Whats New with USF, CIPA and PA212

1
Whats New with USF, CIPA and PA212?

• An Update for Interested
• E-rate Participants
• November 1, 2001

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.
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Whats New with USF

• A Book Report on USF Year 5

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Book Report on USF Year 5

• Window opening
• The window for Year 5 will open at 1200 Noon on
  Monday, November 5, 2001 and will close at
  1159PM on Thursday, January 17, 2002

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Book Report on USF Year 5

• Form Modifications
• Form 500
• Is being updated due to CIPA requirements
• Cannot be used to change the Service Start Date
  to a date earlier than what is on the Form 486
  Notification Letter

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Book Report on USF Year 5

• New Notification Letters
• Form 486 Notification Letter
• Currently under development at the SLD to confirm
  receipt of your Form 486
• Form 500 Notification Letter
• Currently under development at the SLD to confirm
  receipt of your Form 500

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Book Report on USF Year 5

• SPIN Changes should be easier thanks to Copan
  ruling
• Applicant has to make 3 certifications
• 1. Change is allowed under state local
  procurement rules/laws
• 2. Change is allowed under terms of contract
• 3. Original Service Provider (SP) has been
  notified of intent to make change

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Book Report on USF Year 5

• Product and Service Substitutions should be
  easier due to recent changes
• 1-to-1 changes no longer required
• Does not have to be initiated by the SP
• Same functionality now more broadly interpreted

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Book Report on USF Year 5

• E-certification
• SLD working to implement for Year 5 Form 471
  window opening
• Will require applicant to apply for User ID and
  PIN
• PINs will be assigned to individuals who have
  hand-signed Forms 471 and 486 that have been data
  entered at SLD

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Book Report on USF Year 5

• Forms to have E-cert capability
• 470 - Services Requested
• 471 - Services Ordered
• 486 - Services Confirmed
• 500 - Service Change
• 472 (BEAR) - Applicant Invoice
• Refer to SLDs E-certification Update
  presentation on MIN and Merit web sites

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Book Report on USF Year 5

• FCC Deadline Extensions
• Deadline for delivery and installation of
  non-recurring services is the Sept. 30 that
  follows the June 30 close of the relevant funding
  year
• If certain decisions (e.g., FCDL SP change
  approved) are issued after March 1, non-recurring
  services may be delivered through Sept. 30 of the
  following calendar year

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Whats New with CIPA?

• CIPA Filing Requirements
• for USF Year 4

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CIPA Costume

• Question
• What were you for Halloween this year?
• Answer
• A completed, signed Form 486 inside an envelope
  with a postmark date of October 28, 2001

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CIPA Compliance Certification

• Should have been made via Form 486 with a
  postmark date on or before October 28, 2001
• If you didnt meet this postmark date when you
  should have, then your new eligibility start
  date for E-rate discounts will be the postmark
  date of your Form 486
• Unless...

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CIPA Compliance Certification

• You did not receive an FCDL and/or your services
  did not start on or before October 28th
• In which case, you must file a Form 486 within
  120 days following the date of your FCDL, or the
  start of services, whichever is later

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CIPA Compliance Certification

• 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

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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

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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

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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

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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

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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

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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

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Form 479

• Due date
• Should have been in the hands of the Billed
  Entity prior to October 28, 2001 so that the
  Billed Entity could certify on a Form 486 that
  all Forms 479 had been collected
• Time has run out if your Billed Entity has
  already received an FCDL and/or your services
  have started

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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

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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)

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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

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Form 486

• e) the only services that have been approved for
  discounts are telecommunications services, and
  therefore the requirements of CIPA do not apply.

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Form 486

• 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

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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.

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Form 486

• Beware Block 2a, Item 6A
• Applicants who filed a Form 486 early for PY4 for
  services that had already begun (e.g., as of July
  1, 2001) should NOT have checked Item 6A in Block
  2a
• Instructions on the actual Form 486 are WRONG!
• Instructions in the Instructions for Completing
  Form 486 document are correct!

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Form 486

• Block 2a, Item 6A was meant for those early
  filers whose services had not yet started, but
  would start before October 28, 2001
• If you were an early filer submitting Form 486
  after services had already started, you should
  NOT have checked Block 2a, Item 6A

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Form 486

• If you did when you shouldnt have, the SLD
  should catch the error upon data entry

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Forms 479/486 Filing Deadline Has Passed for Many
Applicants

• Technically, your Form 486 should have been
  postmarked 5 days ago to meet the October 28,
  2001 deadline!
• That is, if youve already received an FCDL
  and/or your services for Year 4 started on or
  before October 28th

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Spice

• Cinnamon
• Nutmeg
• Marjoram
• Vanilla
• Pumpkin Spice
• Spice Girls

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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)

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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
• Should comport with the states Open Meetings law
  (MCL 15.261 - March 31, 1977)

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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

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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.

