Rule2023-28765
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
January 3, 2024
Effective
January 9, 2023
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 Commission's 2022 ICS Order, FCC 22-76 (September 30, 2022), in which the Commission, among other actions, adopted rules to improve access to communications services for incarcerated people with communication disabilities that expand the requirements for advanced Telecommunications Relay Service (TRS). This document is consistent with the 2022 ICS Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of this rule.
Full Text
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<title>Federal Register, Volume 89 Issue 2 (Wednesday, January 3, 2024)</title>
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[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 269-271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28765]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[WC Docket No. 12-375; FCC 22-76; FR ID 193391]
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 Commission's 2022 ICS Order, FCC 22-76 (September
30, 2022), in which the Commission, among other actions, adopted rules
to improve access to communications services for incarcerated people
with communication disabilities that expand the requirements for
advanced Telecommunications Relay Service (TRS). This document is
consistent with the 2022 ICS Order, which stated that the Commission
would publish a document in the Federal Register announcing the
effective date of this rule.
DATES: The addition of 47 CFR 64.6040(c) (amendatory instruction 11),
published at 87 FR 75496 on December 9, 2022, and delayed indefinitely,
is effective on January 9, 2023.
FOR FURTHER INFORMATION CONTACT: William Kehoe, Pricing Policy
Division, Wireline Competition Bureau, (202) 418-7122, or email
<a href="/cdn-cgi/l/email-protection#25724c49494c44480b4e404d4a40654346460b424a53"><span class="__cf_email__" data-cfemail="2176484d4d48404c0f4a44494e44614742420f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document announces that, on December
14, 2023, OMB approved, for a period of three years, the information
collection requirements relating to Sec. 64.6040(c) of the
Commission's rules, as contained in the Commission's 2022 ICS Order,
FCC 22-76, published at 87 FR 75496 on December 9, 2022. The OMB
Control Number is 3060-1222. In the 2022 ICS Order, the Commission
stated that the amendments to the rules were effective on January 9,
2023, except for the amendments to Sec. Sec. 64.611(k)(1)(i) through
(iii), 64.6040(c), and 64.6060(a)(5) through (7), which were delayed
pending OMB approval. The Commission publishes this document as an
announcement of the effective date of Sec. 64.6040(c) only.
If you have any comments on the burden estimates listed below, 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#9ccccedddcfaffffb2fbf3ea"><span class="__cf_email__" data-cfemail="b6e6e4f7f6d0d5d598d1d9c0">[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#dbbdb8b8eeebef9bbdb8b8f5bcb4ad"><span class="__cf_email__" data-cfemail="82e4e1e1b7b2b6c2e4e1e1ace5edf4">[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
December 14, 2023, for the information collection requirements
contained in Sec. 64.6040(c) of the Commission's rules.
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 data collection burdens and costs for the respondents are as
follows:
OMB Control Number: 3060-1222.
OMB Approval Date: December 14, 2023.
[[Page 270]]
OMB Expiration Date: December 31, 2026.
Title: Inmate Calling Services (ICS) Provider Annual Reporting,
Certification, and Other Requirements, WC Docket Nos. 23-62, 12-375, DA
23-656.
Form Numbers: FCC Form 2301(a) and FCC Form 2301(b).
Respondents: Business or other for profit.
Number of Respondents and Responses: 30 respondents; 33 responses.
Estimated Time per Response: 5 hours-1,200 hours.
Frequency of Response: Annual reporting and certification
requirements, third party disclosure and waiver requirements.
Obligation to Respond: Mandatory. Statutory authority for this
collection of information is contained in 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 Just and Reasonable Communications Act of 2022, Public Law
117-338, 136 Stat. 6156.
Total Annual Burden: 6,690 hours.
Total Annual Cost: No cost.
Needs and Uses: 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 it required
that inmate calling services (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 Wireline
Competition Bureau (WCB) 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. See ICS Annual Reporting Form Word Template
(Current), WC Docket No. 12-375 <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a> (last visited December 18, 2023) (Word Template); ICS
Annual Reporting Form Excel Template (Current), WC Docket No. 12-375,
<a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a> (last visited December
18, 2023) (Excel Template); ICS Annual Reporting and Certification
Instructions (Current), WC Docket No. 12-375 <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a> (last visited December 18, 2023)
(Instructions) (Certification Instructions); ICS Annual Report
Certification Form (Current), WC Docket No. 12-375, <a href="https://www.fcc.gov/general/ics-data-collections">https://www.fcc.gov/general/ics-data-collections</a> (last visited December 18,
2023) (Certification Form).
In 2021, the Commission released the Third Report and Order, Order
on Reconsideration, and Fifth Further Notice of Proposed Rulemaking
(FNPRM) WC Docket No. 12-375, 36 FCC Rcd 9519 (2021). The Commission
revised its rules by adopting, among other things, lower interim rate
caps for interstate calls, new interim rate caps for international
calls, and a new rate cap structure that requires ICS providers to
differentiate between legally mandated and contractually required site
commissions. The revisions also included expanded consumer disclosure
requirements, as well as new reporting requirements for providers
seeking waivers of the Commission's interstate and international rates.
