Proposed Rule2023-17076
Wireline Competition Bureau and the Consumer and Governmental Affairs Bureau Seek Comment on Revisions to Providers' Annual Reporting and Certification Requirements
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Published
August 9, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireline Competition Bureau (WCB) and the Consumer and Governmental Affairs Bureau (CGB) (collectively, the Bureaus) of the Federal Communications Commission (FCC or the Commission) seek comment on proposed revisions to the instructions and templates for the Annual Reports and Annual Certifications submitted by certain providers of incarcerated people's communications services (IPCS).
Full Text
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<title>Federal Register, Volume 88 Issue 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Proposed Rules]
[Pages 53850-53855]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17076]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[WC Docket Nos. 12-375, 23-62; DA 23-656; FR ID 161579]
Wireline Competition Bureau and the Consumer and Governmental
Affairs Bureau Seek Comment on Revisions to Providers' Annual Reporting
and Certification Requirements
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; solicitation of comments.
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SUMMARY: In this document, the Wireline Competition Bureau (WCB) and
the Consumer and Governmental Affairs Bureau (CGB) (collectively, the
Bureaus) of the Federal Communications Commission (FCC or the
Commission) seek comment on proposed revisions to the instructions and
templates for the Annual Reports and Annual Certifications submitted by
certain providers of incarcerated people's communications services
(IPCS).
DATES: Comments are due September 8, 2023; and reply comments are due
September 25, 2023.
ADDRESSES: You may submit comments, identified by WC Docket Nos. 23-62,
12-375, by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the Electronic Comment Filing System
(ECFS): <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. Filings can be sent by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. Currently, the Commission does not accept any hand
or messenger delivered filings as a temporary measure taken to help
protect the health and safety of individuals, and to mitigate the
transmission of COVID-19. All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications
Commission.
The Commission adopted a new Protective Order in this proceeding
which incorporates all materials previously designated by the parties
as confidential. Filings that contain confidential information should
be appropriately redacted and filed pursuant to the procedure described
in that Order.
People with Disabilities: 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#c9afaaaafcf9fd89afaaaae7aea6bf"><span class="__cf_email__" data-cfemail="a4c2c7c7919490e4c2c7c78ac3cbd2">[email protected]</span></a>, or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice) or
(202) 418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Amy Goodman, Pricing Policy Division,
Wireline Competition Bureau, at (202) 418-1549 or via email at
<a href="/cdn-cgi/l/email-protection#6b2a0612452c04040f060a052b0d0808450c041d"><span class="__cf_email__" data-cfemail="a5e4c8dc8be2cacac1c8c4cbe5c3c6c68bc2cad3">[email protected]</span></a> or Michael Scott, Consumer and Governmental Affairs
Bureau, at (202) 418-1264 or via email at <a href="/cdn-cgi/l/email-protection#9ad7f3f9f2fbfff6b4c9f9f5eeeedafcf9f9b4fdf5ec"><span class="__cf_email__" data-cfemail="420f2b212a23272e6c11212d3636022421216c252d34">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Public
Notice, DA 23-656, released August 3, 2023. The full text of this
document is available at the following internet address: <a href="https://www.fcc.gov/document/2023-incarcerated-peoples-communications-services-annual-reports-pn">https://www.fcc.gov/document/2023-incarcerated-peoples-communications-services-annual-reports-pn</a>. The full text of the draft instructions, templates,
and certification form discussed in the document are available at the
following internet address: <a href="https://www.fcc.gov/proposed-2023-ipcs-annual-reports">https://www.fcc.gov/proposed-2023-ipcs-annual-reports</a>.
Synopsis
1. By this document, the Wireline Competition Bureau (WCB) and the
Consumer and Governmental Affairs Bureau (collectively, the Bureaus)
seek comment on proposed revisions to the instructions and templates
for the Annual Reports and Annual Certifications that the Commission
requires certain providers of
[[Page 53851]]
incarcerated people's communications services (IPCS) to submit pursuant
to the Commission's regulations in 47 CFR part 64. IPCS providers that
are classified as inmate calling services (ICS) providers under the
Commission's rules are required to make these filings to enable the
Commission to monitor and track trends in the IPCS marketplace,
increase provider transparency, and ensure compliance with the
Commission's rules. In issuing this document, the Bureaus propose
changes to reflect expanded reporting requirements regarding access to
IPCS by persons with communication disabilities, including
Telecommunications Relay Service (TRS) access, and the addition of
video IPCS data necessary to help implement the Martha Wright-Reed Just
and Reasonable Communications Act of 2022, Public Law 117-338, 136
Stat. 6156 (Martha Wright-Reed Act or Act).
