Rule2022-22530
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
October 17, 2022
Effective
October 17, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, an information collection associated with the Annual Reports Adoption Order issued by the Commission's Wireline Competition Bureau (WCB or Bureau) on June 24, 2022. In that Order, WCB adopted instructions, a reporting template, and a certification form related to an Annual Report data collection regarding calling services for incarcerated people. The instant document is consistent with the Annual Reports Adoption Order, which indicated that the Commission will publish a document in the Federal Register announcing that OMB approved the data collection and establishing an effective date for the actions in the Order.
Full Text
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<title>Federal Register, Volume 87 Issue 199 (Monday, October 17, 2022)</title>
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[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Rules and Regulations]
[Pages 62736-62737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22530]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[WC Docket No. 12-375, DA 22-676; FR ID 109242]
Rates for Interstate Inmate Calling Services
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) announces that the Office of Management and Budget (OMB)
has approved, for a period of three years, an information collection
associated with the Annual Reports Adoption Order issued by the
Commission's Wireline Competition Bureau (WCB or Bureau) on June 24,
2022. In that Order, WCB adopted instructions, a reporting template,
and a certification form related to an Annual Report data collection
regarding calling services for incarcerated people. The instant
document is consistent with the Annual Reports Adoption Order, which
indicated that the Commission will publish a document in the Federal
Register announcing that OMB approved the data collection and
establishing an effective date for the actions in the Order.
DATES: The Annual Reports Adoption Order, DA 22-676, including the
reporting instructions, template, and certification form adopted in
that Order, published August 2, 2022, at 87 FR 47103, is effective on
October 17, 2022.
FOR FURTHER INFORMATION CONTACT: Erik Raven-Hansen, Pricing Policy
Division, Wireline Competition Bureau, (202) 418-1532, or email
<a href="/cdn-cgi/l/email-protection#e18493888acf938097848fcc89808f92848fa1878282cf868e97"><span class="__cf_email__" data-cfemail="99fcebf0f2b7ebf8effcf7b4f1f8f7eafcf7d9fffafab7fef6ef">[email protected]</span></a><a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="17395771747439707861">[email protected]</a>.
SUPPLEMENTARY INFORMATION: This document announces that, on October 3,
2022, OMB approved, for a period of three years, the information
collection requirements adopted on June 24, 2022, in the Annual Reports
Adoption Order, DA 22-676, published at 87 FR 47103 (August 2, 2022).
The OMB Control Number is 3060-1222. The Commission publishes this
document as an announcement of the effective date of the requirements
for the Annual Report Collection.
In the Annual Reports Adoption Order, WCB directed that
requirements for the Annual Reports adopted in that Order would become
effective on the date specified in a document to be published in the
Federal Register announcing OMB approval. Annual Reports must be filed
on April 1 of each year. We note that the next inmate calling services
(ICS) providers' responses to the Annual Report data collection are due
no later than Monday, April 3, 2023 because April 1, 2023, falls on a
Saturday.
If you have any comments on the Annual Report data collection, or
how the Commission can improve the collections and reduce any burdens
caused thereby, please contact Nicole Ongele, Federal Communications
Commission, 45 L Street NE, Washington, DC 20002. Please include the
OMB Control Number, 3060-1222, in your correspondence. The Commission
will also accept your comments via email at <a href="/cdn-cgi/l/email-protection#8adad8cbcaece9e9a4ede5fc"><span class="__cf_email__" data-cfemail="49191b08092f2a2a672e263f">[email protected]</span></a>.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to <a href="/cdn-cgi/l/email-protection#52343131676266123431317c353d24"><span class="__cf_email__" data-cfemail="1b7d78782e2b2f5b7d7878357c746d">[email protected]</span></a> or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
October 3, 2022, for the information collection requirements contained
in WCB's Annual Reports Adoption Order. Under 5 CFR part 1320, an
agency may not conduct or sponsor a collection of information unless it
displays a current, valid OMB Control Number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the Paperwork Reduction Act that does not
display a current, valid OMB Control Number. The OMB Control Number is
3060-1222.
The foregoing notification is required by the Paperwork Reduction
Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total data collection burdens and costs for the respondents are
as follows:
OMB Control Number: 3060-1222.
OMB Approval Date: October 3, 2022.
OMB Expiration Date: October 31, 2025.
Title: Inmate Calling Services (ICS) Provider Annual Reporting,
Certification, Consumer Disclosure, and Waiver Request Requirements, WC
Docket No. 12-375, FCC 21-60.
