Proposed Rule2024-22819
Incarcerated People's Communication Services; Implementation of the Martha Wright-Reed Act; 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 3, 2024
Effective
November 4, 2024
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 seek to refresh the record on proposed revisions to the instructions and templates for the Annual Reports and Annual Certifications submitted by providers of incarcerated people's communications services (IPCS).
Full Text
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<title>Federal Register, Volume 89 Issue 192 (Thursday, October 3, 2024)</title>
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[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Proposed Rules]
[Pages 80449-80451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22819]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[WC Docket Nos. 12-375, 23-62; DA 24-918; FR ID 246456]
Incarcerated People's Communication Services; Implementation of
the Martha Wright-Reed Act; Rates for Interstate Inmate Calling
Services
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 seek to refresh the
record on proposed revisions to the instructions and templates for the
Annual Reports and Annual Certifications submitted by providers of
incarcerated people's communications services (IPCS).
DATES: Comments are due November 4, 2024. Reply Comments are due
November 18, 2024.
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
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.
The Commission adopted a 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#eb8d8888dedbdfab8d8888c58c849d"><span class="__cf_email__" data-cfemail="abcdc8c89e9b9febcdc8c885ccc4dd">[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: Michael Scott, Disability Rights
Office of the Consumer and Governmental Affairs Bureau, at (202) 418-
1264 or via email at <a href="/cdn-cgi/l/email-protection#87eaeee4efe6e2eba9f4e4e8f3f3c7e1e4e4a9e0e8f1"><span class="__cf_email__" data-cfemail="f994909a91989c95d78a9a968d8db99f9a9ad79e968f">[email protected]</span></a>, regarding portions of this
document relating to communications services for incarcerated people
with disabilities, and Stephen Meil, Pricing Policy Division of the
Wireline Competition Bureau, at (202) 418-7233 or via email at
<a href="/cdn-cgi/l/email-protection#93e0e7f6e3fbf6fdbdfef6faffd3f5f0f0bdf4fce5"><span class="__cf_email__" data-cfemail="403334253028252e6e2d25292c002623236e272f36">[email protected]</span></a>, regarding other matters.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document seeking to refresh the record on incarcerated people's
communications services annual reporting obligations, document DA 24-
918, released on September 11, 2024, in WC Docket Nos. 12-375 and 23-
62. The full text of document DA 24-918 can be accessed electronically
via the FCC's Electronic Document Management System (EDOCS) website at
<a href="http://www.fcc.gov/edocs">www.fcc.gov/edocs</a> or via the FCC's Electronic Comment Filing System
(ECFS) website at <a href="http://www.fcc.gov/ecfs">www.fcc.gov/ecfs</a>, or is available at the following
internet address: <a href="https://www.fcc.gov/document/2024-incarcerated-peoples-communications-services-annual-reports-pn">https://www.fcc.gov/document/2024-incarcerated-peoples-communications-services-annual-reports-pn</a>.
Synopsis: By document DA 24-918, the Wireline Competition Bureau
(WCB) and the Consumer and Governmental Affairs Bureau (CGB)
(collectively, the Bureaus) invite supplemental comment to refresh and
expand upon the record regarding the annual reporting and certification
requirements for providers of incarcerated people's communications
services (IPCS). The Commission requires IPCS providers to make annual
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 an August 3, 2023 document, DA 23-656 (88 FR 53850, August 9,
2023), the Bureaus sought comment on proposed revisions to the
instructions and templates for the annual reports and annual
certifications that the Commission requires IPCS providers to submit.
At the time document DA 23-656 was published, only ``IPCS providers
that [were] classified as inmate calling services (ICS) providers under
the Commission's rules [were] required to make these filings.''
However, pursuant to the reforms adopted in the 2024 IPCS Order, all
IPCS providers are now required to make these filings. Subsequently, in
the 2024 IPCS Order, the Commission modified ``the scope and content of
[its] annual reports to reflect the . . .
[[Page 80450]]
expansion of Commission jurisdiction over other communications services
in carceral facilities, including video IPCS and other advanced
communications services, as well as intrastate IPCS, and the providers
that offer these services'' under the Martha Wright-Reed Just and
Reasonable Communications Act of 2022 (Martha Wright-Reed Act). In
issuing this document, the Bureaus seek to build on the record
developed in response to document DA 23-656 so it better reflects the
Commission's expanded jurisdiction and the reforms adopted in the 2024
IPCS Order.
In the 2024 IPCS Order, the Commission revised its rules by, inter
alia:
<bullet> adopting permanent rate caps for audio IPCS and interim
rate caps for video IPCS;
<bullet> adopting new facility tiers for both audio and video IPCS;
<bullet> prohibiting providers from imposing any ancillary service
charges on IPCS consumers;
<bullet> prohibiting providers from making site commission payments
for IPCS;
<bullet> allowing providers to offer alternate pricing plans for
IPCS subject to certain conditions; and
<bullet> revising and strengthening IPCS accessibility requirements
for incarcerated people with disabilities.