2. In 2015, pursuant to delegated authority, WCB created
standardized reporting templates (FCC Form 2301(a)) for the Annual
Report and a related certification of accuracy (FCC Form 2301(b)), as
well as instructions to guide providers through the reporting process.
WCB amended the instructions, reporting templates, and certification
form in 2020 in order to improve the type and quality of the
information collected. In 2022, WCB again amended the instructions,
reporting templates, and certification form to reflect significant
reforms to the ICS rules adopted in the 2021 ICS Order, Rates for
Interstate Inmate Calling Services, final rule, 86 FR 40682, July 28,
2021 (2021 ICS Order) including 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.
3. Subsequent developments now require additional changes to the
instructions, reporting templates, and certification form. In the 2022
ICS Order, Rates for Interstate Inmate Calling Services, final rule, 87
FR 75496, December 9, 2022 (2022 ICS Order), the Commission adopted
requirements to improve access to communications services for
incarcerated people with communication disabilities and expanded the
scope of the Annual Reports to reflect those new requirements.
Specifically, the Commission required ICS providers to list, at a
minimum, for each facility served, the types of TRS that can be
accessed from the facility and the number of completed calls and
complaints for TTY-to-TTY calls, American Sign Language (ASL) point-to-
point video calls, and each type of TRS for which access is provided.
The Commission also eliminated the safe harbor, adopted in 2015, that
had exempted providers from any TRS-related reporting requirements if
they either (1) operated in a facility that allowed the offering of
additional forms of TRS beyond those mandated by the Commission or (2)
had not received any complaints related to TRS calls. The Commission
found that the safe harbor was no longer appropriate given the expanded
reporting requirement for additional forms of TRS, and the importance
of transparency regarding the state of accessible communications in
incarceration settings. The Commission delegated authority to the
Bureaus to implement the expanded reporting obligations and to develop
a reporting form that will most efficiently and effectively elicit the
required information.
4. On January 5, 2023, the President signed into law the Martha
Wright-Reed Act, which expanded the Commission's statutory authority
over communications between incarcerated people and the non-
incarcerated, including ``any audio or video communications service
used by inmates . . . regardless of technology used.'' The new Act also
amends section 2(b) of the Communications Act of 1934, as amended (the
Communications Act), to make clear that the Commission's authority
extends to intrastate as well as interstate and international
communications services used by incarcerated people.
5. The Act directs the Commission to ``promulgate any regulations
necessary to implement'' the Act, including its mandate that the
Commission establish a ``compensation plan'' ensuring that all rates
and charges for IPCS ``are just and reasonable,'' not earlier than 18
months and not later than 24 months after the Act's January 5, 2023
enactment date. The Act also requires the Commission to consider, as
part of its implementation, the costs of ``necessary'' safety and
security measures, as well as ``differences in costs'' based on
facility size, or ``other characteristics.'' It also allows the
Commission to ``use industry-wide average costs of telephone service
and advanced communications services and the average costs of service
of a communications service provider'' in determining just and
reasonable rates.
6. Pursuant to the directive that the Commission implement the new
Act and establish just and reasonable rates for IPCS services, the
Commission released the 2023 IPCS Notice, Incarcerated People's
Communications Services; Implementation of the Martha Wright-Reed Act;
Rates for Interstate Inmate Calling Services, Notice of Proposed
Rulemaking, 88 FR 20804, April 7, 2023 (2023 IPCS Notice), seeking
comment on how to interpret the Act's language to ensure that the
Commission implements the statute in a manner that fulfills Congress's
intent. Because the Commission is now required or allowed to consider
certain types of costs, the Act contemplates that it would undertake an
additional data collection. To ensure that it has the data necessary to
meet its substantive and procedural responsibilities under the Act, the
Commission adopted the 2023 IPCS Order, Incarcerated People's
Communications Services; Implementation of the Martha Wright-Reed Act;
Rates for Interstate Inmate Calling Services, Delegations of Authority;
Reaffirmation and Modification, 88 FR 19001, March 30, 2023 (2023 IPCS
Order), delegating authority to WCB and the Office of Economics and
Analytics (OEA) to modify the template and instructions for the most
recent data collection to the extent appropriate to timely collect such
information to cover the additional services and providers now subject
to the Commission's authority. On July 26, 2023, WCB and OEA released
an Order adopting instructions, a reporting template, and a
certification form to implement the 2023 Mandatory Data Collection.
