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

CIPA Overview and Filing Requirements

An Update for Interested

E-rate Participants

October 8, 2001

September 28, 2001 MIN/LOM 2

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.


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



• 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



• 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



• 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


How Do I Certify?

• Year 4– Form 479 - 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 486 - must be completed by the Billed Entity (or the Administrative Authority if the latter is also the Billed Entity) and submitted to the SLD


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


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


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 Entity’s CIPA compliance certification made on the Form 486


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


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!!!


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


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)


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


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:


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.


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!


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 shouldn’t have, the SLD should catch the error upon data entry


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)


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 state’s Open Meetings law (MCL 15.261 - March 31, 1977)



• 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;



• 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.



– 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.



– Methods by which the district will enforce these Internet safety measures during use of any computers with Internet access by minors.



• 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


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


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


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)


Resource Sites

• Refer to the following web sites for additional information on CIPA:– http://www.state.mi.us/cio/min– http://www.sl.universalservice.org/reference/CIPA.asp

– http://www.merit.edu/usf/CIPAPA212Comparison.html

– http://www.ala.org/cipa

– http://www.aclu.org/issues/cyber/trial/ appeal.html

– http://www.safewiredschools.org/040601.html

– http://www.dpi.state.wi.us/dlcl/pld/cipafaq.html


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!

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

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