Rule2022-16146
Rates for Interstate Inmate Calling Services
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireline Competition Bureau (WCB) of the Federal Communications Commission (Commission) adopts an Order revising the instructions, reporting template, and certification form for the annual reports submitted by providers of calling services to incarcerated people.
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[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Rules and Regulations]
[Pages 47103-47116]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16146]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[WC Docket No. 12-375, DA 22-676; FR ID 94957]
Rates for Interstate Inmate Calling Services
AGENCY: Federal Communications Commission.
ACTION: Final order; revision of annual reporting requirements.
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SUMMARY: In this document, the Wireline Competition Bureau (WCB) of
[[Page 47104]]
the Federal Communications Commission (Commission) adopts an Order
revising the instructions, reporting template, and certification form
for the annual reports submitted by providers of calling services to
incarcerated people.
DATES: The Order was adopted June 24, 2022. The effective date of the
Order is delayed indefinitely. The Federal Communications Commission
will publish a document in the Federal Register announcing the date the
revisions to the annual reporting requirements will be effective once
the Office of Management and Budget (OMB) has provided the approval
required by the Paperwork Reduction Act (PRA).
FOR FURTHER INFORMATION CONTACT: Lee McFarland, Pricing Policy
Division, Wireline Competition Bureau, (202) 418-1787, or email
<a href="/cdn-cgi/l/email-protection#8ce0e9e9a2e1efeaedfee0ede2e8cceaefefa2ebe3fa"><span class="__cf_email__" data-cfemail="7a161f1f5417191c1b08161b141e3a1c1919541d150c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
WC Docket No. 12-375, DA 22-676, adopted and released on June 24, 2022.
The full text of this document is available at <a href="https://docs.fcc.gov/public/attachments/DA-22-676A1.pdf">https://docs.fcc.gov/public/attachments/DA-22-676A1.pdf</a>.
I. Introduction
1. By this Order, the Wireline Competition Bureau (Bureau) revises
the instructions, reporting template, and certification form for the
annual reports submitted by providers of calling services to
incarcerated people. The revisions the Bureau implements today largely
adopt the proposals contained in the Bureau's December 2021 request for
comments, with certain minor refinements and reevaluations responsive
to comments filed in response to that request.
II. Background
2. The Commission requires inmate calling services (ICS) providers
to make annual filings to help it monitor and track trends in the ICS
marketplace, increase provider transparency, and promote compliance
with the Commission's ICS rules. Pursuant to its delegated authority,
the Bureau created standardized reporting templates for the annual
report (FCC Form 2301(a)) and a related certification of accuracy (FCC
Form 2301(b)), as well as instructions to guide providers through the
reporting process. In 2020, the Bureau amended the instructions and
template for the annual report in order to improve the type and quality
of the information collected.
3. In the 2021 ICS Order, the Commission revised its ICS rules by
adopting, inter alia, lower interim rate caps for interstate ICS calls,
new interim rate caps for international ICS calls, and a rate cap
structure that requires ICS providers to differentiate between legally
mandated and contractually required site commissions. These rule
changes necessitated further changes to the annual reporting and
certification templates, which the Bureau proposed in the December 2021
request for comments. In response to the request, the Bureau received
comments from ICS providers, public interest advocates, and other
interested parties. Several commenters express support for the
revisions proposed in that request.
III. Discussion
4. Pursuant to the Bureau's delegated authority, the Bureau adopts
the instructions and templates for annual reports and certifications
for ICS providers attached hereto as Appendix A. Appendix A provides
the instructions as well as links to the templates. The reporting
template consists of a Word document and Excel spreadsheets. For
simplicity, the Bureau refers to these respective portions of the
reporting template as the Word template and the Excel template. These
instructions and templates largely follow the proposals in the Bureau's
December 2021 request for comments, with a small number of revisions to
enhance the value and usefulness of the annual reports, the majority of
which reduce existing or proposed reporting burdens. These revisions
reflect full consideration of the record received in response to that
request for comments, including potential burdens on ICS providers. The
Bureau expects the detailed instructions and templates it adopts to
result in reports that provide the Commission, its state counterparts,
and the public with a clearer, more complete picture of ICS providers'
operations than was available under prior annual reports, without
unduly increasing burdens on providers. In particular, the changes the
Bureau makes to the instructions and templates will make ICS providers'
rates, ancillary service charges, and practices more transparent and,
through that increased transparency, help ensure compliance with the
Commission's ICS rules.
A. Specific Data and Information Inquiries
5. The reporting requirements the Bureau adopts in this Order cover
the general categories of information the Bureau proposed in the
December 2021 request for comments. These categories include the
submission of information on facilities served; interstate, intrastate,
and international ICS rates; ancillary service charges; site
commissions; and disability access, among other matters. The Bureau
finds that these categories strike the appropriate balance between
providing clear and useful information about ICS providers, and
minimizing the associated reporting burdens. The Bureau notes that the
categories of information it requests are generally consistent with,
but not identical to, those ICS providers in the state of Colorado are
required to address in quarterly reports to the Colorado Commission.
1. Reporting Information on ICS Rates
6. The Bureau adopts the reporting requirements for interstate,
international, and intrastate ICS rates as proposed, with minor
revisions, as discussed below. In the December 2021 request for
comments, the Bureau proposed to require every provider to submit the
highest, average, and year-end interstate, international, and
intrastate ICS rates charged at each of its facilities, as well as
information regarding providers' international termination charges.
Given that ``providers may charge one rate for the initial minute of a
call and another for each successive minute'' and may ``frequently
adjust their rates'' during the course of a year, the Bureau finds that
each of these data points is necessary for the Bureau to fully
understand providers' rates. Although some commenters contend that the
Bureau's proposed collection would be unnecessarily burdensome, the
Bureau's revised approach will significantly reduce the burdens on
providers, and the Bureau finds that detailed information regarding
providers' interstate, international, and intrastate ICS rates is
needed to ensure that the annual reports enable the Commission, its
state counterparts, and the public to evaluate and effectively monitor
interstate, international, and intrastate ICS rates.
7. The Bureau declines to reduce the categories of rate data it
collects. Some commenters complain that the rate data the Bureau
proposed would be overly burdensome: one argues against collecting the
highest and average rates charged for a 15-minute call during the
calendar year at each facility; another alleges that the information
the Bureau seeks surrounding international termination charges in
addition to the rate information the Bureau seeks for international
rates--including the highest per-minute rate, first minute rate, and
additional minute rate--will especially burden those providers that
serve facilities with average daily
[[Page 47105]]
populations of less than 1,000. These arguments fail to recognize that
implementation of the Bureau's proposals will significantly reduce the
existing rate reporting burdens on providers, and the Bureau's decision
accounts for the benefit of collecting this rate information and the
reduced burden on providers. Under the current requirements, providers
must report every rate they charged during the calendar year, a
significantly broader undertaking than simply reporting highest,
average, and year-end rates. Limiting the required reported rates to
only the highest, average, and year-end rates thus constitutes a
winnowing of the providers' current rate reporting responsibilities.
Given the Bureau's decision to no longer collect data on every single
rate which providers have charged over the course of a year,
information on each of these three measures is essential to understand
how providers' rates vary over the course of a year and the impact of
those variations on consumers.
8. In the December 2021 request for comments, the Bureau also
proposed to require providers to report international rate information
separately for each facility served. One commenter points out, however,
that providers typically charge the same international rates for all
facilities covered under the same contract and that it is unnecessary
to require providers to report identical international rate information
for each of several facilities covered under the same contract. The
Bureau agrees and therefore allows providers to report international
rate information at the contract level, as opposed to the facility
level, in most situations. This approach should further reduce the
reporting burden on providers. Where, however, a provider charges
different international rates for calls from facilities covered by the
same contract, it must report its international rate data on a
facility-by-facility basis to ensure such differences are captured.
9. The Bureau also revises the instructions and reporting template
to require that detailed international rate information be reported
only for countries to which calls were actually placed from a given
facility during the reporting period, and to report the web address at
which international rate information can be found for other countries
to which no calls were placed. To ensure that the annual reports
provide complete information regarding the rates at which providers
offered international ICS, the Bureau requires providers to provide
links to the publicly available web pages that capture their
international ICS offerings for service to other counties as of the end
of the reporting period. These changes provide clarity as to how the
Bureau expects providers to list their international rates. They also
significantly reduce the burdens below those providers faced under the
Bureau's prior requirements.
10. The Bureau declines to limit the collection of information
surrounding international rates to only the rate that was charged for
the domestic portion of international calls. In the December 2021
request for comments, the Bureau proposed to require providers to
report any charges they assessed on consumers to terminate
international calls as well as the amounts they paid to their
underlying international service providers for such termination. One
commenter claims providers lack control over third-party termination
rates and therefore should not be required to report them. The Bureau
does not agree. The rules adopted by the Commission in the 2021 ICS
Order permit each provider to include, in its charges for an
international call, the average per-minute amount the provider paid its
underlying providers to terminate international calls to an
international destination during the preceding calendar quarter. The
rules also require these charges to be itemized on a customer's bill.
Consequently, information on both the amounts passed through and the
amounts paid to third parties is essential to evaluate whether
providers' international rates comply with the Commission's rules.
2. Reporting Ancillary Service Charges Information
11. The Bureau adopts the reporting requirements for ancillary
service charges assessed by ICS providers as proposed, with certain
revisions, as discussed below. In the December 2021 request for
comments, the Bureau proposed to require every provider to report, on a
facility-by-facility basis, certain information about any ancillary
services charges it assesses and to include a narrative explanation
concerning any methodologies it uses to allocate those charges among
multiple facilities served under a single contract. The Bureau finds
that the requested information is necessary to evaluate whether
providers' ancillary services charges comply with the Commission's
ancillary services charge rules and that submitting this information
will not place an undue burden on providers.
12. The Bureau agrees that the submission of additional information
related to specific third-party ancillary service charges that
providers are permitted to pass-through to consumers under the
Commission's current rules is warranted. To that end, the Bureau
requires providers to identify whether their ancillary service charges
are fixed or variable. The Bureau also requires providers to identify
each third party whose fees for single-call and related service charges
or third-party financial transactions were passed through to ICS
consumers, and to state the number of times such charges were assessed,
and the total amounts of such charges passed through to consumers.