2023 Mandatory Data Collection for Incarcerated People's Communications
Services, final order, 88 FR 51240, August 3, 2023.
7. In the 2023 IPCS Order, the Commission also reaffirmed and
updated its prior delegation of authority to the Bureaus to revise the
instructions and reporting templates for the Annual Reports.
Specifically, the Commission delegated to the Bureaus authority to
modify, supplement, and update the instructions and templates for the
Annual Reports, as appropriate to supplement the information the
Commission will receive in response to the 2023 Mandatory Data
Collection.
8. In the next sections, the Bureaus seek comment on their proposed
revisions to the Annual Report instructions, templates, and
certification form, which are necessary to reflect the revised
disability access rules adopted in the 2022 ICS Order and to help
implement the Martha Wright-Reed Act to ensure just and reasonable
rates for consumers and fair compensation for providers.
[[Page 53852]]
I. Overall Structure of the Annual Reporting and Certification
Requirements
9. Pursuant to their delegated authority, the Bureaus propose to
revise the Annual Report instructions, templates, and certification
form to be consistent with the Commission's 2022 amendments to the
annual reports rule and to include the additional services now subject
to the Commission's authority under the Martha Wright-Reed Act. The
Bureaus also propose minor improvements based on their experience
reviewing prior Annual Reports, which has persuaded us that revised
instructions would help providers better understand the requirements,
making the submitted reports more useful to the Commission and
consumers. As a general matter, the Bureaus propose to maintain the
existing Excel-format template and Word-format template for the Annual
Reports to better separate individual data items from narrative
responses and seek comment on this proposal. The Bureaus also seek
comment on these proposed revisions, generally, and on the specific
structure, content, and format of the proposed templates and
instructions attached hereto. The Bureaus likewise propose minor
revisions to the certification form. Are there other general changes or
additions the Bureaus should make to gather better or more accurate
data or to make the instructions clearer? Is there additional
information that the Bureaus should require providers to submit to
enable the Commission to better monitor compliance and industry trends,
or increase transparency to the public? Conversely, are there any
proposed instructions, inquiries, or data fields that should be removed
because they are unnecessary to ensure that providers report uniform
and accurate data and other information?
10. As has been the case with prior Annual Reports, the reporting
period is the calendar year immediately preceding the year during which
the Annual Report is due. Thus, the reporting period for the next
Annual Reports due on April 1, 2024 will be January 1, 2023 through
December 31, 2023.
A. General Proposals
11. The Bureaus seek comment on whether the proposed instructions
provide sufficient guidance to ensure that providers use uniform
methodologies and report the required information in a consistent
manner. Are there any additional changes that would help clarify the
instructions, including the definitions, and increase uniformity across
providers' responses? The Bureaus seek comment on all aspects of the
proposed instructions, including any proposed revisions not explicitly
addressed in this document.
12. General Categories of Information Requested. The proposed
instructions, like those for prior reports, require providers to submit
certain types of information related to their operations, IPCS rates,
ancillary service charges, site commissions, and disability access. As
a result of the Martha Wright-Reed Act, the proposed instructions would
require providers to submit intrastate, interstate, and international
information for both audio IPCS and video IPCS. Do the proposed
instructions describe these categories of data in sufficient detail? Is
there additional information that the Bureaus should require providers
to submit in any of these categories to enable the Commission to better
monitor compliance and industry trends, or increase transparency to the
public? Are there any additional changes the Bureaus should make to the
proposed instructions and templates to make them easier for providers
to understand? The Bureaus seek comment generally on the benefits and
burdens of their proposals, and whether additional changes to proposed
or existing reporting categories are warranted.
