[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Proposed Rules]
[Pages 2836-2843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30323]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[CC Docket No. 02-6; FCC 09-96]
Schools and Libraries Universal Service Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, we propose revising the Federal
Communications Commission's (Commission) rules regarding the schools
and libraries universal service support mechanism, also known as the E-
rate program, to comply with the requirements of the Protecting
Children in the 21st Century Act. Among other things, the Protecting
Children in the 21st Century Act, titled Promoting Online Safety in
Schools, revised the Communications Act of 1934, as amended (the Act),
by adding a new certification requirement for elementary and secondary
schools that have computers with Internet access and receive discounts
under the E-rate program. We also propose to revise related Commission
rules to reflect existing statutory language more accurately.
DATES: Comments on the proposed rules are due on or before February 18,
2010 and reply comments are due on or before March 5, 2010. Written
comments on the Paperwork Reduction Act proposed information collection
requirements should be submitted on or before March 22, 2010. If you
anticipate that you will be submitting comments, but find it difficult
to do so within the period of time allowed by this notice, you should
advise the contact listed below as soon as possible.
ADDRESSES: You may submit comments, identified by CC Docket No. 02-6,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected] or phone: (202)
418-0530 or TTY: (202) 418-0432.
In addition to filing comments with the Secretary, a copy
of any comments on the Paperwork Reduction Act information collection
requirements
[[Page 2837]]
contained herein should be submitted to the Federal Communications
Commission via e-mail to [email protected] and to Nicholas A. Fraser, Office
of Management and Budget, via e-mail to [email protected] or via fax at 202-395-5167.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Anita Cheng, Wireline Competition
Bureau, Telecommunications Access Policy Division, (202) 418-7400 or
TTY: (202) 418-0484. For additional information concerning the
Paperwork Reduction Act information collection requirements contained
in this document, send an e-mail to [email protected] or contact Judith B.
Herman at 202-418-0214 or via email at [email protected].
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rulemaking in CC Docket No. 02-6, FCC 09-96, adopted
November 4, 2009, and released November 5, 2009. The complete text of
this document is available for inspection and copying during normal
business hours in the FCC Reference Information Center, Portals II, 445
12th Street, SW., Room CY-A257, Washington, DC 20554. The document may
also be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone (800) 378-3160 or (202) 863- 2893,
facsimile (202) 863-2898, or via the Internet at http://www.bcpiweb.com. It is also available on the Commission's Web site at
http://www.fcc.gov. Pursuant to sections 1.415 and 1.419 of the
Commission's rules, 47 CFR 1.415, 1.419, interested parties may file
comments and reply comments on or before the dates indicated on the
first page of this document. Comments may be filed using: (1) The
Commission's Electronic Comment Filing System (ECFS), (2) the Federal
Government's eRulemaking Portal, or (3) by filing paper copies. See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number. Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
Effective December 28, 2009, all hand-delivered or
messenger-delivered paper filings for the Commission's Secretary must
be delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325,
Washington, DC 20554. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes must be disposed of before
entering the building. Please Note: Through December 24, 2009, the
Commission's contractor will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. This filing
location will be permanently closed after December 24, 2009. The filing
hours at both locations are 8 a.m. to 7 p.m.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street, SW., Washington DC 20554.
In addition, one copy of each comment or reply comment
must be sent to Charles Tyler, Telecommunications Access Policy
Division, Wireline Competition Bureau, 445 12th Street, SW., Room 5-
A452, Washington, DC 20554; e-mail: [email protected].
People with Disabilities: To request materials in accessible formats
for people with disabilities (braille, large print, electronic files,
audio format), send an e-mail to [email protected] or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(tty).
Initial Paperwork Reduction Act of 1995 Analysis:
This document contains proposed information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. Public and agency comments
are due March 22, 2010.
Comments on the proposed information collection requirements should
address: (a) Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment
on how we might further reduce the information collection burden for
small business concerns with fewer than 25 employees.
OMB Control Number: 3060-0853.
