Federal Register / Vol. 68, No. 153 / Friday, August 8, 2003 / Rules and Regulations 47253

of the United States. EPA will submit a FEDERAL COMMUNICATIONS and libraries’ universal service support report containing this rule and other COMMISSION mechanism (e-rate). required information to the U.S. Senate, 2. Libraries subject to CIPA’s filtering the U.S. House of Representatives, and 47 CFR Part 54 requirements that are not currently in compliance with the CIPA filtering the Comptroller General of the United [CC Docket No. 96–45; FCC 03–188] States prior to publication of this final requirements must undertake efforts in rule in the Federal Register. This final Federal-State Joint Board on Universal Funding Year 2003 to comply by rule is not a ‘‘major rule’’ as defined by Service: Children’s Internet Protection Funding Year 2004 in order to receive e-rate funds. Libraries must be in 5 U.S.C. 804(2). Act compliance with the CIPA requirements AGENCY: Federal Communications by Funding Year 2004, except to the List of Subjects in 40 CFR Part 180 Commission. extent such libraries are eligible for and Environmental protection, ACTION: Final rule. receive a waiver of the CIPA Administrative practice and procedure, requirements pursuant to section Agricultural commodities, Pesticides SUMMARY: In this document, the 254(h)(6)(E)(ii)(III). We direct the and pests, Reporting and recordkeeping Commission adopts measures to ensure Administrator in consultation with the that its implementation of the requirements. Wireline Competition Bureau (Bureau) Children’s Internet Protection Act to implement the necessary procedural Dated: July 31,2003. (CIPA) complies with the recent changes, including changes to the decision of the United States Supreme James Jones, current CIPA-related certifications Court. CIPA requires schools and required of applicants. We take these Director, Office of Pesticide Programs. libraries with ‘‘computer Internet steps to respond promptly to the ■ Therefore, 40 CFR chapter I is access’’ to certify that they have Internet Supreme Court’s decision and to ensure amended as follows: safety policies and technology that the schools’ and libraries’ universal protection measures, e.g., software service support mechanism continues to PART 180—[AMENDED] filtering technology, to receive operate in accordance with federal law. discounts for Internet access and II. Discussion ■ 1. The authority citation for part 180 internal connections under the schools continues to read as follows: and libraries universal service support 3. Consistent with the Supreme Court mechanism (e-rate). decision, as of the effective date of this Authority: 21 U.S.C. 321(q), 346(a) and Order, we lift the suspension of DATES: The rule and the revised FCC 371. enforcement of those § of 54.520 of our Forms 479 and 486 in this document rules which implemented the section ■ 2. Section 180.590 is added to subpart contain collection requirements that 254(h)(6) requirement that libraries have C to read as follows: have not been approved by OMB. Upon Internet filtering technology to receive OMB approval, the Commission will § 180.590 2,6-Diisopropylnaphthalene (2,6- discounts for Internet access and publish a document in the Federal DIPN); tolerances for residues. internal connections under e-rate. Register announcing the effective date Specifically, we lift the suspension of (a) General. Tolerances are of the rule and the revised FCC Forms enforcement of §§ 54.520(c)(2)(i) and 479 and 486. established for residues of 2,6- (iii), 54.520(c)(3), 54.520(d), and Diisopropylnaphthalene (2,6-DIPN) in FOR FURTHER INFORMATION CONTACT: 54.520(g)(1) of our rules as applied to or on the following commodities: Jennifer Schneider, Attorney, Wireline libraries. In addition, we modify Competition Bureau, § 54.520(f) and (g) to conform with the Expiration/ Telecommunications Access Policy Commodity Parts per revocation revised timeline for the implementation million date Division, (202) 418–7400. of section 254(h)(6) of the Act. SUPPLEMENTARY INFORMATION: This is a 4. Consistent with the implementation Meat 1.35 5/31/06 summary of the Commission’s Order in framework established by Congress, Meat byproducts 1.35 5/31/06 CC Docket No. 96–45 released on July libraries receiving e-rate discounts for Milk 0.7 5/31/06 24, 2003. The full text of this document Internet access or internal connections Potatoes (peel) 3 5/31/06 is available for public inspection during shall have one year from July 1, 2003, Potatoes (whole) 0.5 5/31/06 regular business hours in the FCC which is the start of Funding Year 2003, Reference Center, Room CY–A257, 445 to come into compliance with the (b) Section 18 emergency exemptions. Twelfth Street, SW., Washington, DC filtering requirements of CIPA. When [Reserved] 