B. Specific Instructions
13. Definitions. The proposed instructions contain new and revised
definitions reflecting the Commission's expanded authority over IPCS.
The Bureaus seek comment on these definitions. Are they sufficiently
clear? If not, how should they be modified? Are there any undefined
terms the Bureaus should define? Are there any terms that should be
added to the proposed instructions that would help ensure that the
Commission receives all relevant data? If so, what are they and how
should they be defined? Should any proposed definitions be removed?
14. Facility and Contract Information. The proposed instructions
include a reference to a new Excel template that moves detailed
contract and facility information already collected on multiple
worksheets throughout the Excel template to a single worksheet.
Collecting this granular information on a single worksheet is intended
to help ensure consistent facility and contract-level reporting, and
eliminate the need to repeatedly enter such detailed information on
other worksheets throughout the Excel template. This change is intended
to reduce the amount of duplicative information required throughout the
report and consequently reduce the burden on providers. The Bureaus
seek comment on this proposal.
15. Audio and Video IPCS Rates. The proposed instructions and
templates continue to require providers to submit intrastate,
interstate, and international IPCS rates for audio services across a
number of categories, including: (i) highest 15-minute rate; (ii)
highest year-end 15-minute rate; and (iii) average per minute rate. For
interstate and international rates, the Bureaus require providers to
identify all rates charged in excess of the applicable rate caps. For
international rates, the Bureaus clarify that reported termination
charges should reflect the amount billed by the provider to the
consumer for termination to each international destination. The Bureaus
seek comment on whether these instructions are sufficiently clear.
16. To assist the Commission in determining just and reasonable
rates for video IPCS, consistent with the Martha Wright-Reed Act, the
Bureaus propose adopting a similar reporting approach for video IPCS.
The Bureaus propose adding new worksheets that collect the same rate
information for video IPCS as that collected for audio IPCS. The
Bureaus do not request information on video IPCS rates that exceed a
cap, since there is no rate cap for these services at this time. Is
this proposed approach the best way to collect information on video
IPCS rates? Are there additional rate categories for video IPCS that
the Bureaus should consider? Conversely, are there categories for audio
IPCS that should not be included for video IPCS? For example, the
proposed worksheets for international video IPCS exclude charges to
terminate communications to foreign countries because while these
charges apply to audio services, they may not apply to video services.
Do parties agree with this adjustment?
17. Because providers are already familiar with these reporting
categories for audio IPCS, the Bureaus expect that using the same rate
reporting approach for video IPCS will help minimize the burdens
associated with reporting this additional information regarding their
video services. The Bureaus seek comment on this assessment. Are there
other changes the Bureaus should make to the proposed rate reporting
structure that would minimize the burden on providers, without
sacrificing any necessary information or transparency? The Bureaus also
propose new questions seeking certain narrative information about the
reported rates for video IPCS and seek comment on these proposed
revisions.
[[Page 53853]]
18. The proposed worksheets for video IPCS rate information ask
providers to submit information for 15-minute intervals. The Bureaus
propose using a 15-minute interval because this is the rate interval
used for collecting data on audio IPCS and using the same interval
should allow for more meaningful rate comparisons. In addition, audio
call lengths are often limited to around 15 minutes. Do parties agree
with use of this session interval to evaluate video IPCS rates? If not,
what interval should the Bureaus use instead? The proposed Excel
template also seeks rate information for both domestic and
international video calls. The Bureaus seek comment on the extent to
which domestic video IPCS rates differ from international video IPCS
rates. Do the Bureaus need separate worksheets for domestic video IPCS
rates and international video IPCS rates? If the Bureaus decide to use
separate worksheets and some providers have the same rates for domestic
and international video IPCS, the Bureaus propose allowing providers
that charge the same rates to opt out of filing a separate worksheet
for international video IPCS. The Bureaus seek comment on this proposed
approach.
19. Finally, the Word template contains questions seeking narrative
information about provider operations, facilities, and services,
including new questions regarding video IPCS. The Bureaus seek comment
on these new questions. Is there additional information the Commission
should seek that would help increase transparency and compliance
without imposing unwarranted burdens on providers?