In 2022, the Commission released the Fourth Report and Order and
Sixth Further Notice of Proposed Rulemaking, WC Docket No. 12-375, FCC
22-76 (September 30, 2022). The Commission adopted numerous
requirements to improve access to communications services for
incarcerated people with communication disabilities and expanded the
scope of the Annual Reports to reflect these new requirements. Pursuant
to Sec. 64.6040(c), the Commission required, among other things, that,
as part of its obligation to provide access to telecommunications relay
services (TRS), when an incarcerated person who has individually
registered to use video relay service (VRS), internet protocol (IP)
Relay, or internet protocol captioned telephone service (IP CTS) is
released from incarceration or transferred to another correctional
facility, the ICS provider must notify the TRS provider(s) with which
the incarcerated person has registered. Under section Sec.
64.6060(a)(5) through (7), the Commission amended the annual reporting
and certification requirement to include, among other things, that ICS
providers report, 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 (SL) point-to-
point video calls, and each type of TRS for which access is provided.
On January 5, 2023, the President signed into law the Martha
Wright-Reed Just and Reasonable Communications Act of 2022, Public Law
117-338, 136 Stat. 6156 (the Martha Wright-Reed Act or the Act),
expanding the Commission's statutory authority over communications
services between incarcerated people and the non-incarcerated to
include ``any audio or video communications service used by inmates . .
. regardless of the 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.
The Act directs the Commission to ``promulgate any regulations
necessary to implement'' the statutory provisions, 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 its January
5, 2023, enactment. 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.
On March 17, 2023, pursuant to the directive that the Commission
implement the new Act and establish just and reasonable rates for
incarcerated people's communications services (IPCS), the Commission
released Incarcerated People's Communications Services; Implementation
of the Martha Wright-Reed Act; Rates for Interstate Inmate Calling
Services, WC Docket Nos. 23-62, 12-375, Notice of Proposed Rulemaking
and Order, FCC 23-19, 88 FR 20804 (2023 IPCS Notice) and 88 FR 19001
(Order) (2023 IPCS Order). The Commission sought 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 delegating authority to WCB and
the Office of Economics and Analytics
[[Page 271]]
(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 April 28, 2023, WCB and OEA issued a Public
Notice seeking comment on all aspects of the proposed data collection.
WCB and OEA Seek Comment on Proposed 2023 Mandatory Data Collection for
Incarcerated People's Communication Services, WC Docket Nos. 23-62, 12-
375, Public Notice, DA 23-355 (WCB/OEA April 28, 2023). 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. Incarcerated People's Communications Services;
Implementation of the Martha Wright-Reed Act, Rates for Interstate
Inmate Calling Services, WC Docket Nos. 23-62, 12-375, Order, DA 23-638
(July 26, 2023). In the 2023 IPCS Order, the Commission also reaffirmed
and updated its prior delegation of authority to WCB and the Consumer
and Governmental Affairs Bureau (CGB) (collectively, the Bureaus) to
revise the instructions and reporting templates for the Annual Reports.
Specifically, the Commission delegated to the Bureaus the authority to
modify, supplement, and update the instructions and templates for the
Annual Reports.
On August 3, 2023, the Bureaus issued a Public Notice seeking
comment on proposed revisions to the instructions, template, and
certification form for the Annual Reports, <a href="https://www.fcc.gov/proposed-2023-ipcs-annual-reports">https://www.fcc.gov/proposed-2023-ipcs-annual-reports</a>, which are necessary to reflect the
revised rules improving access to communications services for
incarcerated people with communication disabilities 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. Wireline Competition Bureau and Consumer and Governmental
Affairs Bureau Seek Comment on Revisions to IPCS Providers' Annual
Reporting and Certification Requirements, Public Notice, WC Docket Nos.
23-62, 12-375, DA 23-656 (August 3, 2023). <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>. Notice of this document was published in the Federal
Register at 88 FR 53850 on August 9, 2023.
The Bureaus have not yet issued an Order adopting revisions to the
instructions, template, and certification form for the Annual Reports.
To effectuate the improved access to communications services for
incarcerated people with communication disabilities required by Sec.
64.6040(c) of the Commission's rules, the Bureaus divided the
information requirements and burdens of this information collection
into two PRA submissions to OMB, with the first seeking approval of the
new information requirements associated with Sec. 64.6040(c) of the
Commission's rules. OMB approved the revised information collection on
December 14, 2023. Upon release of an Order adopting revisions to the
instructions, template, and certification form for the Annual Reports,
the Bureaus will seek OMB approval of any revised information
requirements adopted in that Order, as well as the new information
requirements in Sec. 64.6060(a)(5) through (7), which expands the rule
requiring the filing of Annual Reports to include additional data
related to access to communications services for incarcerated people
with communication disabilities.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-28765 Filed 1-2-24; 8:45 am]
BILLING CODE 6712-01-P
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