« iepriekšējāTurpināt »
the requirements necessary for certification under subparagraphs (B) and (C); and
(bb) for the second program year after the effective date of this subsection in which it is applying for funds under this subsection, shall certify that it is in compliance with subpara
graphs (B) and (C). Any library that is unable to certify compliance with such requirements in such second program year shall be ineligible for services at discount rates or funding in lieu of services at such rates under this subsection for such second year and all subsequent program years under this subsection, until such time as such library comes into compliance with this paragraph.
(III) WAIVERS.—Any library subject to subclause (II) that cannot come into compliance with subparagraphs (B) and (C) in such second year may seek a waiver of subclause (II)(bb) if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by such subclause. A library, library board, or other authority with responsibility for administration of the library shall notify the Commission of the applicability of such subclause to the library. Such notice shall certify that the library in question will be brought into compliance before the start of the third program year after the effective date of this subsection in which the library is applying for
funds under this subsection. (F) NONCOMPLIANCE.
(i) FAILURE TO SUBMIT CERTIFICATION.–Any library that knowingly fails to comply with the application guidelines regarding the annual submission of certification required by this paragraph shall not be eligible for services at discount rates or funding in lieu of services at such rates under this subsection.
(ii) FAILURE TO COMPLY WITH CERTIFICATION.Any library that knowingly fails to ensure the use of its computers in accordance with a certification under subparagraphs (B) and (C) shall reimburse all funds and discounts received under this subsection for the period covered by such certification. (iii) REMEDY OF NONCOMPLIANCE.
(I) FAILURE TO SUBMIT.-A library that has failed to submit a certification under clause (i) may remedy the failure by submitting the certification to which the failure relates. Upon submittal of such certification, the library shall be eligible for services at discount rates under this subsection.
(II) FAILURE TO COMPLY.-A library that has failed to comply with a certification as described in clause (ii) may remedy the failure by ensuring the use of its computers in accordance with such certification. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the library shall be eligible for serv
ices at discount rates under this subsection. (7) DEFINITIONS.-For purposes of this subsection:
(A) ELEMENTARY AND SECONDARY SCHOOLS.—The term "elementary and secondary schools” means elementary schools and secondary schools, as defined in section 9101 of the Elementary and Secondary Education Act of 1965.
(B) HEALTH CARE PROVIDER.—The term “health care provider” means
(i) post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools;
(ii) community health centers or health centers providing health care to migrants;
(iii) local health departments or agencies;
(vii) consortia of health care providers consisting of one or more entities described in clauses (i) through (vi).
(C) PUBLIC INSTITUTIONAL TELECOMMUNICATIONS USER.—The term “public institutional telecommunications user" means an elementary or secondary school, a library, or a health care provider as those terms are defined in this paragraph.
(D) MINOR.—The term “minor” means any individual who has not attained the age of 17 years.
(E) OBSCENE.—The term "obscene” has the meaning given such term in section 1460 of title 18, United States Code.
(F) CHILD PORNOGRAPHY.—The term “child pornography” has the meaning given such term in section 2256 of title 18, United States Code.
(G) HARMFUL TO MINORS.—The term “harmful to minors" means any picture, image, graphic image file, or other visual depiction that
(i) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
(ii) 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
(iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
(H) SEXUAL ACT; SEXUAL CONTACT.—The terms “sexual act" and "sexual contact” have the meanings given such terms in section 2246 of title 18, United States Code.
(I) TECHNOLOGY PROTECTION MEASURE.-The term "technology protection measure” means a specific technology that blocks or filters Internet access to the material covered by a certification under paragraph (5) or (6) to
which such certification relates. (i) CONSUMER PROTECTION.- The Commission and the States should ensure that universal service is available at rates that are just, reasonable, and affordable.
() LIFELINE ASSISTANCE.-Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program provided for by the Commission under regulations set forth in section 69.117 of title 47, Code of Federal Regulations, and other related sections of such title.
(k) SUBSIDY OF COMPETITIVE SERVICES PROHIBITED.-A telecommunications carrier may not use services that are not competitive to subsidize services that are subject to competition. The Commission, with respect to interstate services, and the States, with respect to intrastate services, shall establish any necessary cost allocation rules, accounting safeguards, and guidelines to ensure that services included in the definition of universal service bear no more than a reasonable share of the joint and common costs of facilities used to provide those services.
(1) INTERNET SAFETY POLICY REQUIREMENT FOR SCHOOLS AND LIBRARIES.
