[Federal Register Volume 66, Number 21 (Wednesday, January 31, 2001)]
[Proposed Rules]
[Pages 8374-8377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2744]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 66, No. 21 / Wednesday, January 31, 2001 /
Proposed Rules
[[Page 8374]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[CC Docket No. 96-45, FCC 01-31]
Federal-State Joint Board on Universal Service
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rule.
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SUMMARY: In this document, the Commission seeks comment on
implementation of the Children's Internet Protection Act (CHIP Act),
Public Law 106-554. The CHIP Act provides that in order to be eligible
to receive discounted Internet access, Internet services, and internal
connection services, schools and libraries that have computers with
Internet access must have in place certain Internet safety policies.
DATES: Comments are due on or before February 15, 2001. Reply comments
are due on or before February 22. 2001. Written comments by the public
on the proposed and/or modified information collections discussed in
this Further Notice of Proposed Rulemaking are due on or before
February 15, 2001. Written comments must be submitted by the Office of
Management and Budget (OMB) on the proposed and/or modified information
collections on or before April 2, 2001.
ADDRESSES: All filings must be sent to the Commission's Secretary,
Magalie Roman Salas, Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554. In addition to
filing comments with the Secretary, a copy of any comments on the
information collection(s) contained herein should be submitted to Judy
Boley, Federal Communications Commission, Room 1-C804, 445 12th Street,
SW., Washington, DC 20554, or via the Internet to [email protected] and to
Edward C. Springer, OMB Desk Officer, 10236 NEOB, 725 17th Street, NW.,
Washington, DC 20503, or via the Internet to [email protected]. Parties
should also send three paper copies of their filings to Sheryl Todd,
Accounting Policy Division, Common Carrier Bureau, Federal
Communications Commission, 445 Twelfth Street, SW., Room 5-B540,
Washington, DC 20554. Parties who choose to file by paper should also
submit their comments on diskette. These diskettes should be submitted
to Sheryl Todd, Accounting Policy Division, Common Carrier Bureau,
Federal Communications Commission, 445 Twelfth Street, SW., Room 5-
B540, Washington, DC 20554. In addition, commenters must send diskette
copies to the Commission's copy contractor, International Transcription
Services, Inc., 1231 20th Street, NW., Washington, DC 20037.
FOR FURTHER INFORMATION CONTACT: Jonathan Secrest, Attorney, Common
Carrier Bureau, Accounting Policy Division, (202) 418-7400.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FPRM) in CC Docket No. 96-45
released on January 23, 2001. The full text of this document is
available for public inspection during regular business hours in the
FCC Reference Center, Room CY-A257, 445 Twelfth Street, SW.,
Washington, DC 20554.
This NPRM contains proposed information collection(s) subject to
the Paperwork Reduction Act of 1995 (PRA). It has been submitted to the
Office of Management and Budget (OMB) for review under the PRA. OMB,
the general public, and other Federal agencies are invited to comment
on the proposed information collections contained in this proceeding.
Paperwork Reduction Act
The FNPRM contains a proposed information collection. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and OMB to comment on the
information collection(s) contained in this NPRM, as required by the
PRA, Public Law 104-13. Public and agency comments on the proposed and/
or modified information collections discussed in this Notice of
Proposed Rulemaking are due on or before February 15, 2001. Written
comments must be submitted by the Office of Management and Budget (OMB)
on the proposed and/or modified information collections on or before
April 2, 2001. Comments 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.
1. OMB Control Number: 3060-0853.
Title: Receipt of Service Confirmation Form and Adjustment of
Funding Commitment and Modification to Receipt of Service Confirmation
Form--Universal Service for Schools and Libraries.
Form No.: FCC Form 486.
Type of Review: Proposed Revised Collection.
Respondents: Business or other for-profit; Not-for-Profit
Institutions.
No. of Respondents: 30,000.
Est. Time Per Response: 35* hours.
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*First year only. 1.5 hours subsequent years.
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Total Annual Burdern: 1,050,000 hours.
Cost to Respondents: $0.
2. OMB Control Number: 3060-0806.
Title: Universal Service--Schools and Libraries Universal Service
Program.
Form No.: FCC Form 471.
Type of Review: Proposed Revised Collection.
Respondents: Business or other for-profit; Not-for-Profit
Institutions.
No. of Resondents: 60,000.
Est. Time Per Response: 4.5 hours.
Total Annual Burden: 270,000 hours.
Cost to Respondents: $0.
Needs and Uses: In this Further Notice of Proposed Rulemaking, the
Commission is seeking comment on the implementation of the Children's
Internet Protection Act (CHIP Act) that provides that in order to be
eligible under section 254 of the Communications Act of 1934, as
amended, to receive discounted Internet access, Internet services, and
internal connection services, schools and libraries that have computers
with Internet access must have in place certain Internet safety
policies. All schools and libraries receiving Internet
[[Page 8375]]
access and internal connection services supported by the schools and
libraries support mechanism must certify that they are enforcing a
policy of Internet safety and enforcing the operation of a technology
prevention measure. The Commission is also seeking comment on whether
to use a modified FCC Form 486, the Receipt of Service Confirmation
Form (OMB 3060-0853), to serve as the appropriate means of
certification pursuant to the CHIP Act. In future years, the Commission
contemplates using FCC Form 471 for the certification.