20. Ancillary Service Charges. The current instructions require
providers to report a variety of information about any ancillary
service charges they have assessed, and require a narrative explanation
concerning any methodologies used to allocate these charges among
facilities that are covered by a single contract, where applicable. The
Bureaus propose adding a new worksheet that collects the same ancillary
service charge information for video IPCS as that collected for audio
IPCS. Do the Bureaus need separate worksheets for audio and video
ancillary service charges or are these charges typically the same? If
the Bureaus decide to use separate worksheets, the Bureaus propose
allowing providers that charge identical ancillary service charges for
audio and video IPCS to opt out of filing a separate worksheet for
video services. The Bureaus seek comment on this approach. Is there any
additional information the Bureaus should seek regarding ancillary
service charges for audio or video IPCS?
21. Site Commissions. The current instructions 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 existing instructions also
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
Bureaus propose adding a new worksheet that collects the same site
commission payment information for video IPCS as that collected for
audio IPCS. The Bureaus seek comment on this approach or whether a
different approach should be considered. Is there any additional
information the Bureaus should seek related to site commission payments
made in connection with audio IPCS or video IPCS?
22. To the extent providers pay site commissions for both audio
IPCS and video IPCS on a per-provider, per-facility, or per-contract
basis, and those site commissions are fixed, the Bureaus propose
requiring providers to allocate such site commission payments between
audio IPCS and video IPCS based on their best estimate of the
percentage of the total amount of their fixed site commissions
attributable to each type of IPCS. The Bureaus also propose to direct
providers to explain, document, and justify, in the Word template, any
alternative methodology used to allocate fixed site commission payments
between audio IPCS and video IPCS. Do commenters agree with this
approach? Why or why not? Should the Bureaus require a different
allocation methodology to help ensure more consistent reporting of
fixed site commission payments that apply to multiple services? If so,
what methodology should the Bureaus require and why?
23. Disability Access and Related Considerations. The proposed
instructions modify providers' reporting obligations regarding the
provision of TTY-based TRS and TTY-to-TTY calling for incarcerated
people with hearing and speech disabilities, including any ancillary
service charges that providers have assessed for or in connection with
TTY-based calls. Providers would no longer be required to report the
number of dropped calls for TTY-based TRS or TTY-to-TTY calls, but
would still be required to report the number of calls and number of
complaints related to TTY-based TRS and TTY-to-TTY calls. The Bureaus
also propose updates to the instructions and the Excel template to
reflect the 2022 reforms to the Commission's rules. Under the proposed
changes to the ``Disability Access'' worksheet of the Excel template,
providers would report, on a facility-by-facility basis, for each of
the six kinds of TRS authorized by the Commission, (1) whether the
service was available for use at the facility during the reporting
period, (2) the number of calls made using the service, and (3) the
number of complaints regarding the service. The same information would
be collected for point-to-point video service and for TTY-to-TTY
calling. The Bureaus seek comment on whether these proposed changes
capture all of the information now required by the revised rules. If
not, what additional changes should the Bureaus make?
24. Miscellaneous. The proposed Excel template includes minor
changes designed to help reduce burdens and minimize provider error
when completing the worksheets. For instance, the proposed template
includes ``drop-down'' menus for data entry when there are only a few
answer options. It also includes new cell formatting that restricts the
data that can be entered (e.g., numbers vs. text). For the worksheets
that include rates paid for IPCS calls to international destinations,
the Bureaus propose to require providers to enter their international
destinations only once for each worksheet, instead of repeating this
information multiple times on each worksheet. The Bureaus seek comment
on these minor modifications. The Bureaus also seek comment on their
proposed minor updates to the certification form (e.g., inserting the
word ``Authorized'' before ``Officer''). Finally, the Bureaus ask for
suggestions on additional modifications to the instructions, Excel and
Word templates, and certification form that would make them clearer and
easier to use.
II. Procedural Matters
25. Ex Parte Presentations. This proceeding shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that
[[Page 53854]]
memoranda summarizing the presentation must (1) list all persons
attending or otherwise participating in the meeting at which the ex
parte presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda, or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in the prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with section 1.1206(b) of the Commission's rules.