Title: FCC Form 479, Certification by Administrative Authority to
Billed Entity of Compliance with Children's Internet Protection Act;
FCC Form 486, Receipt of Service Confirmation Form, FCC Form 500,
Funding Commitment (FRN) Change Request Form.
Form Number(s): FCC Forms 479, 486, 500.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit and not-for-profit
institutions.
Number of Respondents and Responses: 75,000 respondents and 75,000
responses.
Estimated Time per Response: 1.07 hours (average time per
response).
Obligation to Respond: Required to obtain or retain benefits.
Frequency of Response: Annual, on occasion, and third party
disclosure requirement.
Total Annual Burden: 70,000 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: No impact.
Nature of Extent of Confidentiality: The Commission is not
requesting that the respondents submit confidential information to the
FCC. Respondents may, however, request confidential treatment for
information they believe to be confidential under 47 CFR 0.459 of the
Commission's rules.
Needs and Uses: The existing information collection requires
schools and libraries to certify that they have in place certain
Internet safety policies, pursuant to the Children's Internet
Protection Act (CIPA), 47 U.S.C. 254(h) and (l), in order to receive E-
rate
[[Page 2838]]
discounts for Internet access. This information collection is being
revised to add a new certification that the E-rate applicant has
updated its Internet safety policy to include plans for educating
minors about appropriate online behavior, including interacting with
other individuals on social networking websites and in chat rooms and
cyberbullying awareness and response, as required by the Protecting
Children in the 21st Century Act. This revision will not require any
changes to the FCC Forms 479 or 486, which enable E-rate participants
to certify that they are compliant with CIPA. This revision has no
effect on the FCC Form 500, which is also part of this information
collection. In addition, this information collection is being revised
to add a rule provision requiring each Internet safety policy that is
adopted pursuant to section 254(l) of the Act, as amended, to be made
available to the Commission upon request by the Commission. Although
this requirement is mandated by the statute, it is not currently in the
Commission's rules.
Synopsis of the Notice of Proposed Rulemaking
I. Introduction
1. In this notice of proposed rulemaking (NPRM), we propose
revising the Federal Communications Commission's (Commission) rules
regarding the schools and libraries universal service support
mechanism, also known as the E-rate program, to comply with the
requirements of the Protecting Children in the 21st Century Act. Among
other things, section 215 of the Protecting Children in the 21st
Century Act, titled Promoting Online Safety in Schools, revised section
254(h)(5)(B) of the Communications Act of 1934, as amended (the Act),
by adding a new certification requirement for elementary and secondary
schools that have computers with Internet access and receive discounts
under the E-rate program. We also propose to revise related Commission
rules to reflect existing statutory language more accurately.
II. Background
2. Under the E-rate program, eligible schools, libraries, and
consortia that include eligible schools and libraries may apply for
discounted eligible telecommunications, Internet access, and internal
connections services. In accordance with the Children's Internet
Protection Act (CIPA), to be eligible for E-rate discounts for Internet
access and internal connection services, schools and libraries that
have computers with Internet access must certify that they have in
place certain Internet safety policies and technology protection
measures. As required by CIPA, Sec. 54.520(c)(i) of the Commission's
rules requires that the Internet safety policy must include a
technology protection measure that protects against Internet access by
both adults and minors to visual depictions that are (1) obscene, or
(2) child pornography, or, with respect to use of the computers by
minors, (3) harmful to minors. In addition, Sec. 54.520(c)(i) requires
the entity to certify that its policy of Internet safety includes
monitoring the online activities of minors. Applicants make their CIPA
certifications annually on the Confirmation of Receipt of Services Form
(FCC Form 486).
3. Among other things, the Protecting Children in the 21st Century
Act revised section 254(h)(5)(B) of the Act by adding a new
certification for elementary and secondary schools that have computers
with Internet access and receive discounts under the E-rate program. In
addition to the existing CIPA certifications required of schools in
section 254(h)(5) of the Act, the Protecting Children in the 21st
Century Act requires the school, school board, local educational
agency, or other authority with responsibility for administration of
the school to certify that it ``as part of its Internet safety policy
is educating minors about appropriate online behavior, including
interacting with other individuals on social networking Web sites and
in chat rooms and cyberbullying awareness and response.''