Synopsis of FNPRM
I. Introduction
1. On December 21, 2000, the President signed into law the
Children's Internet Protection Act (the CHIP Act), included as part of
the Consolidated Appropriations Act, 2001. Section 1721 and related
sections of the CHIP Act provide that in order to be eligible under
section 254 of the Communications Act of 1934, as amended (the Act), to
receive discounted Internet access, Internet services, and internal
connection services, schools and libraries that have computers with
Internet access must have in place certain Internet safety policies. In
this Further Notice of Proposed Rulemaking (Notice), we seek comment on
implementation of the legislation.
II. Issues for Comment
2. In this Notice, we seek comment generally on implementation of
the CHIP Act as it affects section 254 of the Communications Act of
1934, as amended. We seek comment in particular on the following
issues.
3. We tentatively conclude that the most efficient and effective
way of obtaining the certifications required under the legislation,
while imposing the least burden on recipients, is to modify an existing
FCC Form to include a certification that the recipient is in compliance
with the requirements of the legislation, or that the statute does not
apply. We propose that recipients use one of the following
certifications: ``I certify that the recipient complies with all
relevant provisions of the Children's Internet Protection Act, 42
U.S.C. 254(h).'' Or, ``I certify that the requirements of the
Children's Internet Protection Act, 42 U.S.C. 254(h), do not apply.''
We seek comment on this proposal.
4. We contemplate for funding year 4 that FCC Form 486, the Receipt
of Service Confirmation Form, could serve as the appropriate means of
certification pursuant to the CHIP Act when modified to include the
required certification. In future years, we contemplate adding the
certification to the Form 471. We invite comment on use of these forms
for this purpose.
5. Under the schools and libraries universal service funding
mechanism, applicants often include entire school districts, comprising
numerous schools, or consortia that include eligible schools and
libraries. We therefore seek comment on which entities in these and
other situations may make the certifications required under the CHIP
Act.
6. Although the CHIP Act specifies when eligible entities must make
the certifications under 254(h) for enforcing, for both minors and
adults, a policy of Internet safety that includes operation of a
technology protection measure, the statute does not similarly specify
when eligible entities must certify that they are in compliance with
the separate Internet safety policy described in section 254(l). We
seek comment on whether the timing requirements under section
254(h)(5)(E) and 254(h)(6)(E) also apply to certifications by schools
and libraries regarding the adoption and implementation of an Internet
safety policy as required by section 254(l).
7. Sections 254(h)(5)(F) and 254(h)(6)(F) set forth consequences
for schools or libraries that fail to submit certifications or fail to
comply with the CHIP Act certifications. These sections also set forth
procedures for remedying noncompliance. We seek comment on whether any
rules are necessary to implement these remedial provisions of the
statute, and how these provisions can be implemented in a way that is
administratively efficient and fair to applicants. We invite comment on
how these provisions should be implemented in light of the annual
funding cycle, our rule imposing a cap on the amount of federal
universal service support for schools and libraries, and our rule that
provides priority for applicants that file within a specified filing
period. Finally, we invite commenters to address any additional issues
regarding effective implementation of the CHIP Act by the Commission.
III. Procedural Matters and Ordering Clauses
8. 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 this Notice. 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 Notice
provided. The Commission will send a copy of the Further Notice,
including this IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (SBA). In addition, the Notice and IRFA (or
summaries thereof) will be published in the Federal Register.
1. Need for, and Objectives of, the Proposed Rules
9. The Children's Internet Protection Act, included as part of the
Consolidated Appropriations Act, 2001, Public Law 106-554, requires the
Commission to prescribe regulations in order to implement the
legislation. This Notice seeks to obtain comments about procedures that
may be implemented in accordance with those requirements.
2. Legal Basis
10. The legal basis for this Notice is contained in the Children's
Internet Protection Act, included as part of the Consolidated
Appropriations Act, 2001, Public Law 106-554, and in sections 1 through
4, 201 through 205, 254, 303(r), and 403 of the Communications Act of
1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. 1-4,
201-205, 254, 303(r), and 403, and Sec. 1.411 of the Commission's
rules.
3. Description and Estimate of the Number of Small Entities To Which
Rules Will Apply
11. 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 that: (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). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' Nationwide, as of 1992, there were
approximately 275,801 small organizations. ``Small governmental
jurisdiction'' generally means ``governments of cities, counties,
towns, townships, villages, school districts, or special districts,
with a
[[Page 8376]]
population of less than 50,000.'' As of 1992, there were approximately
85,006 such jurisdictions in the United States. This number includes
38,978 counties, cities, and towns; of these, 37,566, or 96 percent,
have populations of fewer than 50,000. The Census Bureau estimates that
this ratio is approximately accurate for all governmental entities.