Although PPI focuses on the pass through of third-party financial
transaction fees, the Bureau finds that PPI's arguments apply with
equal force to the pass through of third party single-call and related
services fees. To be clear, where a contract involves pass-through
charges from multiple third parties, the Bureau requires providers to
identify each third party and to itemize the corresponding charges
separately. These changes will help ensure that ICS providers are not
using third-party contracts to circumvent the Commission's limits on
ancillary services charges or improperly pass through third-party fees
in violation of the 2021 ICS Order. In addition, these changes will add
clarity as to how the different ancillary service charges are
structured and assessed.
13. Similarly, the Bureau agrees with the commenter who argues it
will be useful to require providers to provide a narrative explanation
of how they calculate variable service charges. This narrative will
provide the Commission and consumers valuable information about third-
party transaction fees. Further, the Bureau expects that providing this
information should impose only a minimal, if any, additional burden on
providers because the Bureau understands relatively few ancillary
services fees are variable. The benefits of obtaining more detailed
information about how ancillary service charges are assessed outweighs
any minor increase in burden.
3. Reporting Site Commission Information
14. The Bureau adopts the reporting requirements it proposed
concerning site commissions, with minor revisions. In the December 2021
request for comments, the Bureau proposed to require providers to
report their average total monthly site commission payments on a
facility-by-facility basis and to separate those payments between
legally mandated and contractually prescribed site commission payments,
consistent with the Commission's rules. The Bureau declines to
implement one commenter's request that the Bureau essentially modify
the definition of
[[Page 47106]]
``legally mandated'' site commissions as beyond the scope of this
Order. This Bureau-level order is limited to revising the instructions
and reporting template for ICS providers' annual reports and
certifications and not appropriate for modifying Commission-adopted
definitions. The Bureau also proposed to require providers to subdivide
both types of payments between monetary and in-kind payments and,
within those subdivisions, to report the portions of the payments that
were either fixed or variable. The Bureau disagrees with those
commenters that contend that this level of disaggregated reporting
would impose onerous burdens on providers and would not ``serve the
public interest.'' The Bureau finds that its disaggregated site
commission reporting requirements will provide benefits--allowing the
Bureau to collect more complete and detailed information for analysis
regarding the providers' site commission payments--that far outweigh
any increased burden on providers. Moreover, the argument that the
Commission has not previously required providers to report in-kind site
commission payments is incorrect. The existing instructions require
providers to report both fixed and variable site commission payments,
and defines ``site commissions'' as ``any form of monetary payment,
exchange of services or goods, fee, technology allowance, or product
that a provider of ICS may pay, give, donate, or otherwise provide to
an entity with which the provider of ICS enters into an agreement to
provide ICS, a governmental agency that oversees a correctional
facility, the city, county, or state where a facility is located, or an
agent of any such facility.''
15. In December, 2021, the Bureau proposed to require each provider
to submit a narrative response regarding certain aspects of its in-kind
site commission payments. The Bureaurevise this instruction to also
specify that the provider describe the valuation methodology it used to
determine the value of its in-kind site commissions reported. The
Bureau finds this additional requirement necessary because in-kind site
commission payments encompass a wide variety of goods or services, such
as items developed through in-house labor, which may lack easily
ascertainable monetary values.
16. However, the Bureau declines to adopt other suggestions that
would either increase the burden on reporting providers without any
offsetting benefit or unduly limit the information collected on in-kind
site commissions. For example, it is not clear how a specific
requirement that providers report in-kind site commissions on both the
adjusted basis (i.e., book value) and the fair market value of the
transferred property would produce sufficiently useful information to
justify the additional burden on providers. On the other hand, simply
requiring providers to ``identify any in-kind site commissions and
describe how those payments are valued'' could allow providers to avoid
imputing an actual dollar value for their in-kind site commissions,
resulting in insufficient visibility into those transactions. On
balance, the Bureau finds that its adopted approach, requiring
providers to report the value of in-kind site commissions and to
describe the valuation methodology they used, will provide the most
useful information without unduly burdening providers.
4. Disability Access and Related Considerations
17. The Bureau next revises the proposed instructions and reporting
template to more precisely target the most necessary information
related to providers' disability access services. In December, 2021,
the Bureau proposed to require every provider to report certain
information regarding any ancillary services charges imposed for, or in
connection with, TTY-based calls at each facility the provider served
during the reporting period. According to the record, this proposal
should be narrowed slightly to track only the ancillary service fees a
provider charges specifically in connection with the access and use of
TTY equipment or other disability-related technologies. The Bureau
agrees, and therefore revises the instructions to require that
providers report, on a facility-by-facility basis, any ancillary
service charges they impose specifically for accessing and using TTY
equipment and other disability-related ICS technologies. This
instruction should not be construed to imply that any such charges are
permitted by the Commission's rules. This change will provide the
Commission and the public with a more accurate view of providers'
ancillary service charges specifically in connection with disabilities
access than would have been available under the Bureau's original
proposal.
5. Miscellaneous
18. The Bureau declines at this time to use the annual reporting
process to obtain information about ICS providers' bundled contract
offerings (i.e., contracts including voice, video, text, emails, or
other services), as two parties urge. The Bureau finds that the
proposed additional categories of information would not advance the
purposes of the annual reporting requirement enough to outweigh the
potential added burdens on ICS providers.
19. The Bureau also declines to adopt a request to remove questions
about the geographic coordinates of facilities. The Bureau finds
geographic location data to be useful, and in some cases necessary, to
accurately identify the location of certain facilities. And, because
each provider's response to the Third Mandatory Data Collection must
include the geographic coordinates of each facility it serves,
reporting that previously-determined information in the annual reports
can hardly be characterized as imposing a burden on providers.
6. Confidential Information
20. The Bureau also declines to implement one commenter's
suggestion that the Bureau specifically require providers to submit a
detailed motion if they redact information from the public version of
their annual reports. Any such action would constitute a departure from
the Commission's long-established procedure under which provider
``[f]ilings containing legitimate confidential information can be
appropriately redacted and filed pursuant to the guidance and
limitations set forth in the [ICS] Protective Order and the standard
set forth in section 0.459 of the Commission's rules.'' The Bureau has
previously explained that ``any request for confidential treatment must
adhere to the standard set forth in section 0.459(b) of the
Commission's rules, as applied in the ICS Annual Report Transparency
Order.'' The Bureau finds no reason to disturb these existing
procedures based on the record before it.
B. Effective Date and Implementation Date
21. Because this Order imposes new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), its effective date will be delayed indefinitely pending approval
by the Office of Management and Budget (OMB). In the event of such
approval, the Commission will publish a document in the Federal
Register announcing OMB approval and establishing the date of such
publication as the effective date of this Order.
22. The Bureau expects that this effective date will be established
long before the April 2023 due date for providers' next annual reports
and certifications for calendar year 2022. An expected April 2023
implementation
[[Page 47107]]
date moots commenter concerns premised on the assumption that the
revisions would become effective before providers had to submit their
2022 annual reports. When the Bureauproposed the revisions to the
instructions and templates for the annual reports in the December 2021
request for comments, the Bureau expected that such changes would
receive OMB approval under the PRA and take effect in time for their
use in the April 2022 filings. This did not occur. Consequently, the
Bureau no longer needs separate instructions for the period between
January 1, 2021 and October 26, 2021 when certain of the rules adopted
in the 2021 ICS Order became effective. The Bureau has therefore
revised the instructions and templates accordingly. Thus, providers
should expect that, absent further Bureau direction, the revisions
adopted in this Order will apply to all subsequent annual report and
certification filings. Providers will have ample time to collect the
information needed for the revised annual reports due in April 2023.
IV. Procedural Matters
23. Supplemental Final Regulatory Flexibility Act Analysis. As
required by the Regulatory Flexibility Act of 1980, as amended (RFA),
the Bureau has prepared a Supplemental Final Regulatory Flexibility
Analysis (FRFA) relating to this Order. The RFA has been amended by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
The SBREFA was enacted as Title II of the Contract with America
Advancement Act of 1996 (CWAAA). The Supplemental FRFA is set forth in
Appendix B.
24. Final Paperwork Reduction Act Analysis. The Order contains new
or modified information collection requirements subject to the PRA. It
will be submitted to OMB for review under section 3507(d) of the PRA.
OMB, the general public, and other Federal agencies will be invited to
comment on the new or modified information collection requirements
contained in this proceeding. In addition, the Bureau notes that
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198; see 44 U.S.C. 3506(c)(4), the Bureau previously sought
specific comment on how the Commission might further reduce the
information collection burden for small business concerns with fewer
than 25 employees. The Bureau has assessed the effects of the
requirements for annual reports and certifications on small business
concerns, including those having fewer than 25 employees, and find that
to the extent such entities are subject to those requirements, any
further reduction in the burden of the collection would be inconsistent
with the objectives behind the collection.
25. Congressional Review Act. The Commission will not send a copy
of this Order to Congress and the Government Accountability Office
pursuant to the Congressional Review Act (CRA), see 5 U.S.C.
801(a)(1)(A), because it does not adopt any rule as defined in the CRA,
5 U.S.C. 804(3).
V. Supplemental Final Regulatory Flexibility Analysis
26. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), a Supplemental Initial Regulatory Flexibility Analysis
(Supplemental IRFA) was incorporated in the 2021 ICS Order, released in
May 2021. The RFA has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA). The Commission sought
written public comment on the proposals in that Order, including
comments on the Supplemental IFRA. The comments received are addressed
below. This present Supplemental Final Regulatory Flexibility Analysis
(Supplemental FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Order
27. In this Order, the Commission's Wireline Competition Bureau
(the Bureau) adopts revisions to the instructions and templates for the
annual reports and certifications submitted by providers of ICS. In the
2021 ICS Order, the Commission revised its ICS rules by adopting, inter
alia, lower interim rate caps for interstate ICS calls, new interim
rate caps for international ICS calls, and a rate cap structure that
requires ICS providers to differentiate between legally mandated and
contractually required site commissions. The rules implemented by the
2021 ICS Order necessitate further changes to the annual reporting and
certification templates, which the Bureau proposed in the December 2021
request for comments.