(1) IN GENERAL.-In carrying out its responsibilities under subsection (h), each school or library to which subsection (h) applies shall
(A) adopt and implement an Internet safety policy that addresses
(i) access by minors to inappropriate matter on the Internet and World Wide Web:
(ii) the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
(iii) unauthorized access, including so-called "hacking", and other unlawful activities by minors online;
(iv) unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
(v) measures designed to restrict minors' access to materials harmful to minors; and
(B) provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy.
(2) 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
(A) establish criteria for making such determination;
(B) review the determination made by the certifying school, school board, local educational agency, library, or other authority; or
(C) consider the criteria employed by the certifying school, school board, local educational agency, library, or other authority in the administration of subsection (h)(1)(B).
(3) AVAILABILITY FOR REVIEW.—Each Internet safety policy adopted under this subsection shall be made available to the Commission, upon request of 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.
(4) EFFECTIVE DATE.-This subsection shall apply with respect to schools and libraries on or after the date that is 120 days after the date of the enactment of the Children's Internet
Protection Act. SEC. 255. (47 U.S.C. 255) ACCESS BY PERSONS WITH DISABILITIES. (a) DEFINITIONS.-As used in this section
(1) DISABILITY.—The term “disability” has the meaning given to it by section 3(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2(A)).
(2) READILY ACHIEVABLE.—The term “readily achievable” has the meaning given to it by section 301(9) of that Act (42 U.S.C. 12181(9)).
(b) MANUFACTURING.—A manufacturer of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable.
(c) TELECOMMUNICATIONS SERVICES.-A provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable.
(d) COMPATIBILITY.-Whenever the requirements of subsections (b) and (c) are not readily achievable, such a manufacturer or provider shall ensure that the equipment or service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable.
(e) GUIDELINES.-Within 18 months after the date of enactment of the Telecommunications Act of 1996, the Architectural and Transportation Barriers Compliance Board shall develop guidelines for accessibility of telecommunications equipment and customer premises equipment in conjunction with the Commission. The Board shall review and update the guidelines periodically.
(f) No ADDITIONAL PRIVATE RIGHTS AUTHORIZED.— Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section or any regulation thereunder. The Commission shall have exclusive jurisdiction with respect to any complaint under this section. SEC. 256. (47 U.S.C. 256) COORDINATION FOR INTERCONNECTIVITY.
(a) PURPOSE.-It is the purpose of this section
(1) to promote nondiscriminatory accessibility by the broadest number of users and vendors of communications products and services to public telecommunications networks used to provide telecommunications service through
(A) coordinated public telecommunications network planning and design by telecommunications carriers and other providers of telecommunications service; and
(B) public telecommunications network interconnectivity, and interconnectivity of devices with such networks used to provide telecommunications service; and
(2) to ensure the ability of users and information providers to seamlessly and transparently transmit and receive information between and across telecommunications networks.
(b) COMMISSION FUNCTIONS.—In carrying out the purposes of this section, the Commission
(1) shall establish procedures for Commission oversight of coordinated network planning by telecommunications carriers and other providers of telecommunications service for the effective and efficient interconnection of public telecommunications networks used to provide telecommunications service; and
(2) may participate, in a manner consistent with its authority and practice prior to the date of enactment of this section, in the development by appropriate industry standardssetting organizations of public telecommunications network interconnectivity standards that promote access to
(A) public telecommunications networks used to provide telecommunications service;
(B) network capabilities and services by individuals with disabilities; and
(C) information services by subscribers of rural telephone companies. (c) COMMISSION'S AUTHORITY.-Nothing in this section shall be construed as expanding or limiting any authority that the Commission may have under law in effect before the date of enactment of the Telecommunications Act of 1996.
(d) DEFINITION.—As used in this section, the term “public telecommunications network interconnectivity" means the ability of two or more public telecommunications networks used to provide telecommunications service to communicate and exchange information without degeneration, and to interact in concert with one another. SEC. 257. [47 U.S.C. 257) MARKET ENTRY BARRIERS PROCEEDING.
(a) ELIMINATION OF BARRIERS.-Within 15 months after the date of enactment of the Telecommunications Act of 1996, the Commission shall complete a proceeding for the purpose of identifying and eliminating, by regulations pursuant to its authority under this Act (other than this section), market entry barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications services and information services, or in the provision of parts or services to providers of telecommunications services and information services.