Thus, of the 85,006 governmental entities, we estimate that 81,600 (96
percent) are small entities.
12. 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 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 as small entities elementary and secondary schools and
libraries having $5 million or less in annual receipts. In funding year
2 (July 1, 1999 to June 20, 2000) approximately 83,700 schools and
9,000 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 definition, we estimate that fewer than 83,700
schools and 9,000 libraries would be affected annually by the rules
proposed in this Notice, under current operation of the program.
4. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
13. The measures under consideration in this Notice would, if
adopted, result in minimal additional reporting. Specifically, the
Notice proposes to require eligible schools and libraries receiving
federal universal service support for Internet access or internal
connections to make one of the following certifications: ``I certify
that the recipient complies with all relevant provisions of the
Children's Internet Protection Act, 42 U.S.C. 254(h);'' or, ``I certify
that the requirements of the Children's Internet Protection Act, 42
U.S.C. 254(h), do not apply.'' The Commission proposes modifying FCC
Form 486 to include a certification for funding year 4, and modifying
FCC Form 471 to include the certification for future years. These forms
are already completed on a regular basis, and the modification would
merely require the checking of one additional box prior to signing the
form. We estimate that it would take no more than one minute to review
and check the appropriate certification box. The Commission tentatively
concludes that this approach would be the most effective procedure for
implementation of the CHIP Act's requirements, and the least burdensome
to applicants.
5. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
14. 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.
15. This requirement is legislatively mandated, and the Commission
is merely attempting to implement it in most effective and least
burdensome manner possible. Given that a certification is required by
the legislation, we considered the alternative of having each school
and library submit separate documentation, including the appropriate
certification, but such an approach would likely be unnecessarily
burdensome on these entities. As discussed, the Commission tentatively
concludes that adding a certification requirement to an existing FCC
form is the least burdensome alternative for implementing the
requirements of the CHIP Act. The Commission will consider other
options as well, based in part on input from commenters.
6. Federal Rules that may Duplicate, Overlap, or Conflict with the
Proposed Rules
16. None.
Comment Due Dates and Filing Procedures
17. We invite comment on the issues and questions set forth in the
Further Notice of Proposed Rulemaking and Initial Regulatory
Flexibility Analysis contained herein. Pursuant to applicable
procedures set forth in Secs. 1.415 and 1.419 of the Commission's
rules, interested parties may comment on or before February 15, 2001
and reply comment on or before February 22, 2001. Comments may be filed
using the Commission's Electronic Comment Filing System (ECFS) or by
filing paper copies. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24,121, May 1, 1998.
18. Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
Generally, only one copy of an electronic submission must be filed. If
multiple docket or rulemaking numbers appear in the caption of this
proceeding, however, commenters must transmit one electronic copy of
the comments to each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, commenters should
include their full name, Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may also submit
electronic comments by Internet e-mail. To receive filing instructions
for e-mail comments, commenters should send an e-mail to [email protected],
and should include the following words in the body of the message,
``get form (your e-mail address).'' A sample form and directions will
be sent in reply.
19. 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, commenters must
submit two additional copies for each additional docket or rulemaking
number. All filings must be sent to the Commission's Secretary, Magalie
Roman Salas, Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554. Parties also
should send three paper copies of their filing to Sheryl Todd,
Accounting Policy Division, Common Carrier Bureau, Federal
Communications Commission, 445 Twelfth Street, SW., Room 5-B540,
Washington, DC 20554.
20. Parties who choose to file by paper should also submit their
comments on diskette to Sheryl Todd, Accounting Policy Division, Common
Carrier Bureau, Federal Communications Commission, 445 Twelfth Street,
SW., Room 5-B540, Washington, DC 20554. Such a submission should be on
a 3.5 inch diskette formatted in an IBM-compatible format using
Microsoft Word 97 for Windows or a compatible software. The
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diskette should be accompanied by a cover letter and should be
submitted in ``read-only'' mode. The diskette should be clearly labeled
with the commenter's name, proceeding, including the lead docket number
in the proceeding (CC Docket No. 96-45), type of pleading (comment or
reply comment), date of submission, and the name of the electronic file
on the diskette. The label should also include the following phrase
(``Disk Copy Not an Original.'') Each diskette should contain only one
party's pleadings, preferably in a single electronic file. In addition,
commenters must send diskette copies to the Commission's copy
contractor, International Transcription Service, Inc., 1231 20th
Street, NW., Washington, DC 20037.
IV. Ordering Clauses
21. Pursuant to the authority contained in the Children's Internet
Protection Act, included as part of the Consolidated Appropriations
Act, 2001, Public Law 106-554, and in sections 1-4, 201-205, 254,
303(r), and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 151-154, 201-205, 254, 303(r), 403, and Sec. 1.411 of the
Commission's rules, this Further Notice of Proposed Rulemaking is
adopted, as described herein.
22. The Commission's Consumer Information Bureau, Reference
Information Center, shall send a copy of this Further 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
Reporting and recordkeeping requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-2744 Filed 1-30-01; 8:45 am]
BILLING CODE 6712-01-U