28. Pursuant to its delegated authority, the Bureau has prepared
updates to the annual reporting and certification templates and is
issuing the Order to adopt all aspects of these documents.
B. Summary of Significant Issues Raised by Public Comments in Response
to the Supplemental IRFA
29. There were no comments filed that specifically addressed the
proposed rules and policies in the Supplemental IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
30. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.
31. The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
Annual Report and Certification Requirements Will Apply
32. 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 annual report and certification requirements. 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.
33. Regulatory Flexibility Analyses were incorporated in the 2020
ICS Order and 2021 ICS Order. In those analyses, the Commission
described in detail the small entities that might be affected.
Accordingly, in this Order, for the Supplemental FRFA, the Bureau
hereby incorporates by reference the descriptions and estimates of the
number of small entities from these previous Regulatory Flexibility
Analyses.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
34. The annual report and certification requirements direct ICS
providers to submit, among other things, data and other information on
calls, demand, operations, company and contract information,
information about facilities served, revenues, site commission
payments, and ancillary fees and to certify as to their compliance with
relevant Commission rules. The Bureau estimates that approximately 20
[[Page 47108]]
ICS providers will be subject to this reporting requirement. In the
aggregate, the Bureau estimates that responses will take approximately
3,740 hours.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities and Significant Alternatives Considered
35. 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 or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rules for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.''
36. The annual report and certification requirements impose a
recurring obligation on providers. Because the Commission's 2021 ICS
Order requires all ICS providers to submit annual reports and
certifications, the collection will affect smaller as well as larger
ICS providers. The Bureau has taken steps to ensure that the reporting
template is competitively neutral and not unduly burdensome for any set
of providers and has considered the economic impact on small entities,
as identified in comments filed in response to the December 2021
request for comments, in finalizing the instructions and reporting
templates for the annual reports and certifications. In response to the
comments, the Bureau has refined certain aspects of the instructions
and reporting templates. These modifications avoid unduly burdening
responding providers while ensuring that providers have sufficiently
detailed and specific instructions to respond to the data collection.
G. Report to Congress
37. The Commission will send a copy of the Order, including this
Supplemental FRFA, in a report a report to be sent to Congress pursuant
to the Small Business Regulatory Enforcement Fairness Act of 1996. In
addition, the Commission will send a copy of the Order, including this
Supplemental FRFA, to the Chief Counsel for Advocacy of the Small
Business Administration. A copy of the Order, and Supplemental FRFA (or
summaries thereof) will also be published in the Federal Register.
VI. Ordering Clauses
38. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 2, 4(i)-(j), 155(c), 201(b), 218, 220, 276,
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
152, 154(i)-(j), 155(c), 201(b), 218, 220, 276, and 403, and the
authority delegated pursuant to sections 0.91, 0.201(d), and 0.291 of
the Commission's rules, 47 CFR 0.91, 0.201(d), 0.291, this Order is
adopted.
39. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order, including the Supplemental Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Lynne Engledow,
Deputy Chief, Pricing Policy Division, Wireline Competition Bureau.
Note: The following appendix, Annual Reporting and
Certifications Instructions and Template, will not appear in the
Code of Federal Regulations.
I. Overview
In the 2015 ICS Order, the Federal Communications Commission
(Commission or FCC) charged the Wireline Competition Bureau (Bureau)
with implementing requirements designed to help the Commission
monitor the rates, fees, and practices of Providers of Calling
Services to incarcerated people (Inmate Calling Services or ICS).
Specifically, the Commission directed the Bureau to develop an
Annual Report that each ICS Provider must file regarding its Inmate
Calling Services operations during the preceding calendar year. The
Commission also directed the Bureau to develop related instructions
and a template to gather this information, and required each ICS
Provider to file an Annual Certification declaring its compliance
with the Commission's Inmate Calling Services rules during the
preceding calendar year. These Annual Reporting and Annual
Certification requirements are designed to help ensure transparency
in ICS rates, fees, and practices, and to ensure that ICS Providers
comply with the Commission's rules.
These instructions and the accompanying templates and
certification form are designed to implement the Commission's
directives. These instructions and the associated template and
certification form consolidate and supplant the instructions and
template for earlier iterations of the ICS annual reporting and
certification requirements. As discussed below, the template
consists of a Word document and Excel spreadsheets. For simplicity,
we refer to these respective portions of the template as the Word
template and the Excel template.
II. General Instructions and Filing Requirements
A. Who must file?
Each Inmate Calling Services Provider must submit a complete and
accurate Annual Reporting Form (FCC Form 2301(a)) and Annual
Certification Form (FCC Form 2301(b)) (collectively, FCC Form 2301)
annually. Each group of affiliated Providers shall respond as a
single entity, regardless of the number of separately incorporated
companies or other entities within that group that provide ICS.
A Subcontractor is classified as an ICS Provider if it partners
with or serves an ICS Provider that holds a direct contractual
relationship with a correctional authority, and the Subcontractor
also provides ICS services to incarcerated people, for example, by
completing calls for ICS Customers. A Subcontractor is not exempted
from the definition of an ICS Provider on the grounds that it lacks
a direct contractual relationship with a correctional authority.
Therefore, where a Subcontractor completes calls but the ICS
Provider bills Customers for those calls and then pays the
Subcontractor, that Subcontractor will also meet the definition of
an ICS Provider. By contrast, an entity that only provides billing
and collection for inmate calling services provided by a separate
entity and remits those revenues to that entity may not meet the
definition of an ICS Provider.
Providers (including all Subcontractors that meet the definition
of Provider set forth below) must complete and file all sections of
FCC Form 2301 unless otherwise indicated.
Throughout these instructions, the terms ``you'' and ``your''
refer to any entities that must submit the FCC Form 2301. Part III,
below, defines other terms used in these instructions and in the
Annual Reporting and Annual Certification Forms.
B. What To File
You must fully and completely respond to each request for
information in these instructions using the attached Word and Excel
templates and certification form. Once finalized, these templates
and form will be available at <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a>. You must submit each template in a machine-readable and
manipulatable format.
1. Annual Reporting Form
Your Annual Reporting Form shall consist of: (1) a Word document
containing responses that require a narrative explanation (see
Appendix A to these instructions); and (2) an Excel spreadsheet
containing responses that indicate specific numbers, percentages,
and/or information (see Appendix B to these instructions).
As a general matter, these instructions direct you to enter your
responses to requests for certain information or numbers at specific
places in these templates. Provide your narrative responses in the
Word template (Appendix A). You must also use the Word template to
provide any additional information needed to ensure that your
response is full and complete, and to identify and explain any
caveats associated with your response.
[[Page 47109]]
Unless otherwise stated, provide your responses for the Annual
Reporting Form using the Excel template (Appendix B). As a general
matter, your entries on the Excel template will require input of
specific numbers or percentages (e.g., a Facility's Average Daily
Population) or discrete information (e.g., a Facility's geographical
coordinates). The Excel template uses ``N/A'' or ``0'' as
specifically instructed to identify cells in which no data are to be
reported. Following the same format, you should add additional rows
or columns to this template as necessary to complete your responses.
2. Annual Certification Form
You must complete the Annual Certification Form (see Appendix C
to these instructions) regarding the truthfulness, accuracy, and
completeness of the Provider's Annual Reporting Form and the
Provider's compliance with the Commission's ICS rules.
Submissions will be rejected and returned for correction and
resubmission if made without a completed certification form by an
officer of the Provider that, based on information and belief formed
after reasonable inquiry, the statements and information contained
in the Report are accurate and complete.
C. Filing Deadline and Submission
The Annual Reporting and Annual Certification Forms for the
preceding calendar year must be submitted by April 1 of each year.
You must submit public versions of your Annual Reporting and
Annual Certification Forms by filing the completed forms
electronically through the Commission's Electronic Comment Filing
System (ECFS), by accessing the ECFS at <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
You may file any information that you believe should be afforded
confidential treatment pursuant to the guidance and limitations in
the Protective Order in this proceeding and by adhering to the
standard set forth in section 0.459(b) of the Commission's rules,
the ICS Annual Report Transparency Order, and other applicable
precedent. As the Bureau explained with regard to the 2019 Annual
Reports, information regarding ``facility names, inmate calling
services rates, [and] the amounts of ancillary service charges'' is
not entitled to confidential treatment, given the ``strong public
interest in transparency surrounding rates, charges, terms, and fees
for inmate calling services.'' Similarly, information on a
Facility's average daily population was not protected from public
disclosure. Absent a compelling showing to the contrary, these
determinations will apply to future annual report filings.
Confidential versions of the reports must be submitted to the
Secretary's office using the Excel template provided by the
Commission and in a machine-readable and manipulatable format. You
must also provide courtesy copies of the confidential filing to the
Bureau via email at <a href="/cdn-cgi/l/email-protection#96fff5e5f7f8f8e3f7fae4f3e6f9e4e2d6f0f5f5b8f1f9e0"><span class="__cf_email__" data-cfemail="127b7161737c7c67737e6077627d6066527471713c757d64">[email protected]</span></a>.
D. Compliance
We caution Providers that they must proceed in good faith and
with absolute candor in preparing and filing their Annual Reporting
and Annual Certification Forms. Persons willfully making false
statements in an Annual Reporting Form or Annual Certification Form
can be punished by fine or forfeiture, under the Communications Act
of 1934, 47 U.S.C. 502, 503(b), or by fine or imprisonment under
Title 18 of the United States Code, 18 U.S.C. 1001.
III. Definitions
Affiliates means any two or more companies, partnerships, or
other legal entities where (a) one entity directly or indirectly
owns or controls the other or others, (b) a Third Party controls or
has the power to control both or all, (c) the entities share common
ownership or have interlocking directorates, or (d) the entities
share employees, equipment, and/or facilities. For purposes of this
definition, the term ``own'' means to own an equity interest (or the
equivalent thereof) of more than 10%.
Alternative Method for Calculating Average Daily Population
means any method other than dividing the sum of all inmates in a
facility for each day of a Year by the number of days in the Year.
Ancillary Services means Permissible Ancillary Services and
Other Ancillary Services.