III. Discussion
A. Protecting Children in the 21st Century Act Rule Revisions
4. We seek comment on revising Sec. 54.520(c)(i) of the
Commission's rules to include the new certification requirement added
by the Protecting Children in the 21st Century Act. We propose to
revise Sec. 54.520(c)(i) to add a certification provision that a
school's Internet safety policy must include educating minors about
appropriate online behavior, including interacting with other
individuals on social networking websites and in chat rooms and
cyberbullying awareness and response. We seek comment on this proposal.
5. In addition, we tentatively conclude that a recipient of E-rate
funding for Internet access and internal connections should be required
to certify, on its FCC Form 486 for funding year 2010, that it has
updated its Internet safety policy to include plans for educating
minors about appropriate online behavior, including interacting with
other individuals on social networking websites and in chat rooms and
cyberbullying awareness and response, as required by the Protecting
Children in the 21st Century Act. We note that the next opportunity for
applicants to certify to the CIPA requirements, including this new
certification, would be on the FCC Form 486 for funding year 2009,
which would typically be filed after the start of the 2009 funding year
(i.e., after July 1, 2009). Schools may, however, require additional
time to amend their Internet safety policies and implement procedures
to comply with the new requirements after the completion of this
rulemaking proceeding. In addition, we note that Congress did not set a
timeframe for implementation of the new certification. We seek comment
on this tentative conclusion.
B. Other Proposed Rule Revisions
6. We also seek comment on revising certain rules to reflect more
accurately existing statutory language regarding the CIPA
certifications.
7. First, we propose to revise the rules so that the definitions of
elementary and secondary schools are consistent throughout. At this
time, rule Sec. Sec. 54.500, 54.501, and 54.504 all contain
differently worded definitions of elementary and secondary schools. We
propose to define elementary and secondary schools in Sec. 54.500 of
the rules, and to revise Sec. Sec. 54.501 and 54.504 to refer to Sec.
54.500 definitions. We seek comment on this proposal.
8. Second, we propose to revise Sec. 54.520(a)(1) to add ``school
board'' to the definition of entities that are subject to CIPA
certifications. Although section 254(h) of the Act includes the term
``school board'' as an entity to which the CIPA certifications apply,
our rules do not include this term. We seek comment on this proposal.
9. Third, we propose to revise Sec. 54.520(a)(4) to add the
existing statutory definitions of the terms ``minor,'' ``obscene,''
``child pornography,'' ``harmful to minors,'' ``sexual act,'' ``sexual
contact,'' and ``technology protection measure,'' consistent with the
statute. Sec. 54.520 of our rules does not currently include the
definitions of these terms, but instead refers back to the statute.
Including the statutory definitions of these terms in the definitions
section of our rules could help clarify the CIPA requirements. We seek
comment on this proposal.
10. Fourth, we propose to revise Sec. Sec. 54.520(c)(1)(i) and
54.520(c)(2)(i)
[[Page 2839]]
consistent with sections 254(h)(5)(D), (h)(6)(D), (h)(5)(B)(ii),
(C)(ii), and (h)(6)(B)(ii), (C)(ii) of the Act to require that the
technology protection measures be in operation during any use of
computers with Internet access, and that the technology protection
measures may be disabled by an authorized person, during adult use, to
enable access for bona fide research or other lawful purpose. The
statute requires that schools and libraries certify that they are
enforcing the operation of the technology protection measures during
the use of computers by minors and adults. This enforcement requirement
is not currently included in the Commission's rules. We seek comment on
this proposal.
11. In addition, sections 254(h)(5)(D) and (h)(6)(D) of the Act
permit a school or library administrator, supervisor, or other person
authorized by the certifying authority to disable an entity's
technology protection measure to allow bona fide research or other
lawful use by an adult. We note that in the CIPA Order, although the
Commission acknowledged this statutory provision, it declined to adopt
any implementing rule provision, stating that
[w]e decline to promulgate rules mandating how entities should
implement these provisions. Federally-imposed rules directing school
and library staff when to disable technology protection measures
would likely be overbroad and imprecise, potentially chilling
speech, or otherwise confusing schools and libraries about the
requirements of the statute. We leave such determinations to local
communities, whom we believe to be most knowledgeable about the
varying circumstances of schools or libraries within those
communities.