Form Numbers: FCC Form 2301(a) and FCC Form 2301(b).
Respondents: Business or other for profit.
Number of Respondents and Responses: 20 respondents; 23 responses.
Estimated Time per Response: 5 hours-120 hours.
Frequency of Response: Annual reporting and certification
requirements, third party disclosure and waiver request requirements.
[[Page 62737]]
Total Annual Burden: 3,740 hours.
Total Annual Cost: No cost.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in
sections 1, 4(i)-(j), 201(b), 218, 220, 225, 255, 276, 403, and 617 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i)-(j),
201(b), 218, 220, 225, 255, 276, 403, and 617.
Privacy Act Impact Assessment: No Impact(s).
Nature and Extent of Confidentiality: The Protective Order in the
Commission's ICS proceeding, WC Docket 12-375, 28 FCC Rcd 16954 (WCB
2013), provides confidential treatment for the proprietary information
submitted by ICS providers in response to the Commission's directives.
The Commission will treat as presumptively confidential any particular
information identified as confidential by the provider in accordance
with the Freedom of Information Act and Commission rules. Each
confidential document should be stamped and submitted to the
Secretary's Office with an accompanying cover letter, as specified by
the Protective Order.
Needs and Uses: Section 201 of the Communications Act of 1934, as
amended (Act), 47 U.S.C 201, requires that ICS providers' interstate
and international rates and practices be just and reasonable. Section
276 of the Act, 47 U.S.C. 276, requires that payphone service providers
(including ICS providers), be fairly compensated for completed calls.
In 2015, the Commission released the Second Report and Order and
Third Notice of Further Proposed Rulemaking, WC Docket No. 12-375, 30
FCC Rcd 12763, (2015 ICS Order), in which the Commission required that
ICS providers file Annual Reports providing data and other information
on their ICS operations, as well as Annual Certifications that reported
data are complete and accurate and comply with the Commission's ICS
rules. Pursuant to the authority delegated it by the Commission in the
2015 ICS Order, the Bureau created a standardized reporting template
(FCC Form No. 2301(a)) and a related certification of accuracy (FCC
Form No. 2301(b)), as well as instructions to guide providers through
the reporting process. The instructions explain the reporting and
certification requirements and reduce the burden of the data
collection. (ICS Annual Reporting Form (2017-2019), <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a>; ICS Annual Reporting
Certification Form, <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a>).
In 2021, the Commission released the Third Report and Order, Order
on Reconsideration, and Fifth Further Notice of Proposed Rulemaking
(2021 ICS Order), WC Docket No. 12-375, 36 FCC Rcd (2021), in which it
revised its rules by adopting, among other things, lower interim rate
caps for interstate calls. The rules necessitated changes to the Annual
Reports in order to simplify compliance with and reduce the burden of
the data collection. On December 15, 2021, the Bureau issued a Public
Notice, WC 12-375, DA 21-1583 (WCB December 15, 2021), seeking comment
on its proposed revisions to the instructions and annual reporting and
certification templates for the Annual Reports. After considering the
comments and replies submitted in response to the Public Notice, the
Bureau released the Annual Reports Adoption Order on June 24, 2022,
revising the instructions, standardized reporting template, and the
certification of accuracy. See <a href="https://www.fcc.gov/document/wcb-announces-ics-annual-reporting-and-certification-revisions">https://www.fcc.gov/document/wcb-announces-ics-annual-reporting-and-certification-revisions</a>. The Order
largely adopted the proposals contained in the Public Notice, with
certain minor refinements and reevaluations responsive to comments and
replies filed in response to the Public Notice.
Under the Bureau's Order, ICS providers must continue to submit all
reports using the electronic template provided by the Commission, and
to provide the data in a machine-readable, manipulatable format. The
reporting requirements cover the general categories proposed in the
Public Notice. 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 adopted reporting requirements
for interstate, international, and intrastate ICS rates as proposed,
with minor revisions. Further, the Bureau adopted the reporting
requirements for ancillary service charges assessed by ICS providers as
proposed, with certain revisions. In addition, the Bureau adopted the
reporting requirements as proposed concerning site commissions, with
minor revisions. The Bureau also revised the instructions and reporting
template to match these revisions, and to more precisely target the
information to be reported in connection with providers' disability
access services.
Federal Communications Commission.
Lynne Engledow,
Deputy Chief, Pricing Policy Division, Wireline Competition Bureau.
[FR Doc. 2022-22530 Filed 10-14-22; 8:45 am]
BILLING CODE 6712-01-P
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