20554. Congress enacted CIPA in 2001, it recognized that it may take libraries a (c) Tolerances with regional I. Introduction significant amount of time to procure registrations. [Reserved] 1. In this Order, we adopt measures to and install the Internet filtering (d) Indirect or inadvertent residues. ensure that our implementation of the technology required to comply with [Reserved] Children’s Internet Protection Act CIPA. Accordingly, CIPA allows (CIPA) complies with the recent libraries either to certify (1) that they are § 180.1208 [Removed] decision of the United States Supreme in compliance with CIPA or (2) that they Court. CIPA requires schools and are ‘‘undertaking such actions, ■ 3. Section 180.1208 is removed. libraries with ‘‘computer Internet including any necessary procurement access’’ to certify that they have Internet procedures, to put in place’’ the [FR Doc. 03–20307 Filed 8–7–03; 8:45 am] safety policies and technology required policy measures to comply BILLING CODE 6560–50–S protection measures, e.g., software with CIPA for the next funding year. filtering technology, to receive Given that the Supreme Court decision discounts for Internet access and was issued on June 23, 2003 and will be internal connections under the schools’ effective no sooner than July 18, 2003,

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we believe that it is unrealistic to expect September 2002 version of FCC Form (l), this Order is adopted. The all libraries to be in a position to certify 486 on behalf of library consortium modifications to a collection of compliance with CIPA for Funding Year members must file the revised FCC information contained within this Order 2003, which began July 1, 2003. In order Form 486, unless all members of the are contingent upon approval by the to comply with the statute’s Internet consortium receive e-rate funds only for Office of Management and Budget. filtering requirement, many libraries telecommunications services. In 9. The suspension of enforcement must prepare a budget for the purchase addition, all library consortium implemented in the Interim Order, 67 of software and related costs, design, members must file with their billed FR 50602, August 5, 2002, of procure and/or order software entity, and all billed entities must §§ 54.520(c)(2)(i) and (iii), 54.520(c)(3), appropriate for their systems, install the collect and hold from each consortium 54.520(d), and 54.520(g)(1) of the software and implement a procedure for member the revised FCC Form 479. All Commission’s rules as they apply to all unblocking the filter upon request by an library consortium members that filed libraries and to the extent that they adult. This process, as Congress an FCC Form 479 prior to the effective require any library to filter or certify to recognized, would almost certainly take date of this Order must file a revised such filtering under 47 U.S.C. 254(h)(6), some time to complete. Therefore, we FCC Form 479 with their billed entity is lifted as of the effective date of this conclude that allowing libraries this within 45 days after the effective date of Order, consistent with the terms of this time period to comply with CIPA this Order. In order for such library Order. filtering requirements is consistent with consortium members to receive e-rate 10. Pursuant to the authority Congress’s intent in enacting CIPA and funds for Internet access and internal contained in sections 1–4, 201–205, with the public interest. connections for Funding Year 2003, 218–220, 254, 303(r), and 403 of the 5. During Funding Year 2003, all they must be in compliance with CIPA Communications Act of 1934, as libraries that receive discounts for or undertaking efforts to be in amended, 47 U.S.C. 151–154, 201–205, Internet access or internal connections compliance with CIPA at the time the 318–220, 254, 303(r), 403, section 553 of must certify that they are either revised FCC Form 479 is filed. Library compliant with CIPA or undertaking consortium members that did not file the Administrative Procedure Act, 5 efforts to be in compliance by the time FCC Form 479 prior to the effective date U.S.C. 553, and the Children’s Internet the libraries commence services for of this Order should work with their Protection Act, Public Law 106–554 Funding Year 2004. Libraries that are billed entity to determine when to section 1701 et seq. as codified at 47 not in compliance with CIPA for submit the revised FCC Form 479. In U.S.C. 254(h), the amendments to Funding Year 2003 and will not be addition, billed entities whose consortia §§ 54.520 (f) and (g) of the Commission’s undertaking efforts during Funding Year include both libraries that are in rules are adopted. 