The Commission stated that its decision was supported by commenter
concerns about the difficulty of school or library staff in determining
whether an adult user was engaging only in bona fide research or other
lawful purposes.
12. We propose to revise the rules to codify this permission that a
school or library administrator, supervisor, or other person authorized
by the certifying authority may disable an entity's technology
protection measure, during use by an adult, to allow bona fide research
or other lawful use. We do not propose to adopt rules that mandate
specific implementation methods, but merely mirror the statutory
language. This will make clear that the statutory provision exists
without imposing undue burdens on the entities to which it applies. We
seek comment on whether it is sufficient to adopt this rule without
specifying federal guidelines for determination of what constitutes
bona fide research or other lawful use. We seek comment on whether this
statutory provision imposes an undue burden on E-rate beneficiaries,
particularly on small entities, and if so, we seek comment on the least
burdensome method of implementing this provision. For example, we note
that the CIPA Order discussed leaving these determinations to local
communities because they would be most knowledgeable about the varying
circumstances of schools or libraries within those communities. We
believe that our proposed rules are consistent with that position. We
also seek comment on any other methods of implementing this statutory
provision.
13. Fifth, we propose to revise Sec. Sec. 54.520(c)(1)(iii)(B),
(2)(iii)(B), and (3)(i)(B) to clarify that it is only in the first year
of participation in the E-rate program that an entity may certify that
it will complete all CIPA requirements by the next funding year and
still receive funding for that year, as adopted in the CIPA Order. The
text of the existing rules contains an option for an entity to certify
that it will come into compliance with the CIPA requirements by the
next funding year, but does not specify that this certification option
is only applicable to entities that are applying for E-rate discounts
for the first time. We seek comment on this proposal.
14. Sixth, we propose to add a rule provision to require local
determination of what matter is inappropriate for minors. Among other
things, the statute states that a determination regarding what matter
is inappropriate for minors shall be made by the school board, local
educational agency, library or other authority responsible for making
the determination. Although this is mandated by the statute, it is not
currently in the Commission's rules. We seek comment on this proposal.
We also seek comment on whether this requirement will be burdensome,
particularly for small entities. If so, we seek comment on how to
reduce this statutorily mandated burden.
15. Seventh, we propose to add a rule provision requiring each
Internet safety policy that is adopted pursuant to section 254(l) of
the Act to be made available to the Commission upon request by the
Commission. Although this requirement is mandated by the statute, it is
not currently in the Commission's rules. We seek comment on this
proposal. We also seek comment on the manner in which the Internet
safety policy should be made available to the Commission and on the
timing of such response. We also seek comment on the burdens that this
requirement may impose on respondents, particularly on small entities,
and on how the burdens may be reduced.
16. Finally, we propose to add a rule provision requiring public
notice and hearing to address any proposed Internet safety policy
adopted pursuant to CIPA. Although this is mandated by the statute and
was discussed in the CIPA Order, there is no provision addressing this
issue in the existing rules. As discussed in the CIPA Order, this
public notice and hearing requirement only applies to entities that
have not already provided such notice and hearing relating to an
Internet safety policy and technology protection measure. We seek
comment on this proposal.
Procedural Matters
Initial Regulatory Flexibility Act Certification
17. The Regulatory Flexibility Act (RFA), see 5 U.S.C. 603,
requires that an agency prepare a regulatory flexibility analysis for
notice-and-comment rulemaking proceedings, unless the agency certifies
that ``the rule will not, if promulgated, have a significant economic
impact on a substantial number of small entities.'' See 5 U.S.C.
605(b). The RFA generally defines ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' 5 U.S.C. 601(6). In addition, the
term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. 5 U.S.C. 601(3). A
``small business concern'' is one which: (1) Is independently owned and
operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). 15 U.S.C. 632.
