –Operation of a technology protection measure for any computers with Internet access that protects against access through such computers to visual depictions that are: obscene; child pornography; or harmful to minors.

September 28, 2001MIN/LOM25 Internet Safety Policy –Methods by which the district will enforce these Internet safety measures during use of any computers with Internet access by minors.

September 28, 2001MIN/LOM26 Internet Safety Policy For schools… –Internet Safety Policy must include monitoring the online activities of minors Note: 1) Libraries are not required to monitor the online activities of minors; 2) CIPA and N-CIPA do not require schools or libraries to track Internet use by identifiable users

September 28, 2001MIN/LOM27 Court Actions ALA and ACLU lawsuits challenge the applicability of CIPA to libraries –May 15, 2001 ruling in U.S. District Court requires libraries to indicate in PY4 that they are evaluating their options –Full-blown trial tentatively scheduled for February 14, 2002

September 28, 2001MIN/LOM28 Court Actions Why no lawsuits from schools? –Perhaps because schools have much greater flexibility restricting free speech under the concept of educational suitability and in loco parentis –Also, schools are limited use facilities, whereas libraries are considered to be an open forum upholding intellectual freedom rights

September 28, 2001MIN/LOM29 Advice Schools, school districts, libraries and library consortia should seek the advice of legal counsel in an attempt to ensure that their actions are in compliance with the letter of the law(s)

September 28, 2001MIN/LOM30 Resource Sites Refer to the following web sites for additional information on CIPA: – – – – – appeal.html – –

September 28, 2001MIN/LOM31 Concluding Remarks Technically, there are only 19 days left before your Form 486 must be postmarked to meet the October 28, 2001 deadline for Year 4 E-rate funding! Bonne Chance!