Ancillary Service Charge means any charge Consumers may be
assessed for, or in connection with, the interstate or international
use of Inmate Calling Services that is not included in the per-
minute charges assessed for such individual calls. Ancillary Service
Charges that may be assessed are limited only to those listed in 47
CFR 64.6000(a)(1)-(5) and consist of Automated Payment Fees, Live
Agent Fees, Paper Bill/Statement Fees, Fees for Single-Call and
Related Services, and Third-Party Financial Transaction Fees. All
other Ancillary Service Charges are prohibited in connection with
interstate and international Inmate Calling Services. For purposes
of this definition, ``interstate'' includes any jurisdictionally
mixed charge, as defined in 47 CFR 64.6000(u).
Ancillary Services Charge Rules means the FCC rules setting the
maximum amounts Providers may charge for Ancillary Services. The
Ancillary Service Charge Rules are set forth in 47 CFR 64.6020, as
may be subsequently amended by the Commission.
Annual Certification Form means FCC Form 2301(b).
Annual Reporting Form means FCC Form 2301(a). This form consists
of (1) the Word template, FCC Form 2301(a)(1), and (2) the Excel
template, FCC Form 2301(a)(2).
Automated Payment Fees means credit card payment fees, debit
card payment fees, and bill processing fees, including fees for
payments made by interactive voice response (IVR), web, or
Incarcerated Person Kiosk.
Automated Payment Service means any service providing Customers
of Inmate Calling Services with credit card payment, debit card
payment, and bill processing services, including enabling payments
by interactive voice response (IVR), web, or Incarcerated Person
Kiosk.
Average Daily Population and ADP mean the sum of all
Incarcerated Persons in a facility for each day of a Year, divided
by the number of days in the Year.
Billed Minutes means the number of Inmate Calling Services
minutes supplied during a Year for which payment is demanded.
Billed Revenues means gross sales, without adjustment for
uncollectable accounts or expenses related to producing these sales,
derived from the number of units of a service supplied during a Year
for which payment is demanded.
Consumer means the party paying a Provider of Inmate Calling
Services.
Contractually Prescribed Facility Rate Component means the
Facility-Related Rate Component set forth in 47 CFR 64.6030(d)(2).
Contractually Prescribed Site Commission means a Site Commission
payment required pursuant to a contract negotiated between a
Facility and a Provider.
Customer means the Incarcerated Person or the person who pays
for ICS if that person is not the Incarcerated Person.
Facility means a Prison or Jail as those terms are defined
elsewhere in this document.
Facility-Related Rate Component means either the Legally
Mandated Facility Rate Component or the Contractually Prescribed
Facility Rate Component as set forth in 47 CFR 64.6030(d).
Fees for Single-Call and Related Services means billing
arrangements whereby an Incarcerated Person's collect calls are
billed through a Third Party on a per-call basis, where the called
party does not have an account with the Provider of Inmate Calling
Services or does not want to establish an account.
Fixed Site Commission means a Site Commission that is assessed
or paid without regard to ICS usage or revenues. Fixed Site
Commissions include, but are not limited to, minimum annual
guarantee payments, other lump-sum payments, and payments in-kind
that Providers make pursuant to ICS contracts.
Incarcerated Person means a person detained in a Prison or Jail,
regardless of the duration of the detention.
Inmate Calling Services and ICS mean a service that allows
Incarcerated Persons to make calls to individuals outside the
Facility where the Incarcerated Person is being held, regardless of
the technology used to deliver the service.
ICS-Related Operations means the actions or tasks performed by
the Provider or authorized personnel to deliver Inmate Calling
Services and related Ancillary Services to Incarcerated Persons and
those they call, including but not limited to billing, customer
service, and other requirements as determined by contract or by law.
It excludes all Site Commission payments, including actions or tasks
that are part of In-Kind Site Commission payments.
In-Kind Site Commission means a Site Commission that does not
take the form of a Monetary Site Commission.
Intrastate Communication means any communication that originates
and terminates in the same state, territory, or possession of the
United States (other than the Canal Zone), or the District of
Columbia.
[[Page 47110]]
International Communication means a communication or
transmission from any state, territory, or possession of the United
States, or the District of Columbia to points outside the United
States.
International Destination means the rate zone in which an
international call terminates. For countries that have a single rate
zone, International Destination means the country in which an
international call terminates.
Interstate Communication means, pursuant to 47 U.S.C. 153(28),
communication or transmission (a) from any state, territory, or
possession of the United States (other than the Canal Zone), or the
District of Columbia, to any other state, territory, or possession
of the United States (other than the Canal Zone), or the District of
Columbia, (b) from or to the United States to or from the Canal
Zone, insofar as such communication or transmission takes place
within the United States, or (c) between points within the United
States but through a foreign country. Interstate Communication shall
not, for purposes of these instructions, include wire or radio
communication between points in the same state, territory, or
possession of the United States, or the District of Columbia,
through any place outside thereof, if such communication is
regulated by a state commission.
Jail means a facility of a local, state, or federal law
enforcement agency that is used primarily to hold individuals who
are: (a) awaiting adjudication of criminal charges; (b) post-
conviction and committed to confinement for sentences of one year or
less; or (c) post-conviction and awaiting transfer to another
facility. The term also includes city, county or regional facilities
that have contracted with a private company to manage day-to-day
operations; privately owned and operated facilities primarily
engaged in housing city, county or regional Incarcerated Persons;
facilities used to detain individuals operated directly by the
Federal Bureau of Prisons or U.S. Immigration and Customs
Enforcement, or pursuant to a contract with those agencies; juvenile
detention centers; and secure mental health facilities.
Legally Mandated Facility Rate Component means a rate component
set forth in 47 CFR 64.6030(d)(1).
Legally Mandated Site Commission means a Site Commission payment
required by state statutes or laws and regulations that are adopted
pursuant to state administrative procedure statutes where there is
an opportunity for public comment, such as by a state public utility
commission or similar regulatory body with jurisdiction to establish
Inmate Calling Services rates, terms, and conditions and that
operate independently of the contracting process between Facilities
and Providers.
Live Agent Fee means a fee associated with the optional use of a
live operator to complete Inmate Calling Services Transactions.
Live Agent Service means providing Customers of Inmate Calling
Services the optional use of a live operator to complete Inmate
Calling Services Transactions.
Monetary Site Commission means a Site Commission that takes the
form of a monetary payment.
Other Ancillary Services means an ancillary service that is not
a Permissible Ancillary Service.
Paper Bill/Statement Fees means fees associated with providing
Customers of Inmate Calling Services an optional paper billing
statement.
Paper Bill/Statement Service means providing Customers of Inmate
Calling Services an optional paper billing statement.
Permissible Ancillary Services means Automated Payment Service,
Live Agent Service, Paper Bill/Statement Service, Single-Call and
Related Services, and Third-Party Financial Transaction Services, as
defined in Part 64 of the Commission's rules and these Instructions.
Prison means a facility operated by a territorial, state, or
federal agency that is used primarily to confine individuals
convicted of felonies and sentenced to terms in excess of one year.
The term also includes public and private facilities that provide
outsource housing to other agencies such as the State Departments of
Correction and the Federal Bureau of Prisons; and facilities that
would otherwise fall under the definition of Jail but in which the
majority of Incarcerated Persons are post-conviction or are
committed to confinement for sentences of longer than one year.
Provider, ICS Provider, and Provider of Inmate Calling Services
mean any communications service provider that provides Inmate
Calling Services, regardless of the technology used, as defined in
47 CFR 64.6000(s). This definition includes all entities acting as
Subcontractors as defined below, to the extent that their activities
otherwise include the provision of Inmate Calling Services.
Provider-Related Rate Component means the interim per-minute
rate specified in either 47 CFR 64.6030(b) or 47 CFR 64.6030(c) that
Providers at Jails with Average Daily Populations of 1,000 or more
Inmates, and all Prisons, may charge for interstate Collect Calling,
Debit Calling, Prepaid Calling, or Prepaid Collect Calling.
Rate Cap Rules means the FCC rules setting the maximum amounts
Providers may charge for Inmate Calling Services subject to the
FCC's jurisdiction. The Rate Cap Rules are set forth in 47 CFR
64.6030, as may be subsequently amended by the Commission.
Reporting Period means the Year immediately preceding the Year
during which an Annual Report is due. For example, the Reporting
Period for the Annual Report due in April 2023 is January 1, 2022
through December 31, 2022.
Revenue-Sharing Agreement means any agreement, whether express,
implied, written, or oral that is: (a) between a Provider or any
Affiliate and a Third Party, such as a financial institution; or (b)
between a Provider and any of its Affiliates that, over the course
of the agreement, directly or indirectly results in the payment of
all or part of the revenue received from the provision of ICS or any
Ancillary Service to the other party to the agreement.
Single-Call and Related Services means billing arrangements
whereby an Incarcerated Person's collect calls are billed through a
Third Party on a per-call basis, where the called party does not
have an account with the Provider of Inmate Calling Services.
Site Commissions means any form of monetary payment, in kind
payment, gift, exchange of services or goods, fee, technology
allowance, or product that a Provider of Inmate Calling Services or
Affiliate of a Provider of Inmate Calling Services may pay, give,
donate, or otherwise provide to an entity that operates a
correctional institution, an entity with which the Provider of
Inmate Calling Services enters into an agreement to provide ICS, a
governmental agency that oversees a Facility, the city, the county,
or state where a Facility is located, or an agent of any such
Facility.
Subcontractor means an entity that provides ICS to a Facility
and has a contract or other arrangement with another Provider for
provision of ICS to that Facility. A Subcontractor need not have a
contractual relationship with the Facility.
Telecommunications Relay Services and TRS mean telephone
transmission services that provide the ability for an individual who
is deaf, hard of hearing, deaf-blind, or who has a speech disability
to engage in communication by wire or radio with one or more
individuals in a manner that is functionally equivalent to the
ability of a hearing individual who does not have a speech
disability to communicate using voice communication services by wire
or radio, as defined in 47 CFR 64.601(a)(42).
Text Telephone and TTY mean a machine that employs graphic
communication in the transmission of coded signals through a wire or
radio communication system, as defined in 47 CFR 64.601(a)(43). TTY
supersedes the term ``TDD'' or ``telecommunications device for the
deaf,'' and ``TT.''
Third Party means an entity that is not a Provider, an Affiliate
of a Provider, or a Facility.