2003 to comply with CIPA by Funding compliance with CIPA for Funding Year 11. Authority is delegated to the Chief Year 2004 may not receive e-rate funds 2003 or undertaking efforts to comply of the Wireline Competition Bureau for Internet access or internal for Funding Year 2004 and libraries that pursuant to section 5(c) of the connections for Funding Year 2003. do not intend to comply with CIPA Communications Act of 1934, 47 U.S.C. Such libraries may receive e-rate funds must file FCC Form 500 to adjust their 155(c), to modify any forms that are only for telecommunications services. funding commitments as applicable necessary to implement the decisions All libraries that have not filed an FCC within 30 days after filing the revised adopted in this Order. Form 486 prior to the effective date of FCC Form 486. This FCC Form 500 12. The rule and the revised FCC this Order must file the revised FCC filing requirement is necessary only for Forms 479 and 486 in this document Form 486. All libraries that filed the Funding Year 2003 because of the contain collection requirements that September 2002 version of the FCC timing of the Supreme Court decision. have not been approved by OMB. Upon Form 486 prior to the effective date of 7. CIPA also provides for a waiver of OMB approval, the Commission will this Order and will receive discounts for the certification requirements in the publish a document in the Federal Internet access or internal connections second year after the effective date of Register announcing the effective date for Funding Year 2003 must also refile CIPA if state or local procurement rules of the rule and the revised FCC Forms using the revised FCC Form 486. The or regulations or competitive bidding 479 and 486. deadline for submitting all revised FCC requirements prevent compliance. Form 486s remains the same for all Accordingly, consistent with this List of Subjects 47 CFR Part 54 libraries—the later of 120 days after the provision of CIPA, a library or billed Reporting and recordkeeping Service Start Date or 120 days after the entity that applies for discounts in requirements, Telecommunications, date of the Funding Commitment Funding Year 2003 may submit a waiver Telephone. Decision Letter. Libraries that filed the request for Funding Year 2004 if state or September 2002 version of the FCC local procurement rules or regulations Federal Communications Commission. Form 486 for Funding Year 2003 prior or competitive bidding requirements Marlene H. Dortch, to the effective date of this Order and prevent compliance by the start of Secretary. that receive e-rate funds only for Funding Year 2004. The revised FCC Final Rules telecommunications services are not Forms 486 and 479 attached to this required to file a revised FCC Form 486. Order have been revised to reflect this ■ For the reasons discussed in the The filing of a revised FCC Form 486 for option. preamble, the Federal Communications such libraries is unnecessary because III. Ordering Clauses Commission amends 47 CFR part 54 as they do not need to certify compliance follows: with the CIPA filtering requirements. 8. Pursuant to the authority of 6. These filing requirements also sections 1–5 and 254 of the PART 54—UNIVERSAL SERVICE apply to library consortium leaders. Communications Act of 1934, as Billed entities that are library amended, 47 U.S.C. 151–155, and 254, ■ 1. The authority citation for part 54 consortium leaders should abide by the and the Children’s Internet Protection continues to read as follows: instructions for filing the FCC Form 486. Act, Public Law 106–554 section 1701 et Authority: 47 U.S.C. 1, 4(i), 201, 205, 214 Billed entities that previously filed the seq. as codified at 47 U.S.C. 254(h) and and 254 unless otherwise noted.

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■ 2. Amend § 54.520 by revising the ADDRESSES: Federal Communications Queensbury, New York. A filing second sentence of paragraph (f), revise Commission, 445 12th Street SW., window for Channel 290A at Indian paragraph (g), and remove the note to Washington, DC 20554. Lake will not be opened at this time. § 54.520. The revisions read as follows: FOR FURTHER INFORMATION CONTACT: Instead, the issue of opening this § 54.520 Children’s Internet Protection Act Robert Hayne, Mass Media Bureau (202) allotment for auction will be addressed certifications required from recipients of 418–2177. by the Commission in a subsequent discounts under the Federal universal SUPPLEMENTARY INFORMATION: This is a Order. With this action, this proceeding service support mechanism for schools and synopsis of the Commission’s is terminated. libraries. Memorandum Opinion and Order in DATES: Effective September 8, 2003. * * * * * MM Docket No. 00–18, adopted July 24, (f) * * * The waiver shall be granted 2003, and released July 25, 2003. The FOR FURTHER INFORMATION CONTACT: upon the provision, by