18. As required by the Regulatory Flexibility Act (RFA), the
Commission has prepared this Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities by
the policies and rules proposed in the notice of proposed rulemaking
(NPRM). Written public comments are requested on this IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for comments on the NPRM. The Commission will send a copy of
this NPRM, including this IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration (SBA). In addition, the NPRM (or
summary thereof) will be published in the Federal Register.
[[Page 2840]]
1. Need for, and Objectives of, the Proposed Rules
19. In the NPRM, we seek comment on revising the Commission's rules
to add a new certification for elementary and secondary schools that
have computers with Internet access and receive discounts under the E-
rate program, pursuant to the mandate of the Protecting Children in the
21st Century Act. Such action is necessary to comply with the
Protecting Children in the 21st Century Act.
2. Legal Basis
20. The legal basis for the NPRM is contained in sections 1, 4(i),
201 through 205, 214, 254, and 403 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), 201-205, 214, 254, and 403, and
Sec. 1.411 of the Commission's rules, 47 CFR 1.411.
3. Description and Estimate of the Number of Small Entities to Which
Rules May Apply
21. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the SBA.
22. The Commission has determined that the group of small entities
directly affected by the rules herein includes eligible schools and
libraries. Further descriptions of these entities are provided below.
23. Small Businesses. Nationwide, there are a total of
approximately 22.4 million small businesses according to SBA data.
24. Small Organizations. Nationwide, there are approximately 1.6
million small organizations.
25. Small Governmental Jurisdictions. The term ``small governmental
jurisdiction'' is defined generally as ``governments of cities, towns,
townships, villages, school districts, or special districts, with a
population of less than fifty thousand.'' Census Bureau data for 2002
indicate that there were 87,525 local governmental jurisdictions in the
United States. We estimate that, of this total, 84,377 entities were
``small governmental jurisdictions.'' Thus, we estimate that most
governmental jurisdictions are small.
26. As noted, ``small entity'' includes non-profit and small
government entities. Under the schools and libraries universal service
support mechanism, which provides support for elementary and secondary
schools and libraries, an elementary school is generally ``a non-profit
institutional day or residential school that provides elementary
education, as determined under state law.'' A secondary school is
generally defined as ``a non-profit institutional day or residential
school that provides secondary education, as determined under state
law,'' and not offering education beyond grade 12. For-profit schools
and libraries, and schools and libraries with endowments in excess of
$50,000,000, are not eligible to receive discounts under the program,
nor are libraries whose budgets are not completely separate from any
schools. Certain other statutory definitions apply as well. The SBA has
defined for-profit, elementary and secondary schools and libraries
having $6 million or less in annual receipts as small entities. In
funding year 2007 approximately 105,500 schools and 10,950 libraries
received funding under the schools and libraries universal service
mechanism. Although we are unable to estimate with precision the number
of these entities that would qualify as small entities under SBA's size
standard, we estimate that fewer than 105,500 schools and 10,950
libraries might be affected annually by our action, under current
operation of the program.
4. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
27. Schools and libraries that have computers with Internet access
must certify that they have in place certain Internet safety policies
and technology protection measures in order to be eligible for E-rate
discounts for Internet access and internal connection services.
Pursuant to the mandate in the Protecting Children in the 21st Century
Act, the NPRM proposes to revise Sec. 54.520(c)(i) of the Commission's
rules to add a provision that a school's Internet safety policy must
include educating minors about appropriate online behavior, including
interacting with other individuals on social networking websites and in
chat rooms and cyberbullying awareness and response.
28. In addition, this NPRM revises certain rules to more accurately
reflect the provisions of the Act with regard to certifications made
pursuant to the Children's Internet Protection Act (CIPA).
Specifically, the rule revisions that may affect small entities
require: (1) Schools and libraries to enforce the operation of
technology protection measures during use of computers by minors and
adults; (2) schools and libraries to disable technology protection
measures to enable access for bona fide research or other lawful
purpose; (3) local determination of what matter is inappropriate for
minors; (4) schools and libraries to make available to the Commission,
upon request by the Commission, any Internet safety policy that is
adopted pursuant to section 254(l) of the Act; and (5) schools and
libraries to provide public notice and hearing to address any proposed
Internet safety policy that is adopted pursuant to CIPA.
5. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
29. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance and reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or part thereof, for small
entities.
30. With regard to the new certification requirements pursuant to
the Protecting Children in the 21st Century Act, we do not believe that
there will be significant economic impact on small entities. Currently,
schools and libraries file the FCC Form 486 to certify their compliance
with the requirements regarding Internet safety policies and technology
protection measures. Because schools and libraries will continue to use
the same FCC Form 486 to certify their compliance with these
requirements, there will be no additional reporting requirements.
31. With regard to the remaining rule provisions, we believe that
several of the rule revisions will have no economic impact on small
entities because they merely clarify existing definitions and existing
requirements. For example, the revisions regarding the definitions of
elementary and secondary schools did not change the definitions, but
merely clarified that the same definitions were utilized throughout the
[[Page 2841]]
rules, or codified existing statutory definitions.
32. Several other rule revisions will have little economic impact
on small entities because schools and libraries have already
implemented these measures. We acknowledge that the existing rules do
not contain provisions requiring schools and libraries to enforce the
operation of technology protection measures during use of computers by
minors and adults or to provide public notice and hearing to address
any proposed Internet safety policy that is adopted pursuant to CIPA.
However, as a practical matter, current E-rate beneficiaries have
already implemented these requirements, even though these statutory
requirements are not specifically stated in the text of the
Commission's rules. Schools and libraries would have been unable to
make the proper CIPA certifications unless the technology protection
measures have been enforced during computer use by minors and adults.
In addition, the requirement to provide public notice and hearing was
discussed extensively in the CIPA Order even though an implementing
rule was not adopted.
33. The requirement that schools and libraries may disable
technology protection measures to enable access for bona fide research
or other lawful purpose may impose a burden on small entities. As
stated in the NPRM, there are concerns about the difficulty of school
or library staff determining whether an adult user was engaging only in
bona fide research or other lawful purposes. Accordingly, the NPRM
seeks comment on ways to implement this statutory mandate while keeping
the burdens on entities at a minimum. The NPRM also seeks comment on
ways to implement the rule revision requiring local determination of
what matter is inappropriate for minors while minimizing burdens.
Finally the NPRM proposes to require, pursuant to the statute, that
schools and libraries make available to the Commission, upon request by
the Commission, any Internet safety policy that is adopted pursuant to
section 254(l) of the Act. Because this may have an impact on small
economic entities, the NPRM proposes several methods of making the
Internet safety policy available to the Commission, as well as seeking
comment on ways to reduce this burden on respondents.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
34. None.
Ex Parte Presentations
35. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. 47 CFR
1.1200 through 1.1216. Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentations must contain
summaries of the substance of the presentations and not merely a
listing of the subjects discussed. More than a one or two sentence
description of the views and arguments presented is generally required.
47 CFR 1.1206(b)(2). Other requirements pertaining to oral and written
presentations are set forth in Sec. 1.1206(b) of the Commission's
rules. 47 CFR 1.1206(b).
C. Comment Filing Procedures
36. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using: (1) The Commission's Electronic
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking
Portal, or (3) by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
37. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or
the Federal eRulemaking Portal: http://www.regulations.gov.
38. Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
39. Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
40. Effective December 28, 2009, all hand-delivered or messenger-
delivered paper filings for the Commission's Secretary must be
delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325,
Washington, DC 20554. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes must be disposed of before
entering the building. Please Note: Through December 24, 2009, the
Commission's contractor will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. This filing
location will be permanently closed after December 24, 2009. The filing
hours at both locations are 8 a.m. to 7 p.m.
41. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
42. U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street, SW., Washington DC 20554.
43. In addition, one copy of each comment or reply comment must be
sent to Charles Tyler, Telecommunications Access Policy Division,
Wireline Competition Bureau, 445 12th Street, SW., Room 5-A452,
Washington, DC 20554; e-mail: [email protected].