Third-Party Financial Transaction Fees means the exact fees,
with no markup, that Providers of Inmate Calling Services are
charged by Third Parties to transfer money or process financial
transactions to facilitate a Customer's ability to make account
payments via a Third Party.
Third-Party Financial Transaction Services means the transfer of
money or the processing of financial transactions to facilitate a
Customer's ability to make account payments via a Third Party.
Variable Site Commissions means Site Commissions that are
assessed on a per-unit basis, such as a per-minute basis, percentage
of ICS revenue, or number of ICS phones at a Facility.
Year means a calendar year, from January 1 through December 31
of any given year.
IV. Annual Report Requirements
A. Basic Information
40. This section directs you to provide general information and
data about your Company and its Affiliates. Enter your responses for
items IV.A.(1) through IV.A.(9) in the Excel template and your
responses to items IV.A.(10) through IV.A.(14) in the Word template.
(1) Provider Name: Provide the name under which the Provider
offers Inmate Calling Services. If the Provider offers Inmate
Calling
[[Page 47111]]
Services under more than one name, list all relevant names.
(2) Reporting Period: Provide the relevant time period for the
information the report covers.
(3) Officer Name, Title: Provide the name and title of the
officer completing and certifying FCC Form 2301(a). The officer may
be the Chief Executive Officer (CEO), Chief Financial Officer (CFO),
or another senior executive with first-hand knowledge of the
truthfulness, accuracy, and completeness of the information
provided.
(4) Officer Telephone Number: Provide the business telephone
number with area code (containing ten digits) for the officer
identified in item IV.A.(3).
(5) Officer Email Address: Provide the business email address of
the officer identified in item IV.A.(3).
(6) Total Number of Correctional Facilities Served by Provider:
Provide the total number of Facilities in which you offered ICS
during the Reporting Period. You must include Facilities that you no
longer serve if you served them during the Reporting Period.
(7) Number of Prisons Served by Provider: Provide the number of
Prisons in which you offered ICS during the Reporting Period. You
must include Prisons that you no longer serve, if you served them
during the Reporting Period.
(8) Number of Jails Served by Provider With Average Daily
Population (ADP) Below 1,000: Provide the number of Jails in which
you offered ICS during the Reporting Period that have an ADP below
1,000. You must include Jails that you no longer serve, if you
served them during the Reporting Period.
(9) Number of Jails Served by Provider With ADP of 1,000 or
more: Provide the number of Jails in which you offered ICS during
the Reporting Period that have an ADP of 1,000 or more. You must
include Jails that you no longer serve if you served them during the
Reporting Period.
(10) Provider Name: In the Word template, provide the name under
which the Provider offers Inmate Calling Services. List all relevant
names if the Provider offers Inmate Calling Services under more than
one name.
(11) Correctional Facilities Served Less Than a Full Year: In
the Word template, provide the names of all Facilities that you
served for less than a full year during the Reporting Period and the
corresponding dates of your service (e.g., [Facility Name], From
[Month]/[Date] to [Month]/[Date]). If you served all Facilities
reported in item IV.A.(6) during the entirety of the Reporting
Period, enter ``N/A: The Provider served each Facility listed in the
Excel template throughout the entire Reporting Period.''
(12) Explanation of Alternative Method for Calculating ADP: In
the Word template, provide the names of all Facilities for which the
ADP reported reflects an alternative method for calculating ADP.
Describe in detail the method used to calculate ADP for each of
those Facilities.
(13) Narrative Description of a Subcontract To Provide ICS: If a
Provider contracts with a Subcontractor to provide any aspect of
ICS, the Provider and the Subcontractor shall explain each such
arrangement in the Word template of their respective Annual Reports.
At a minimum, this explanation shall include:
(a) The name of the Provider with the contractual or other
agreement with a Facility or contracting authority for the provision
of ICS;
(b) The name of the Subcontractor;
(c) The services provided by the Subcontractor under the
agreement;
(d) The unique identifier and address for the Facilities at
which the Subcontractor provides services under the agreement;
(e) A description of the ICS-Related Operations provided by the
Provider;
(f) A description of the ICS-Related Operations provided by the
Subcontractor;
(g) A list of the types of ICS calls and Ancillary Services
billed by the Provider;
(h) A detailed description of any Revenue-Sharing Agreement
between the Provider and the Subcontractor, including any such
Agreement with regard to proceeds from those calls and services; and
(i) A list of the types of ICS calls and Ancillary Services
billed by the Subcontractor and a description of any Revenue-Sharing
Agreement between the Provider and the Subcontractor, including any
such Agreement with regard to proceeds from those calls and
services.
(14) Additional Information: In the Word template, provide any
additional information needed to ensure that your entries for Basic
Information are full and complete.
B. ICS Rates
41. This section directs you to report Intrastate, Interstate,
and International ICS rates you charged at each Facility you served
during the Reporting Period. Enter your responses to items IV.B.(1)
through IV.B.(9) in the Excel template and your responses to items
IV.B.(7)(d), IV.B.(7)(e), IV.B.(8)(e), IV.B.(9)(e), IV.B.(9)(f),
IV.B.(9)(g), and IV.B.(9)(h) in the Word template.
(1) Contracting Party: In this column, enter the name the
counterparty to each contract for the provision of ICS that the
Provider held during the Reporting Period. Identify the specific
party with whom the Provider executed the contract (e.g.,
``[State's] Department of Corrections'').
(2) Contract Identifier: In this column, provide a unique
identifier for each contract for the Provider's provision of ICS
that was in effect during the Reporting Period.
(3) Name of Facilities Covered by Contract: In this column, for
each individual contract listed in response to item IV.B.(2), enter
the name of every Facility served under that contract during the
Reporting Period.
(4) Location of Facilities: In these two columns, enter the
complete address and geographical coordinates for each Facility
listed in response to item IV.B.(3).
(4)(a) Facility Address: Enter the complete address (street
address, city, state, and ZIP Code) of the physical location of each
listed Facility.
(4)(b) Geographical Coordinates: Enter the geographical
coordinates of each listed Facility.
(5) Facility Type: In this column, indicate whether the relevant
Facility is a Prison or a Jail. You may not enter any terms other
than either Prison or Jail in this column.
(6) ADP: In this column, provide the ADP that corresponds to
each Facility that the Provider listed in response to item IV.B.(3).
You may enter only an integer in this column.
(7) Intrastate Rates: In these columns, provide information
pertaining to rates you charged for Intrastate ICS calls from each
Facility you served during the Reporting Period. For the first two
categories listed below--Highest and Year-End--provide, for each
Facility: (a) the total amount charged for a 15-minute call; (b) the
amount charged for the first minute of that call; and (c) the amount
charged per minute for each subsequent minute of that call. If your
per-minute rate at a Facility did not vary, then enter the same rate
in the relevant sub-columns.
For example, if you provided Intrastate ICS at $0.11 for the
first minute and $0.10 per minute for each subsequent minute during
the first six months of the Reporting Period and at $0.09 for the
first minute and $0.11 per minute during the remainder of the
Reporting Period, your former rate combination would result in total
charges of $1.51 (0.11 + 0.10 * 14) for a 15-minute call and your
latter rate combination would result in total charges of $1.63 (0.09
+ 0.11 * 14) for a 15-minute call. You therefore would report $1.63
in sub-column (7)(a)(i), $0.09 in sub-column (7)(a)(ii), and $0.11
in sub-column (7)(a)(iii).
(7)(a) Highest 15-Minute Rate:
(7)(a)(i) 15-Minute Rate: Report the highest amount you charged
for a 15-minute Intrastate call from each Facility during the
Reporting Period in sub-column (7)(a)(i). If you offered different
Intrastate rate plans within the Reporting Period or changed
Intrastate rates during the Reporting Period, you must report the
rate combination that resulted in the highest 15-minute rate even if
a lower 15-minute rate was also available to Consumers at some point
during the Reporting Period.
(7)(a)(ii) First Minute Rate: You must break down the highest
15-minute rate you entered in sub-column (7)(a)(i) into two
individual per-minute rates and enter the rate for the first minute
in sub-column (7)(a)(ii).
(7)(a)(iii) Additional Minute Rate: You must break down the
highest 15-minute rate you entered in sub-column (7)(a)(i) into two
individual rates and enter the rate for each subsequent minute in
sub-column (7)(a)(iii).
(7)(b) Highest Year-End 15-Minute Rate:
(7)(b)(i) 15-Minute Rate: Report the highest amount you charged
for a 15-minute Intrastate call from each Facility on December 31 in
sub-column (7)(b)(i). If you offered different Intrastate rate plans
on December 31, you must report the rate combination that resulted
in the highest 15-minute rate even if a lower 15-minute Intrastate
rate was also available to Consumers on December 31. For Facilities
that you no longer served as of December 31, enter ``0.''
(7)(b)(ii) First Minute Rate: You must break down the highest
year-end 15-minute rate you entered in (7)(b)(i) into two individual
rates and enter the first minute rate in sub-column (7)(b)(ii). For
Facilities that you no longer served as of December 31, enter ``0.''
[[Page 47112]]
(7)(b)(iii) Additional Minute Rate: You must break down the
highest year-end 15-minute rate you entered in sub-column (7)(b)(i)
into two individual rates and enter the rate for each subsequent
minute in sub-column (7)(b)(iii). For Facilities that you no longer
served as of December 31, enter ``0.''
(7)(c) Average Per-Minute Rate: Report the average per-minute
rate you charged for Intrastate ICS calls from each Facility during
the Reporting Period. This average shall equal the total Billed
Revenues from charges for intrastate ICS calls from the Facility
during the Reporting Period (excluding any revenues from Ancillary
Services) divided by the total Billed Minutes of Intrastate ICS from
that Facility during the Reporting Period.
(7)(d) Alternative Rate Structures: If you have implemented any
rate structure other than per-minute rates for Intrastate ICS calls
from any Facility, explain in detail in the Word template.
(7)(e) Additional Information: In the Word template, provide any
additional information needed to ensure that your entries for
Intrastate Rates are full and complete.