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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.

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Internet Safety Policy

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

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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

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Whats New with PA 212?

• A Look at Complying with Both
• PA 212 and CIPA

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PA 212

• In Michigan, you must comply with PA 212 whether
  or not you apply for E-rate funds

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PA 212

• Sexually explicit matter defined by Act 33 of
  1978 (MCL 722.673) as
• sexually explicit visual material, sexually
  explicit verbal material, or sexually explicit
  performance
• Verbal material means a book, pamphlet, magazine,
  printed matter reproduced in any manner (i.e.,
  text), or sound recording

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PA 212

• Amended section 6 of MCL 397.606 as added by PA
  37
• Requires the governing body of a library that
  offers use of the Internet or a computer system
  to the public to
• Adopt and require enforcement of a policy that
  restricts access to minors by providing use of
  the Internet or computer system in 1 of the
  following ways

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PA 212

• (a) Both of the following
• (i) By making available, to individuals of any
  age, 1 or more terminals that are restricted from
  receiving obscene matter or sexually explicit
  matter that is harmful to minors AND
• (ii) By reserving, to individuals 18 years of age
  or older or minors who are accompanied by their
  parent or guardian, 1 or more terminals that are
  NOT restricted from receiving any such material.

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PA 212

• OR
• (b) By utilizing a system or method that is
  designed to prevent a minor from viewing obscene
  matter or sexually explicit matter that is
  harmful to minors.
• Possibilities
• Internet filtering
• Monitoring

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PA 212

• PA 212 (section 6) does NOT apply to a library
  established by a community college district, a
  college or university, or a private library open
  to the public

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PA 212

• So that leaves libraries established by the
  state a county, city, township, village, school
  district, or other local unit of government or
  authority or combination of local units of
  governments and authorities - that offer use of
  the Internet or a computer system to the public.

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CIPA and PA 212 Compliance

• CIPA is concerned only with visual depictions
  that are obscene, child pornography, or harmful
  to minors
• CIPA is also concerned with protecting minors and
  adults from visual depictions that are obscene or
  child pornography

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CIPA and PA 212 Compliance

• With PA 212, the focus is on minors only, not
  adults
• PA 212 covers verbal and performance material,
  whereas CIPA is concerned only with visual
  depictions that are obscene or child pornography

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CIPA and PA 212 Compliance

• To even attempt to comply with both of these
  pieces of legislation, a school or library in
  Michigan must start by
• 1) adopting and implementing an Internet Safety
  Policy (including public hearing with reasonable
  public notice), AND
  

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CIPA and PA 212 Compliance

• 2) implementing an Internet filtering system
  designed to protect a minor from viewing
  OSEMHARTOM, child pornography, and other
  material deemed locally to be inappropriate for
  minors (visual, verbal, and performance),

Obscene, Sexually Explicit Material HARmful TO
Minors
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CIPA and PA 212 Compliance

• A few notes to remember on that last point
• i) CIPA also requires that adults be protected
• from viewing visual depictions that are obscene
  or child pornography
• ii) CIPA does not require that verbal or
  performance material be blocked from minors or
  adults
• iii) CIPA does not require restricting adults
  from viewing or accessing visual depictions that
  are harmful to minors
• iv) CIPA does require that minors not view or
  access visual depictions that may be harmful to
  them.

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CIPA and PA 212 Compliance

• AND
• 3) implementing other safety measures for minors
  with regards to E-mail, Chat rooms, Other e-coms,
  Hacking, and Unauthorized disclosure of personal
  ID info on minors, AND

The N-CIPA piece
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CIPA and PA 212 Compliance

• 4) if you are a school or school library,
  monitoring the online activities of minors.

Note A minor under CIPA is less than 17 years of
age, while a minor under PA 212 is less than 18
years of age. In Michigan, libraries would need
to filter the Internet for all individuals under
the age of 18.
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CIPA and PA 212 Compliance

• Opinions vary as to whether a library can comply
  with both of these pieces of legislation
• Some think its possible
• Some think its impossible

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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

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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

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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)

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Resource Sites

• Refer to the following web sites for additional
  information on CIPA
• http//www.merit.edu/usf/CIPAPA212Comparison.html
• http//www.michiganlegislature.org/law/GetObject.a
  sp?objName397-606queryid1818770
• http//www.ala.org/cipa
• http//www.aclu.org/issues/cyber/trial/
  appeal.html
• http//www.dpi.state.wi.us/dlcl/pld/cipafaq.html
• http//www.merit.edu/usf/CIPADocs.html

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Questions?

• Laurie Taylor
• Michigan Information Network (MIN)
• 517.241.1642
• taylorL4_at_michigan.gov