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
26. Regulatory Flexibility Act. As required by the Regulatory
Flexibility Act, the Commission has prepared a Supplemental Initial
Regulatory Flexibility Analysis (Supplemental IRFA) of the possible
significant economic impact on small entities by the policies and rules
proposed in the document. The Supplemental IRFA supplements the
Commission's Regulatory Flexibility Analyses included in both the 2022
ICS Order, and in the 2023 IPCS Order and serves to further the process
of implementing the revised disability access rules requirements
adopted in the 2022 ICS Order and in the Martha Wright-Reed Act. The
Supplemental IRFA is set forth in Appendix B. The Commission requests
written public comments on the Supplemental IRFA. Comments must be
identified as responses to the Supplemental IRFA and must be filed by
the deadlines for comments provided in this document. The Commission
will send a copy of this document, including the Supplemental IRFA, to
the Chief Counsel for Advocacy of the Small Business Administration. In
addition, summaries of this document and the Supplemental IRFA will be
published in the Federal Register.
27. Initial Paperwork Reduction Act Analysis. The document, and the
attached instructions and templates, contain new or modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. It will be submitted to the OMB
for review under section 3507(d) of the PRA. OMB, the general public,
and other federal agencies are invited to comment on the new or
modified information collection requirements contained in this
proceeding. In addition, the Bureaus note that pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198; see 44
U.S.C. 3506(4), the Bureaus seek comment on how the Commission will
further reduce the information collection burden for small business
concerns with fewer than 25 employees.
Supplemental Initial Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Wireline Competition Bureau (WCB) and the Consumer
and Governmental Affairs Bureau (CGB) (collectively, the Bureaus) have
prepared this Supplemental Initial Regulatory Flexibility Analysis
(Supplemental IRFA) of the possible significant economic impact on
small entities by the policies and rules proposed in the document to
supplement the Commission's Regulatory Flexibility Analyses contained
in the Rates for Interstate Inmate Calling Services, Order and Notice
of Proposed Rulemaking, and in the Incarcerated People's Communications
Services; Implementation of the Martha Wright-Reed Act; Rates for
Interstate Inmate Calling Services, Notice of Proposed Rulemaking and
Order. The Bureaus request written public comment on this Supplemental
IRFA. Comments must be identified as responses to the Supplemental IRFA
and must be filed by the deadlines for comments provided on the first
page of the document.
A. Need for, and Objectives of, the Proposed Rules
2. In the document, the Bureaus seek comment regarding proposed
revisions to the instructions, templates, and certification form for
the Annual Reports submitted by providers of incarcerated people's
communications services (IPCS). In issuing the document, the Bureaus
act pursuant to the Commission's delegation of authority to the Bureaus
to modify, supplement, and update the Annual Report instructions,
templates, and certification form, as appropriate, to reflect revised
rules adopted in the 2022 ICS Order and to provide additional
information the Commission will need to implement the Martha Wright-
Reed Just and Reasonable Communications Act of 2022 (Martha Wright-Reed
Act or Act).
3. In the 2022 ICS Order, the Commission adopted requirements to
improve access to communications services for incarcerated people with
communication disabilities and expanded the scope of the Annual Reports
to reflect these changes. Under the proposed, expanded reporting
requirements, IPCS providers would be required to list, at a minimum,
for each facility served, the types of TRS that can be accessed from
the facility and the number of completed calls and complaints for TTY-
to-TTY calls, American Sign Language (ASL) point-to-point video calls,
and each type of TRS for which access is provided. The Commission also
eliminated the safe harbor adopted in 2015 concerning the reporting
requirement for TTY-based TRS calls. Additionally, the Commission
delegated authority to the Bureaus to implement the expanded reporting
obligations contained in the 2022 ICS Order and to develop a reporting
form that will most efficiently and effectively elicit the required
information.
4. On January 5, 2023, the President signed the Martha Wright-Reed
Act into law, thereby expanding the Commission's statutory authority
over communications between incarcerated people and the non-
incarcerated to include ``any audio or video communications service
used by inmates . . . regardless of technology used.'' The new Act also
amends section 2(b) of the Communications Act of 1934, as amended (the
Communications Act), to make clear that the Commission's authority
extends to intrastate as well as interstate and international
communications services used by incarcerated people. Further, the
Martha Wright-Reed Act also directs the Commission to ``promulgate any
regulations necessary to implement'' the Act, including its mandate
that the Commission establish a ``compensation plan'' ensuring that all
rates and charges for IPCS ``are just and reasonable,'' not earlier
than 18 months and not later than 24 months after the Act's January 5,
2023 enactment.