44. People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Ordering Clauses
45. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 4(i), 201-205, 214, 254, and 403 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 201-205,
214, 254, and 403, and Sec. 1.411 of the Commission's rules, 47 CFR
1.411, this notice of proposed rulemaking is adopted.
46. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this notice of proposed rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Part 54
Communications common carriers, Health facilities, Infants and
children, Libraries, Reporting and recordkeeping requirements, Schools,
Telecommunications, Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 54 to read as
follows:
[[Page 2842]]
PART 54--UNIVERSAL SERVICE
1. The authority citation for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 201, 205, 214, and 254 unless
otherwise noted.
2. Amend Sec. 54.500 by revising paragraphs (c) and (k) to read as
follows:
Sec. 54.500 Terms and definitions.
* * * * *
(c) Elementary school. An ``elementary school'' means an elementary
school as defined in 20 U.S.C. 7801(18), a non-profit institutional day
or residential school, including a public elementary charter school,
that provides elementary education, as determined under state law.
* * * * *
(k) Secondary school. A ``secondary school'' means a secondary
school as defined in 20 U.S.C. 7801(38), a non-profit institutional day
or residential school that provides secondary education, as determined
under state law. A secondary school does not offer education beyond
grade 12.
* * * * *
3. Amend Sec. 54.501 by revising paragraph (b)(1) to read as
follows:
Sec. 54.501 Eligibility for services provided by telecommunications
carriers.
* * * * *
(b) Schools. (1) Only schools meeting the statutory definition of
``elementary school'' or ``secondary school'' as defined in Sec.
54.500 paragraphs (c) or (k), and not excluded under paragraphs (b)(2)
or (b)(3) shall be eligible for discounts in telecommunications and
other supported services under this part.
* * * * *
4. Amend Sec. 54.504 by revising paragraph (b)(2)(i) and paragraph
(c)(1)(i) to read as follows:
Sec. 54.504 Requests for services.
* * * * *
(b) * * *
(2) * * *
(i) The schools meet the statutory definition of elementary or
secondary schools in Sec. 54.500 paragraphs (c) or (k) of this
section, do not operate as for-profit businesses, and do not have
endowments exceeding $50 million.
* * * * *
(c) * * *
(1) * * *
(i) The schools meet the statutory definition of elementary or
secondary schools in Sec. 54.500 paragraphs (c) or (k) of this
section, do not operate as for-profit businesses, and do not have
endowments exceeding $50 million.
* * * * *
5. Amend Sec. 54.520 by revising paragraphs (a)(1), (a)(4),
(c)(1)(i), (c)(1)(iii)(B), (c)(2)(i), (c)(2)(iii)(B), (c)(3)(i)(B), and
by adding paragraphs (c)(4), (c)(5), and (h) to read as follows:
Sec. 54.520 Children's Internet Protection Act certifications
required from recipients of discounts under the federal universal
service support mechanism for schools and libraries.
* * * * *
(a) * * *
(1) School. For the purposes of the certification requirements of
this rule, school means school, school board, school district, local
education agency or other authority responsible for administration of a
school.
* * * * *
(4) Statutory definitions.
(i) The term ``minor'' means any individual who has not attained
the age of 17 years.
(ii) The term ``obscene'' has the meaning given such term in 18
U.S.C. 1460.
(iii) The term ``child pornography'' has the meaning given such
term in 18 U.S.C. 2256.
(iv) The term ``harmful to minors'' means any picture, image,
graphic image file, or other visual depiction that--
(A) Taken as a whole and with respect to minors, appeals to a
prurient interest in nudity, sex, or excretion;
(B) Depicts, describes, or represents, in a patently offensive way
with respect to what is suitable for minors, an actual or simulated
sexual act or sexual contact, actual or simulated normal or perverted
sexual acts, or a lewd exhibition of the genitals; and
(C) Taken as a whole, lacks serious literary, artistic, political,
or scientific value as to minors.
(v) The terms ``sexual act'' and ``sexual contact'' have the
meanings given such terms in 18 U.S.C. 2246.