(8) Interstate Rates: In these columns, provide information
pertaining to rates you charged for Interstate ICS calls from each
Facility you served during the Reporting Period. For the first two
categories listed below--Highest and Year-End--provide, for each
Facility: (a) the total amount charged for a 15-minute call
including both the Provider-Related Component and any Facility-
Related Component; (b) the amount charged for the first minute of
that call; (c) the amount charged per minute for each subsequent
minute of that call; and (d) any Facility-Related Rate Component of
the amount charged per minute of that call. If your per-minute rate
at a Facility did not vary, then enter the same rate in the relevant
sub-columns.
For example, if you provided Interstate ICS at $0.11 for the
first minute and $0.10 per minute for each subsequent minute during
the first six months of the Reporting Period and at $0.09 for the
first minute and $0.11 per minute during the remainder of the
Reporting Period, your former rate combination would result in total
charges of $1.51 for a 15-minute call and your latter rate
combination would result in total charges of $1.63 for a 15-minute
call. You therefore would report $1.63 in sub-column (8)(a)(i). If
you charged $0.02 per-minute as your Facility-Related Rate
Component, then you must report $0.09 in sub-column (8)(a)(ii),
which asks for the total first minute rate including the Facility-
Related Rate Component; $0.11 in sub-column (8)(a)(iii), which asks
for the total additional minute rate including the Facility-Related
Rate Component; and $0.02 in sub-column (8)(a)(iv), which asks for
the per-minute Facility-Related Rate Component alone.
(8)(a) Highest 15-Minute Rate:
(8)(a)(i) Highest 15-Minute Rate: Report the highest amount you
charged for a 15-minute Interstate call from each Facility during
the Reporting Period in sub-column (8)(a)(i). If you offered
different Interstate rate plans within the Reporting Period or
changed Interstate rates during the Reporting Period, you must
report the rate combination that resulted in the highest 15-minute
rate even if a lower 15-minute rate was also available to Consumers
at some point during the Reporting Period. You must calculate the
highest 15-minute rate by including both the Provider-Related Rate
Component and any Facility-Related Component of your per-minute
interstate rates.
(8)(a)(ii) First Minute Rate: You must break down the highest
15-minute rate you entered in sub-column (8)(a)(i) into two
individual per-minute rates and enter the first minute rate in sub-
column (8)(a)(ii). This total first minute rate should include both
the Provider-Related Rate Component and any Facility-Related Rate
Component.
(8)(a)(iii) Additional Minute Rate: You must break down the
highest 15-minute rate you entered in sub-column (8)(a)(i) into two
individual rates and enter the rate for each subsequent minute in
sub-column (8)(a)(iii). This total additional minute rate should
include both the Provider-Related Rate Component and any Facility-
Related Rate Component.
(8)(a)(iv) Per-Minute Facility-Related Rate: Report your
Facility-Related Rate Component of your per-minute Interstate rates
applied in calculating the Highest 15-Minute Rate you entered in
(8)(a)(i).
(8)(b) Highest Year-End 15-Minute Rate:
(8)(b)(i) Highest 15-Minute Rate: Report the highest amount you
charged for a 15-minute Interstate call from each Facility on
December 31 in sub-column (8)(b)(i). If you offered different
Interstate rate plans on December 31, you must report the rate
combination that resulted in the highest 15-minute rate even if a
lower 15-minute Interstate rate was also available to the Consumers
on December 31. You must calculate the highest 15-minute rate by
including both the Provider-Related Rate Component and any Facility-
Related Component of your per-minute Interstate rates. For
Facilities that you no longer served as of December 31, enter ``0.''
(8)(b)(ii) First Minute Rate: You must break down the highest
year-end 15-minute rate you entered in (8)(b)(i) into two individual
rates and enter the first minute rate in sub-column (8)(b)(ii). This
total first minute rate should include both the Provider-Related
Rate Component and any Facility-Related Rate Component. For
Facilities that you no longer served as of December 31, enter ``0.''
(8)(b)(iii) Additional Minute Rate: You must break down the
highest year-end 15-minute rate you entered in sub-column (8)(b)(i)
into two individual rates and enter the rate for each subsequent
minute in sub-column (8)(b)(iii). This total additional minute rate
should include both the Provider-Related Rate Component and any
Facility-Related Rate Component. For Facilities that you no longer
served as of December 31, enter ``0.''
(8)(b)(iv) Per-Minute Facility-Related Rate: Report your
Facility-Related Rate Component of your per-minute interstate rates
applied in calculating the Highest 15-Minute Rate you entered in
(8)(b)(i). For Facilities that you no longer served as of December
31, enter ``0.''
(8)(c) Average Per-Minute Rate: Report the average per-minute
rate you charged for Interstate ICS calls from each Facility during
the Reporting Period. This average shall equal the total Billed
Revenues from charges for interstate ICS calls from the Facility
during the Reporting Period (excluding any revenues from Ancillary
Services) divided by the total number of Billed Minutes of
interstate ICS from that Facility during the Reporting Period.
(8)(d) Above Rate Caps: In this column, enter ``Yes'' if you
charged an Interstate rate above the maximum rate permitted under
the Commission's Rate Cap Rules for any minute of an Interstate ICS
call from the Facility during the Reporting Period.
Enter ``No'' in this column if you only charged Interstate rates
at or below the maximum rate permitted under the Commission's Rate
Cap Rules for ICS calls from the given Facility during the Reporting
Period.
Please note that the Commission's Rate Cap Rules can change
during a Reporting Period and you must enter ``Yes'' or ``No'' for
each Facility by comparing your rates to the relevant rate caps that
were in effect when you charged those rates to the Consumers.
(8)(e) Additional Information: In the Word template, provide any
additional information needed to ensure that your entries for
Interstate Rates are full and complete.
(9) International Rates: In these columns, provide information
pertaining to your highest per-minute rates and any termination
charges you assessed on Consumers for International ICS calls from
each Facility you served during the Reporting Period. You must
calculate termination charges in accordance with 47 CFR 64.6030(e)
and complete all subsections below.
42. If you charged the same international rates for all
facilities governed by the same contract during the reporting
period, you may report your ICS international rate information on a
contract-level basis, using the separate tab ``B.(9) International
Rates'' within the Excel template.
(9)(a) Domestic Portion of International Rates: Select ``Yes''
if the domestic portion of your International ICS rates from the
Facility (i.e., your International ICS rate minus any International
termination charges) was the same as the Interstate rates you
charged for Interstate calls from the Facility. Select ``No'' if the
domestic portion of your International ICS rates differed from the
Interstate rates you charged for Interstate calls from the Facility.
If you select ``No,'' you must explain how they differed in the Word
template, as further described in item IV.B.(9)(e) below.
(9)(b) Rates By International Destination: Report, for each
calendar quarter, the maximum amount and the average amount that you
paid your underlying International service provider for calls to
each International Destination on a per-minute basis calculated in
accordance with 47 CFR 64.6030(e) at each Facility you served during
the Reporting Period.
(9)(b)(i) Destination: Enter every International Destination at
which calls from each Facility you served were terminated during the
Reporting Period.
(9)(b)(ii) Highest Per-Minute Rate: Enter the highest per-minute
rate you charged for International ICS calls from each Facility
during the Reporting Period.
[[Page 47113]]
(9)(b)(ii)(1) First Minute Rate: Enter the highest first minute
rate you charged for International ICS calls from each Facility
during the Reporting Period.
(9)(b)(ii)(2) Additional Minute Rate: Enter the highest
additional minute rate you charged for International ICS calls from
each Facility during the Reporting Period.
(9)(b)(iii) Maximum Termination Charges: Report the maximum
amount that you paid your underlying International service provider
for calls to each International Destination on a per-minute basis.
(9)(b)(iii)(1) Q1: Enter the maximum termination charge for the
first quarter of the Reporting Period.
(9)(b)(iii)(2) Q2: Enter the maximum termination charge for the
second quarter of the Reporting Period.
(9)(b)(iii)(3) Q3: Enter the maximum termination charge for the
third quarter of the Reporting Period.
(9)(b)(iii)(4) Q4: Enter the maximum termination charge for the
fourth quarter of the Reporting Period.
(9)(b)(iv) Average Termination Charges: Report the average
amount that you paid your underlying International service provider
for calls to each International Destination on a per-minute basis
calculated in accordance with 47 CFR 64.6030(e).
(9)(b)(iv)(1) Q1: Enter the average termination charge for the
first quarter of the Reporting Period.
(9)(b)(iv)(2) Q2: Enter the average termination charge for the
second quarter of the Reporting Period.
(9)(b)(iv)(3) Q3: Enter the average termination charge for the
third quarter of the Reporting Period.
(9)(b)(iv)(4) Q4: Enter the average termination charge for the
fourth quarter of the Reporting Period.
(9)(c) Above Cap International Rates: In this column, enter
``Yes'' if you assessed any rate above the maximum amount permitted
under the Commission's Rate Cap Rules for any minute of an
International ICS call from the Facility during the Reporting
Period.
Enter ``No'' in this column if your International rates were at
or below the maximum amount permitted under the Commission's Rate
Cap Rules for each International ICS call from the given Facility
during the Reporting Period.
(9)(d) Above Cap Termination Charges: In this column, enter
``Yes'' if you assessed any termination charge above the maximum
amount permitted under the Commission's Rate Cap Rules for any
minute of an International ICS call from the Facility during the
Reporting Period.
Enter ``No'' in this column if your termination charges were at
or below the maximum amount permitted under the Commission's Rate
Cap Rules for ICS calls from the given Facility during the Reporting
Period.
(9)(e) Domestic Portion of International Rates: If any of your
answers for item IV.B.(9)(a) is ``No,'' explain in the Word template
how the domestic portion of your International ICS rates differed
from the Interstate rates you charged for Interstate calls from the
Facility.
(9)(f) Above Cap Termination Charges: If any of your answers for
item IV.B.(9)(b) is ``Yes,'' explain in detail in the Word template
the circumstances surrounding your assessing a termination charge
above the maximum amount permitted under the Commission's Rate Cap
Rules. This explanation shall include, among other relevant
information, the circumstances leading to the above cap assessments;
the total amount of above cap assessments; the number of Consumers
affected; the number of calls affected; a breakdown of the above cap
assessments by Facility and International Destination; and a
statement as to whether the above cap assessments have been refunded
to Consumers.