5. In accordance with the Martha Wright-Reed Act's directive, the
Commission released the 2023 IPCS Notice, which sought comment on how
to best interpret the Act's language in order to ensure the Commission
implemented the statute in a manner that fulfills Congress's intent. In
the 2023 IPCS Order, the Commission reaffirmed and updated its prior
delegation of authority to the Bureaus to revise the instructions and
reporting template for the Annual Reports. Specifically, the Commission
delegated
[[Page 53855]]
authority to the Bureaus to modify, supplement, and update those
instructions and templates as appropriate to supplement information WCB
will be receiving in response to the 2023 Mandatory Data Collection.
6. Pursuant to their delegated authority, the Bureaus have proposed
revisions to the instructions, templates, and certification form for
the Annual Reports and are issuing the document to seek comment on all
aspects of these proposed changes.
B. Legal Basis
7. The proposed action is authorized pursuant to sections 1, 2,
4(i)-(j), 5(c), 201(b), 218, 220, 225, 255, 276, 403, and 716 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i)-(j),
155(c), 201(b), 218, 220, 225, 255, 276, 403, and 617, and the Martha
Wright-Reed Act, Public Law 117-338, 136 Stat. 6156 (2022).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Would Apply
8. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed Annual Reports data collection. 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. noted above,
9. As noted above, Regulatory Flexibility Analyses were
incorporated in the 2022 ICS Order and the 2023 IPCS Notice. In those
analyses, the Commission described in detail the small entities that
might be affected. In this Supplemental IRFA, the Bureaus hereby
incorporate by reference the descriptions and estimates of the number
of small entities from the previous Regulatory Flexibility Analyses in
the 2022 ICS Order and 2023 IPCS Notice.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
10. The document seeks comment on the specifics of the proposed
revisions to the instructions, templates, and certification form to
ensure the Commission receives the data it needs for the Annual
Reports. The proposed data collection would require certain providers
that are classified as inmate calling services providers under the
Commission's rules to submit, among other things, data and other
information on providers' operations, IPCS rates, ancillary services,
site commissions, and disability access. The proposed data collection
may subject small and other providers to modified or new reporting or
other compliance obligations. In addition, the Bureaus recognize that
their actions in this proceeding may affect the reporting,
recordkeeping, and other compliance requirements for several groups of
small entities. At this time, the Bureaus do not have sufficient
information to determine whether the proposed revisions to the Annual
Reports data collection will require small entities to hire attorneys,
engineers, or other professionals to comply with the new rules. The
Bureaus, however, anticipate the information they receive in the
comments will help the Commission identify and evaluate relevant
compliance matters for small entities, including compliance costs and
other burdens that may result from the proposals and inquiries the
Bureaus make in the document.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities and Significant Alternatives Considered
11. 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.'' The Bureaus will consider these factors after
reviewing any substantive comment the Bureaus have received from the
public and potentially affected small entities.
12. In the document, the Bureaus have taken steps to minimize the
economic impact on small entities and consider alternatives through its
proposals that include considering different ways to revise the Annual
Reports instructions, templates, and certification form without causing
significant economic impact to small entities. For example, the Bureaus
propose reporting and certification requirements that are similar to
those used in prior Annual Reports data collections. In addition, the
standardized templates and instructions simplify compliance with, and
reduce the burden of, the information requirements related to
submission of the Annual Reports. Further, the Bureaus have taken steps
to ensure the instructions, annual reporting templates, and
certification form are competitively neutral and are not unduly
burdensome for all providers. Finally, the document proposes to allow
providers that charge the same rates for domestic and international
video IPCS to opt out of filing a separate spreadsheet for
international video IPCS, thus reducing the regulatory burden to
providers. The Bureaus will also consider any significant economic
impact to small entities that may be raised in comments filed in
response to the document and Supplemental IRFA.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
13. None.
Federal Communications Commission.
Lynne Engledow
Deputy Chief, Pricing and Policy Division, Wireline Competition Bureau.
[FR Doc. 2023-17076 Filed 8-8-23; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on August 9, 2023.
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.