(vi) The term ``technology protection measure'' means a specific
technology that blocks or filters Internet access to the material
covered by a certification under paragraph (c)(1)(i) of this section.
* * * * *
(c) * * *
(1) * * *
(i) The Internet safety policy adopted and enforced pursuant to 47
U.S.C. 254(h) must include a technology protection measure that
protects against Internet access by both adults and minors to visual
depictions that are obscene, child pornography, or, with respect to use
of the computers by minors, harmful to minors. The technology
protection measure must be enforced during use of computers with
Internet access, although an administrator, supervisor, or other person
authorized by the certifying authority under paragraph (c)(1) of this
section may disable the technology protection measure concerned, during
use by an adult, to enable access for bona fide research or other
lawful purpose. This Internet safety policy must also include
monitoring the online activities of minors and must educate minors
about appropriate online behavior, including interacting with other
individuals on social networking websites and in chat rooms and
cyberbullying awareness and response.
* * * * *
(iii) * * *
(B) Pursuant to the Children's Internet Protection Act, as codified
at 47 U.S.C. 254(h) and (l), the recipient(s) of service represented in
the Funding Request Number(s) on this Form 486, for whom this is the
first year of participation in the federal universal service support
mechanism for schools and libraries, is (are) undertaking such actions,
including any necessary procurement procedures, to comply with the
requirements of CIPA for the next funding year, but has (have) not
completed all requirements of CIPA for this funding year.
* * * * *
(2) * * *
(i) The Internet safety policy adopted and enforced pursuant to 47
U.S.C. 254(h) must include a technology protection measure that
protects against Internet access by both adults and minors to visual
depictions that are obscene, child pornography, or, with respect to use
of the computers by minors, harmful to minors. The technology
protection measure must be enforced during use of computers with
Internet access, although an administrator, supervisor, or other person
authorized by the certifying authority under paragraph (c)(1) of this
section may disable the technology protection measure concerned, during
use by an adult, to enable access for bona fide research or other
lawful purpose.
* * * * *
(iii) * * *
(B) Pursuant to the Children's Internet Protection Act, as codified
at 47 U.S.C. 254(h) and (l), the recipient(s) of service represented in
the Funding Request Number(s) on this Form 486, for whom this is the
first year of participation in the federal universal service support
mechanism for schools and libraries, is (are) undertaking such actions,
including any necessary procurement procedures, to comply with the
[[Page 2843]]
requirements of CIPA for the next funding year, but has (have) not
completed all requirements of CIPA for this funding year.
* * * * *
(3) * * *
(i) * * *
(B) Pursuant to the Children's Internet Protection Act, as codified
at 47 U.S.C. 254(h) and (l), the recipient(s) of service under my
administrative authority and represented in the Funding Request
Number(s) for which you have requested or received Funding Commitments,
and for whom this is the first year of participation in the federal
universal service support mechanism for schools and libraries, is (are)
undertaking such actions, including any necessary procurement
procedures, to comply with the requirements of CIPA for the next
funding year, but has (have) not completed all requirements of CIPA for
this funding year.
* * * * *
(4) Local determination of content. A determination regarding what
matter is inappropriate for minors shall be made by the school board,
local educational agency, library, or other authority responsible for
making the determination. No agency or instrumentality of the United
States Government may establish criteria for making such determination;
review the determination made by the certifying school, school board,
local educational agency, library, or other authority; or consider the
criteria employed by the certifying school, school board, local
educational agency, library, or other authority in the administration
of the schools and libraries universal service support mechanism.
(5) Availability for review. Each Internet safety policy adopted
pursuant to 47 U.S.C. 254(l) shall be made available to the Commission,
upon request for the Commission, by the school, school board, local
educational agency, library, or other authority responsible for
adopting such Internet safety policy for purposes of the review of such
Internet safety policy by the Commission.
* * * * *
(h) Public notice; hearing. A school or library shall provide
reasonable public notice and hold at least one public hearing or
meeting to address the proposed Internet safety policy.
[FR Doc. E9-30323 Filed 1-15-10; 8:45 am]
BILLING CODE 6712-01-P