(9)(g) Other International Rate Offerings: Your responses to
Parts IV.B.(9)(a) through IV.B.(9)(f) will provide, either on a
Facility-by-Facility basis or, if certain conditions are met, a
contract-level basis, detailed international rate information for
each international rate destination that to which ICS calls were
placed from a particular Facility during the Reporting Period. In
the Word template, provide link(s) to publicly available web page(s)
setting forth the rates at which you offered international ICS
during the Reporting Period for International Destinations that were
not called from a particular Facility during the Reporting Period.
(9)(h) Additional Information: In the Word template, provide any
additional information needed to ensure that your entries for
International Rates are full and complete.
C. ICS Rates Above the Maximum Rates Permitted Under the
Commission's Rate Cap Rules
This section requires you to provide additional information
regarding the Interstate and International rates charged for ICS
calls from each Facility for which you entered ``Yes'' in response
to items IV.B.(8)(d) and IV.B.(9)(d). Enter ``N/A: No Charges Above
the FCC Rate Caps'' at the top of the sheet C. of the Excel template
if you entered ``No'' for every Facility you served during the
Reporting Period in response to items IV.B.(8)(d) and IV.B.(9)(d).
Enter your responses for items IV.C.(1) through IV.C.(3) in the
Excel template, and items IV.C.(4) through IV.C.(6) in the Word
template.
(1) Contract Identifier: In this column, provide a unique
identifier for each contract for the Provider's provision of ICS
that was in effect during the Reporting Period.
(2) Name of Facilities Covered by Contract: In this column, for
each individual contract listed in response to item IV.C.(1), enter
the name of every Facility served under that contract during the
Reporting Period.
(3) Rate Information: In these columns, provide additional
information regarding the Interstate and International rates charged
for ICS calls from each Facility for which you entered ``Yes'' in
response to items IV.B.(8)(d) and IV.B.(9)(d).
(3)(a) Applicable Period: Provide the relevant period during
which you charged each reported rate in a MM/DD/YYYY format (e.g.,
``03/22/2022 to 07/15/2022'').
(3)(b) Interstate Rates: Complete all items below for your
Interstate ICS rates charged during the Reporting Period.
(3)(b)(i) Total Rate: If your total combined Interstate rate
(i.e., the sum of Provider-Related Rate Component and Facility-
Related Rate Component) and/or a component thereof exceeded the
maximum rate permitted under the Rate Cap Rules, report the total
per-minute rate that your charged.
(3)(b)(ii) Provider Rate: If your total combined Interstate rate
and/or a component thereof exceeded the maximum rate permitted under
the Rate Cap Rules, report the Provider-Related Rate Component of
the rate that you charged.
(3)(b)(iii) Facility Rate: If your total combined Interstate
rate and/or a component thereof exceeded the maximum rate permitted
under the Rate Cap Rules, report the Facility-Related Rate Component
of the rate that you charged.
(3)(b)(iv) Facility Rate Type: Indicate the nature of the rate
that you reported in (3)(b)(iii). Select ``Contract'' if the
facility rate component is required by your contract with the
Facility. Select ``State Law'' if the facility rate component is
required by a state statute, law, or regulation applicable to your
rate.
(3)(c) International Rates: Complete all items below for your
International ICS rates charged during the Reporting Period.
(3)(c)(i) Total Rate: If your total per-minute International ICS
rate (i.e., the sum of the domestic portion and any termination
charge) and/or a component thereof exceeded the maximum rate
permitted under the Rate Cap Rules, report the total per-minute rate
that your charged.
(3)(c)(ii) Termination Charge: If your total per-minute
International ICS rate or your termination charge exceeded the
maximum amount permitted under the Rate Cap Rules, report the
termination charge that you charged.
(4) Explanation of Above Cap Interstate Rates: In the Word
template, explain in detail the circumstances surrounding each
Interstate ICS rate you charged that exceeded the maximum amount
permissible under the Commission's Rate Cap Rules. This explanation
shall include, among other relevant information, the circumstances
leading to the above cap charges; the total amount of above cap
charges; the number of Consumers affected; the number of calls
affected; a breakdown of the above cap charges by Facility; and a
statement as to the extent to which the above cap assessments have
been refunded to Consumers.
(5) Explanation of Above Cap International Rates: In the Word
template, explain in detail the circumstances surrounding each
International ICS rate you charged that exceeded the maximum amount
permissible under the Commission's Rate Cap Rules. This explanation
shall include, among other relevant information, the circumstances
leading to the above cap charges; the total amount of above cap
charges; the number of Consumers affected; the number of calls
affected; a breakdown of the above cap charges by Facility; and a
statement as to the extent to which the above cap assessments have
been refunded to Consumers.
(6) Additional Information: In the Word template, provide any
additional information needed to ensure that your entries for ICS
Rates Above the Maximum Rates Permitted Under the Commission's Rate
Cap Rules are full and complete.
[[Page 47114]]
D. Ancillary Service Charges
This section requires you to provide, on a Facility-by-Facility
basis, information regarding any Ancillary Services you offered
during the Reporting Period. Enter your responses for items IV.D.(1)
through IV.D.(3) in the Excel template, and items IV.D.(4) through
IV.D.(8) in the Word template.
(1) Contract Identifier: In this column, provide a unique
identifier for each contract for the Provider's provision of ICS
that was in effect during the Reporting Period.
(2) Name of Facilities Covered by Contract: In this column, for
each individual contract listed in response to item IV.D.(1), enter
the name of every Facility served under that contract during the
Reporting Period.
(3) Ancillary Service Charges: The Excel template contains
columns for Automated Payment Service, Live Agent Service, Paper
Bill/Statement Service, Single-Call and Related Services, and Third-
Party Financial Transaction Services, and a placeholder column for
Other Ancillary Services. Each Ancillary Service column contains up
to eleven sub-columns, (3)(a)-(g), as described below. Using these
sub-columns, you must indicate whether you assessed an Ancillary
Service Charge at the relevant Facility during the Reporting Period,
and report the jurisdictional nature of the charge, the amount you
billed to Consumers per transaction, whether the Ancillary Service
Charge is fixed or variable, the total number of times each charge
was assessed, and information regarding Single-Call and Related
Services fees and Third-Party Financial Transaction Fees. For any
Ancillary Service Charges you assessed on Consumers that are not
listed, use the placeholder column for Other Ancillary Services and
change the column name (e.g., Other-Connection Fee) and repeat this
column as needed.
(3)(a) Billed (Yes/No): In this column, enter ``Yes'' if you
assessed an Ancillary Service Charge to Consumers.
(3)(b) Jurisdiction: In this column, enter ``Intrastate only,''
``Interstate/International only,'' or ``Both,'' depending on the
jurisdictional nature of the Ancillary Service Charge.
(3)(c) Amounts Billed for Ancillary Service Charges: In this
column, report the maximum amount per transaction billed to
Consumers for each type of Ancillary Service Charge that you
assessed.
(3)(d) Fixed or Variable Fees: In this column, report whether
the Ancillary Service Charge is fixed or varied based on the
transaction amount or other factors.
(3)(e) Number of Times Each Charge Has Been Assessed: In this
column, report the total number of times you assessed each Ancillary
Service Charge to Consumers from each Facility during the Reporting
Period. The number must be reported by Facility, not by Consumer,
and must be for any amounts billed, not just the maximum amount
billed, to Consumers.
(3)(f) Third-Party Single Call and Related Services Fees: In
this column, provide the name of each Third Party for which you
passed through to Consumers a transaction fee for Single Call and
Related Services Fees during the Reporting Period. Enter N/A if you
did not pass through any such transaction fees during the reporting
period.
(3)(f)(1): For each third party identified in response to item
IV.D(3)(f), state the number of times you passed through to
Consumers a transaction fee for Single Call and Related Services
during the Reporting Period. Enter N/A if you did not pass through
any such transaction fees during the reporting period.
(3)(f)(2): For each third party identified in response to item
IV.D(3)(f), provide the total amount of transaction fees for Single
Call and Related Services that you passed through to Consumers
during the Reporting Period. Enter N/A if you did not pass through
any such transaction fees during the reporting period.
(3)(g) Third Party Financial Transaction Fees: In this column,
provide the name of each Third Party for which you passed through to
Consumers Third Party Financial Transaction Fees during the
Reporting Period. Enter N/A if you did not pass through any such
transaction fees during the reporting period.
(3)(g)(1): For each third party identified in response to item
IV.D(3)(g), state the number of times you passed through to
Consumers a Third Party Financial Transaction Fees during the
Reporting Period. Enter N/A if you did not pass through any such
transaction fees during the reporting period.
(3)(g)(2): For each third party identified in response to item
IV.D(3)(g), provide the total amount of Third Party Financial
Transaction Fees that you passed through to Consumers during the
Reporting Period. Enter N/A if you did not pass through any such
transaction fees during the reporting period.
(4) Above Cap Ancillary Service Charges: If any of your answers
for item IV.D.(3)(c), Amounts Billed for Ancillary Service Charges,
exceeds the maximum charges permitted under the Commission's
Ancillary Service Charge Rules, explain in detail in the Word
template the circumstances surrounding the above cap charges. This
explanation shall include, among other relevant information, the
circumstances leading to the above cap charges; the total amount of
above cap charges; the number of Consumers affected; a breakdown of
the above cap charges by type of charge and frequency for each
relevant Facility; and a statement as to the extent to which the
above cap charges have been refunded to Consumers.
(5) Variable Ancillary Service Charges: If any of your answers
for item IV.D.(3)(d), Fixed or Variable Fees, is variable, explain
in the Word template how the variable fee is calculated, and provide
the allocation and/or methodology for the variable fee, if
applicable.
(6) Allocation of Reported Number: If any of your answers for
item IV.D.(3)(e), Number of Times Each Charge Has Been Assessed,
reflects an allocation of Ancillary Service Charge payments among
Facilities, explain in the Word template why an allocation is
necessary and provide the methodology used to perform the
allocation.
(7) Calculating Variable Service Fees: In the Word template,
explain in detail how you calculated variable service fees charged
to consumers for using ancillary services.
(8) Additional Information: In the Word template, provide any
additional information needed to ensure that your entries for
Ancillary Service Charges are full and complete.
E. Site Commissions
This section requires you to report, for each Facility you
served during the Reporting Period, your total average monthly Site
Commission payments and to divide those payments into certain
specified categories. Enter your responses for items IV.E.(1)
through IV.E.(4) in the Excel template, and items IV.E.(5) through
IV.E.(8) in the Word template.