the authority full text of this decision is available for Kathleen Scheuerle, Media Bureau, responsible for making the certifications inspection and copying during normal (202) 418–2180. on behalf of schools or libraries, that the business hours in the FCC Reference SUPPLEMENTARY INFORMATION: schools or libraries will be brought into Information Center at Portals II, CY– This is a compliance with the requirements of A257, 445 12th Street, SW., summary of the Commission’s Report this section, for schools, before the start Washington, DC. The complete text of and Order, MB Docket No. 03–105, of the third program year after April 20, this decision may also be purchased adopted July 23, 2003, and released July 2001 in which the school is applying for from the Commission’s copy contractor, 24, 2003. The full text of this funds under this title, and, for libraries, Qualex International, Portals II, 445 Commission decision is available for before the start of Funding Year 2005 or 12th Street, SW., Room CY–B402, inspection and copying during regular the third program year after April 20, Washington, DC 20554, telephone (202) business hours in the FCC’s Reference 2001, whichever is later. 863–2893, facsimile (202) 863–2898, or Information Center, Portals II, 445 12th (g) Funding year certification via e-mail [email protected]. Street, SW., Room CY–A257, deadlines—For Funding Year 2003 and Washington, DC 20554. The complete for subsequent funding years, billed Federal Communications Commission. John A. Karousos, text of this decision may also be entities shall provide one of the purchased from the Commission’s certifications required under paragraph Assistant Chief, Audio Division, Media Bureau. duplicating contractor, Qualex (c)(1), (c)(2) or (c)(3) of this section on International, Portals II, 445 12th Street, an FCC Form 486 in accordance with [FR Doc. 03–20206 Filed 8–7–03; 8:45 am] SW., Room CY–B402, Washington, DC the existing program guidelines BILLING CODE 6712–01–P 20554, telephone 202–863–2893, established by the Administrator. facsimile 202–863–2898, or via e-mail [FR Doc. 03–20205 Filed 8–7–03; 8:45 am] FEDERAL COMMUNICATIONS [email protected]. BILLING CODE 6712–01–P COMMISSION List of Subjects in 47 CFR Part 73 47 CFR Part 73 FEDERAL COMMUNICATIONS Radio, Radio broadcasting. COMMISSION [DA 03–105; MB Docket No. 03–105; RM– 10671] ■ Part 73 of title 47 of the Code of Federal 47 CFR Part 73 Regulations is amended as follows: Radio Broadcasting Services; Glens [DA 03–1936; MM Docket No. 00–18, RM– PART 73—RADIO BROADCAST 9790] Falls, Indian Lake, Malta and Queensbury, NY SERVICES Radio Broadcasting Services; AGENCY: Federal Communications ■ 1. The authority citation for part 73 Barnwell, SC, and Douglas, East Commission. Dublin, Pembroke, Pulaski, Statesboro, continues to read as follows: ACTION: Final rule. Swainsboro, Twin City, and Authority: 47 U.S.C. 154, 303, 334 and 336. Willacooche, GA SUMMARY: This document substitutes § 73.202 [Amended] AGENCY: Federal Communications Channel 289A for Channel 289B1 at Commission. Queensbury, New York, reallots ■ 2. Section 73.202(b), the Table of FM ACTION: Final rule; denial of petition for Channel 289A to Malta, New York, and Allotments under New York, is amended reconsideration. modifies the license for Station WNYQ; by removing Glens Falls, Channel 240A, reallots Channel 240A from Glens Falls, by adding Indian Lake, Channel 290A, by SUMMARY: This document denies a New York, to Queensbury, New York, adding Malta, Channel 289A and by Petition for Reconsideration filed by and modifies the license for Station removing Channel 289B1 and adding Bullie Broadcasting Corporation WCQL; and allots Channel 290A at Channel 240A at Queensbury. directed to the Memorandum Opinion Indian Lake, New York, in response to and Order in this proceeding which a petition filed by Vox New York, LLC Federal Communications Commission. granted, in part, a Petition for and Entertronics, Inc. See 68 FR 28186, John A. Karousos, Reconsideration filed by Multi-Service May 23, 2003. The coordinates for Assistant Chief, Audio Division, Media Corporation to the extent of withholding Channel 289A at Malta are 42–58–58 Bureau. program test authority for a Channel and 73–48–00. The coordinates for [FR Doc. 03–20208 Filed 8–7–03; 8:45 am] 257C1 reallotment to Pembroke, Channel 240A at Queensbury are 43– BILLING CODE 6712–01–P Georgia, until a Channel 256C3 24–12 and 73–40–25. The coordinates allotment at Barnwell, South Carolina, for Channel 290A at Indian Lake are 43– commences operation. See 67 FR 64818, 46–57 and 74–16–20. Canadian October 22, 2002. With this action, the concurrence has been requested for the proceeding is terminated. allotments at Indian Lake, Malta, and

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