The 2024 IPCS Order also modified the scope and content of the
annual reports to reflect the reforms adopted under the Martha Wright-
Reed Act. The Commission expanded its annual reporting and
certification requirements to include the full scope of services and
providers now subject to the IPCS rules. The Commission also eliminated
the sections of the annual reporting rules mandating the reporting of
information on ancillary service charges and site commissions, to
reflect the prohibition of those items adopted in the 2024 IPCS Order.
The Commission also retained the rules describing the reporting
requirements concerning TRS and related communications services, but
renumbered them. Finally, the Commission reaffirmed and updated its
prior delegation of authority to the Bureaus to revise the annual
reports, to reflect the Commission's expanded authority under the
Martha Wright-Reed Act and the other actions taken in the 2024 IPCS
Order, and directed that the Bureaus pay particular attention to the
video IPCS marketplace and the availability and usage of
Telecommunications Relay Services (TRS) in exercising this delegated
authority.
Pursuant to this delegated authority, the Bureaus seek to expand
and refresh the record on revisions to the Annual Report instructions,
templates, and certification form, in addition to those proposed in
document 23-656, and to implement the modifications to the annual
reporting and certification requirements adopted by the Commission in
the 2024 IPCS Order. The Bureaus also seek comment on any additional
modifications the Bureaus should consider to make to these forms
consistent with the new rules, including the varied compliance dates
adopted in the 2024 IPCS Order. Although the Bureaus seek comment below
on specific changes to the annual reporting and certification
requirements, the Bureaus also seek comment, generally, on any further
modifications necessary to reflect the comprehensive reforms contained
in the 2024 IPCS Order.
In particular, the Bureaus invite comment on ways to: ensure
consistency between the new IPCS rules and annual reporting and
certification requirements; streamline the existing requirements
consistent with the new rules; and make the reports more clear and/or
accurate. For example, the Bureaus seek comment on revisions to the
General Instructions and Definitions to clarify that the annual
reporting requirement now applies to all IPCS providers and IPCS
communication services, and to conform the definitions to those adopted
in the 2024 IPCS Order. The Bureaus also invite comment on any
necessary additions to the reporting requirements. In the 2024 IPCS
Order, the Commission directed that the Bureaus ``pay particular
attention to how best to capture developments in the rapidly changing,
but nascent video IPCS marketplace in updating the requirements for the
annual reports.'' The Bureaus seek comment on how they might best
implement this Commission directive. The Bureaus also seek comment on
how to collect information concerning alternate pricing plans, and on
the appropriate level of granularity for such data. In addition, the
Bureaus seek comment on collecting information concerning facilities'
IPCS costs, such as requiring providers to report information on any
reimbursements they provide to facilities.
The Bureaus invite comment on whether there is additional
information they should seek relating to the use of TRS in carceral
facilities, beyond what was proposed in document 23-656. In the 2024
IPCS Order, the Commission directed that the Bureaus consider ``not
only the availability of TRS, but growth of both the user base and the
use of TRS, capturing data on the number of individuals with
disabilities who are requesting access to the additional forms of TRS
in carceral facilities, changes in the monthly minutes of use for each
type of TRS, and other useful metrics'' in revising the requirements
for the Annual Reports. The Bureaus invite comment on how they might
best implement this Commission directive.
Are there other changes the Bureaus should make to streamline the
reporting requirements? Should the Bureaus consider combining the
separate questions on intrastate and interstate rates into a single set
of questions to reduce burdens on respondents? What about the idea of
removing references to the provider-related and facility-related rate
components? Would that change condense the annual reports submitted?
Similarly, to what extent should the Bureaus align the reporting
approach for video IPCS with that for audio IPCS?
Finally, are there other changes or additions the Bureaus should
make to gather better or more accurate data or to make the instructions
more precise? For example, what information or data should the Bureaus
require to enable the Commission to better monitor compliance and
industry trends, or increase transparency to the public? Should the
Bureaus require providers to submit audited financial statements or
similar documentation as part of their annual report filings, as the
Commission required for the 2023 Mandatory Data Collection? 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, or because they
are inconsistent with the 2024 IPCS Order? Finally, the Bureaus seek
comment on the relative benefits and burdens of any proposed
modifications to the reporting and certification requirements.
Procedural Matters
Providing Accountability Through Transparency Act. Consistent with
the Providing Accountability Through Transparency Act, Public Law 118-
9, a summary of this document will be available on <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
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 80451]]
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.
Federal Communications Commission.
Lynne Engledow,
Deputy Chief, Pricing Policy Division, Wireline Competition Bureau.
[FR Doc. 2024-22819 Filed 10-2-24; 8:45 am]
BILLING CODE 6712-01-P
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