Each category's monthly average shall be calculated by dividing
the total Site Commission payments for that category during the
Reporting Period by number of months during which you provided ICS
during the Reporting Period. Each of your entries shall be a dollar
amount, except that you shall enter ``N/A'' for categories for which
you had no Site Commission payments during the Reporting Period.
(1) Contract Identifier: In this column, provide a unique
identifier for each contract for the Provider's provision of ICS
that was in effect during the Reporting Period.
(2) Name of Facilities Covered by Contract: In this column, for
each individual contract listed in response to item IV.E.(1), enter
the name of every Facility served under that contract during the
Reporting Period.
(3) Monthly Site Commission Payments: Report, for each Facility
you served during the Reporting Period, the dollar amount of your
average monthly Site Commission payments during the Reporting
Period. Enter ``N/A'' for the sub-columns if you did not pay the
applicable Site Commission.
(3)(a) Legally Mandated Site Commission Payments: Report, for
each Facility you served during the Reporting Period, the dollar
amount of your average monthly Legally Mandated Site Commission
payments during the Reporting Period.
(3)(a)(i) Monetary Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your average monthly Legally Mandated Site Commission payments
that were Monetary Site Commission payments.
(3)(a)(i)(1) Fixed Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your average monthly Legally Mandated, Monetary Site Commission
payments that were Fixed Site Commission payments.
(3)(a)(i)(2) Variable Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your average monthly Legally Mandated, Monetary Site Commission
payments that were Variable Site Commission payments.
(3)(a)(ii) In-Kind Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your average monthly Legally Mandated Site Commission payments
that were In-Kind Site Commission payments.
[[Page 47115]]
(3)(a)(ii)(1) Fixed Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your average monthly Legally Mandated, In-Kind Site Commission
payments that were Fixed Site Commission payments.
(3)(a)(ii)(2) Variable Site Commission Payments: Report, for
each Facility you served during the Reporting Period, the dollar
amount of your average monthly Legally Mandated, In-Kind Site
Commission payments that were Variable Site Commission payments.
(3)(b) Contractually Prescribed Site Commission Payments:
Report, for each Facility you served during the Reporting Period,
the dollar amount of your average monthly Contractually Prescribed
Site Commission payments.
(3)(b)(i) Monetary Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your average monthly Contractually Prescribed Site Commission
payments that were Monetary Site Commission payments.
(3)(b)(i)(1) Fixed Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your average monthly Contractually Prescribed, Monetary Site
Commission payments that were Fixed Site Commission payments.
(3)(b)(i)(2) Variable Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your average monthly Contractually Prescribed, Monetary Site
Commission payments that were Variable Site Commission payments.
(3)(b)(ii) In-Kind Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your average monthly Contractually Prescribed Site Commission
payments that were In-Kind Site Commission payments.
(3)(b)(ii)(1) Fixed Site Commission Payments: Report, for each
Facility you served during the Reporting Period, the dollar amount
of your Legally Mandated, In-Kind Site Commission payments that were
Fixed Site Commission payments.
(3)(b)(ii)(2) Variable Site Commission Payments: Report, for
each Facility you served during the Reporting Period, the dollar
amount of your average monthly Contractually Prescribed, In-Kind
Site Commission payments that were Variable Site Commission
payments.
(4) Total Site Commission Amount Paid: For each Facility you
served during the Reporting Period, report the total dollar amount
of your Site Commission payments during the Reporting Period.
(4)(a) Total Fixed Site Commissions Amount Paid: In this column,
enter the total dollar amount in Fixed Site Commissions you paid to
the Facility during the Reporting Period.
(4)(b) Total Variable Site Commissions Amount Paid: In this
column, enter the total dollar amount in Variable Site Commissions
you paid to the Facility during the Reporting Period.
(5) Allocation of Reported Amount: If any amount reported for
items in IV.E.(3)-(4) reflects an allocation of Site Commission
payments among Facilities covered by a given contract, explain in
the Word template why an allocation is necessary, provide the
methodology used to perform the allocation, and explain why you
chose the particular allocation method. For each amount reflecting
an allocation of Site Commission payments among Facilities covered
by a given contract, you must identify each Facility to which that
amount has been allocated and include the contract identifier
information for each Facility covered by that contract.
(6) In-Kind Site Commission: Describe in the Word template your
in-kind Site Commission payments in detail, including the valuation
methodology you used for your responses in the Excel Template.
Specifically describe each Security Service that you classify as an
In-Kind Site Commission payment. Also specifically describe any
other payment, gift, exchange of services or goods, fee, technology
allowance, or product that you classify as an In-Kind Site
Commission payment.
(7) Legal Authority for Legally Mandated Site Commission
Payments: For any Legally Mandated Site Commission payments reported
in item IV.E.(3)(a) above, provide a citation to the authority
requiring the Legally Mandated Site Commission at the Facility.
(8) Additional Information: In the Word template, provide any
additional information needed to ensure that your entries for Site
Commissions are full and complete.
F. Disability Access
43. This section directs you to provide, on a Facility-by-
Facility basis, information regarding any completed calls that
utilized the Disability Access services you offer during the
Reporting Period. Enter your responses for items IV.F.(1) through
IV.F.(10) in the Excel template, and items IV.F.(11) through
IV.F.(13) in the Word template.
(1) Contract Identifier: In this column, provide a unique
identifier for each contract for the Provider's provision of ICS
that was in effect during the Reporting Period.
(2) Name of Facilities Covered by Contract: In this column, for
each individual contract listed in response to item IV.F.(1), enter
the name of every Facility served under that contract during the
Reporting Period.
(3) Number of Disability-Related Calls: In this column, list the
number of TTY-based ICS calls made in that Facility during the
Reporting Period.
(4) Number of Dropped Disability-Related Calls: In this column,
list the number of dropped TTY-based ICS calls made in that Facility
during the Reporting Period.
(5) Number of Complaints Regarding Problems Experienced with
Disability-Related Calls: In this column, provide the number of
complaints received by the Provider related to a problem with TRS or
TTY-based ICS calls made in that Facility during the Reporting
Period. These problems could include, for example, dropped calls and
calls with poor quality connections.
(6) Ancillary Service Charges: In this column, list each type of
Ancillary Service Charge you assessed during the Reporting Period
for access to or use of TTY equipment or other disability-related
ICS technologies at the relevant Facility.
(7) Billed (Yes/No): In this column, enter ``Yes'' if you
assessed an Ancillary Service Charge to Consumers of TTY-based
calls.
(8) Jurisdiction: In this column, enter ``Intrastate only,''
``Interstate only,'' or ``Both,'' depending on the jurisdictional
nature of the Ancillary Service Charge.
(9) Amounts Billed for Ancillary Service Charges: In this
column, report the total amount billed to Consumers of TTY-based
calls for each type of Ancillary Service Charge that you assessed.
If there was no cost to the Consumer, report the amount billed as
zero.
(10) Number of Times Each Charge Has Been Assessed: In this
column, report the total number of times you assessed each Ancillary
Service Charge to Consumers of TTY-based calls at each Facility
during the Reporting Period. The number must be reported by
Facility, not by Consumer, and must be for any amounts billed, not
just the maximum amount billed, to Consumers.
(11) Above Cap TTY-Based Ancillary Service Charges: If any of
your answers for item IV.F.(9), Amounts Billed for Ancillary Service
Charges, exceeds the maximum charges permitted under the
Commission's Ancillary Service Charge Rules, explain in detail in
the Word template the circumstances surrounding the above cap
charges. This explanation shall include, among other relevant
information, the circumstances leading to the above cap charges; the
total amount of above cap charges; the number of Consumers affected;
a breakdown of the above cap charges by type of charge and frequency
for each relevant Facility; and a statement as to the extent to
which the above cap charges have been refunded to Consumers.
(12) Allocation of Reported Number: If a reported number of
times each charge has been assessed reflects an allocation of
Ancillary Service Charge payments among Facilities, explain in the
Word template why an allocation is necessary, provide the
methodology used to perform the allocation, and why you chose the
particular allocation method.
(13) Additional Information: In the Word template, provide any
additional information needed to ensure that your entries for
Disability Access are full and complete.
V. Annual Certificate Requirements
Each Provider of Inmate Calling Services must submit a signed
certification form as part of Annual Report. The Chief Executive
Officer (CEO), Chief Financial Officer (CFO), or other senior
executive of the Provider must complete the form and certify that,
based the executive's own reasonable inquiry, that all statements
and information contained in the Provider's Annual Report are true,
accurate, and complete. The Certification Form is Appendix C to
these Instructions.
(1) Name of Service Provider: Provide the name under which the
provider offers ICS. If the provider offers ICS under more than one
name, provide all relevant names.
[[Page 47116]]
(2) Reporting Years: Provide the relevant time period for the
information the certification covers.
(3) Officer Name, Title: Provide the name and title of the
officer completing the certification form. The officer must be the
CEO, CFO, or other senior executive who can attest to the
truthfulness, accuracy, and completeness of the information
provided.
(4) Mailing Address of Officer: Provide the business mailing
address of the officer identified in item V.(3).
(5) Telephone Number: Provide the business telephone number,
with area code, of the officer identified in item V.(3).
(6) Email Address: Provide the business email address of the
officer identified in item V.(3).
(7) Certification: This item requires the person who signs the
certification form on behalf of the service provider to declare,
under penalty of perjury, that (1) the signatory is an officer of
the above-named service provider and is authorized to submit the
attached Annual Report on behalf of the service provider; (2) the
signatory has examined the attached Annual Report and determined
that all requested information has been provided; and (3) based on
information known to the signatory, or provided to the signatory by
employees responsible for the information being submitted, and on
the signatory's own reasonable inquiry, all statements and
information contained in the provider's Annual Report are true,
accurate, and complete.
(8) Signature of Authorized Officer: The signature of the
officer identified in item V.(3) is required in this block.
(9) Date: The date the officer identified in item V.(3) signs
the form is required in this block.
(10) Printed Name of Authorized Officer: The printed name of the
officer identified in item V.(3) is required in this block.
[FR Doc. 2022-16146 Filed 8-1-22; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on August 2, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.