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Most Libraries Must Refile New 486 for CIPA
New form being developed - will be due Oct. 29
~ Schools mostly unaffected ~
Message Posted August 5, 2003
On June 24, I sent a message to this listserve explaining that the U.S. Supreme Court had upheld the filtering requirements for libraries and that guidance would be forthcoming from the FCC regarding what this meant for E-rate. Well, the FCC has released this guidance in a recent Order and details are below. Please note: although the Court's decision didn't affect schools (because schools were NEVER exempt from filtering), schools will have to begin using the new version of the 486 when it is released in a few weeks, however schools will not have to refile the current Year 6 Form 486 (as most libraries will have to do).
The FCC has ruled that libraries receiving Internet Access or Internal Connections funding will simply have to "undertake efforts in Funding Year 2003 (Year 6) to be CIPA compliant, with full compliance required by Year 7 (July 1, 2004).
CIPA compliance means that libraries must employ Internet filtering and must have an Internet Safety Policy. The policy requirement has been in effect since FY 2002, but the filtering requirement had been stayed by a district court ruling until it was overturned by the Supreme Court decision.
The most immediate impact of the Order for many libraries is that it will require many to re-file new Form 486s on FY 2003 funding awards. Although the requirement to "undertake efforts" in FY 2003 to filter by FY 2004 does not involve a high compliance standard, the Order does require that all library applicants (except those seeking only Telecommunications services) to affirmatively certify this action. Since the current version of Form 486 (dated September 2002) requires libraries to certify only Internet Safety Policy compliance, a new version of the Form 486 (dated July 2003) is being prepared to incorporate the library filtering compliance certification.
Affected library applicants, who have already filed Form 486s for FY 2003, will be required to re-file using the new version of the Form 486. Re-filing must occur within the original 120-day deadline which, for applicants funded in Waves 1-6 and who have services starting July 1, is October 29, 2003.
Similarly, libraries that are part of consortia applying for Internet Access and/or Internal Connections, and who have already filed Form 479s for FY 2003, must resubmit new Form 479s to their consortia leaders. The deadline for resubmission is 45 days from the effective date of the Order. If some of the members of a library consortium decide not to comply with the undertaking action provision on filtering, the consortium must file a Form 500 within 30 days of filing the new Form 486 to cancel or reduce funding on Internet and/or Internal Connections services.
School applicants, who have always had to be compliant with CIPA filtering provisions, must exercise care to file the correct version of the Form 486.
Once the Order becomes effective, according to draft instructions on the Form 486 Minimum Processing Standards, all applicants must use the new July 2003 version. Although the SLD may permit some grace period, once use of the new version is mandated, subsequently submitted versions of the older Form 486s (July 2001 or September 2002) will be rejected. The penalty for missing a Form 486 deadline is a reduction in funding.
The new Order raises a number of procedural questions that will require additional guidance. A more detailed notice is expected to be posted on the SLD Web site shortly.
jtschell@comcast.net
(717) 730.7133 (voice)
(717) 730.9060 (fax)
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