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Interstate Inmate Calling Services Extension Order

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Released: July 11, 2014
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Federal Communications Commission

DA 14-993

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Rates for Interstate Inmate Calling Services

)

WC Docket No. 12-375

)

ORDER

Adopted: July 11, 2014

Released: July 11, 2014

Revised Data Collection Due Date: August 18, 2014

By the Chief, Pricing Policy Division, Wireline Competition Bureau:

1.

In this Order, the Wireline Competition Bureau (Bureau) responds to motions filed by

Global Tel*Link (GTL), CenturyLink Public Communications, Inc. (CenturyLink), Network

Communications International Corp. (NCIC), Inmate Calling Solutions (ICSolutions), and Telmate, LLC

(Telmate) (collectively, ICS providers), inmate calling service (ICS) providers seeking an extension of

time to respond to the Commission’s one-time mandatory data request in this proceeding.1 As discussed

more fully below, the Bureau finds that good cause exists to grant in part the ICS providers’ requests for

extension of the data submission due date and, as such, extends the due date 30 days.

2.

On September 26, 2013, the Commission released the Inmate Calling Services Report

and Order and FNPRM.2 In that item, the Commission adopted a one-time mandatory data collection

“[t]o enable the Commission to take further action to reform rates, including developing a permanent cap

or safe harbor for interstate rates, as well as to inform our evaluation of other rate reform options.”3 On

April 17, 2014, the Commission submitted the mandatory data collection to the Office of Management

and Budget (OMB) for review and approval pursuant to the Paperwork Reduction Act of 1995,4 and

1 Motion for Extension of Time to Respond to One-Time Mandatory Data Collection for ICS Providers, WC Docket

No. 12-375 (filed July 1, 2014) (GTL Motion); CenturyLink Public Communications, Inc.’s Motion for Extension of

Time to Respond to One-Time Mandatory Data Collection, WC Docket No. 12-375 (filed July 3, 2014)

(CenturyLink Motion); Motion of Network Communications International Corp. for Extension of Time to Respond

to One-Time Mandatory Data Collection for ICS Providers, WC Docket No. 12-375 (filed July 3, 2014) (NCIC

Motion); Motion for Extension of Time to Respond to One-Time Mandatory Data Collection, WC Docket No. 12-

375 (filed July 7, 2014) (ICSolutions Motion); Telmate, LLC Motion for Extension of Time to Respond to One-

Time Mandatory Data Collection, WC Docket No. 12-375 (filed July 10, 2014) (Telmate Motion).

2 See Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Report and Order and Further Notice of

Proposed Rulemaking, 28 FCC Rcd 14107 (2013) (Inmate Calling Services Report and Order and FNPRM), pets.

for stay granted in part sub nom. Securus Techs. v. FCC, No. 13-1280 (D.C. Cir. Jan. 13, 2014) (Securus Techs.

Partial Stay Order); pets. for review pending sub nom. Securus Techs. v. FCC, No. 13-1280 (D.C. Cir. Nov. 14,

2013) (and consolidated cases).

3 Id. at 14172, para. 124.

4 Information Collection Being Submitted for Review and Approval to the Office of Management and Budget

(OMB), 79 Fed. Reg. 21,757 (Apr. 17, 2014).

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Federal Communications Commission

DA 14-993

received OMB’s approval on June 2, 2014.5 The Commission released a Public Notice on June 17, 2014,

announcing OMB’s approval and setting the due date for submission of data at July 17, 2014.6

3.

Four ICS providers request a 60-day extension, and one requests a 90-day extension, of

time to respond to the one-time mandatory data collection requirement adopted by the Commission.7

CenturyLink further requests such an extension “for all ICS providers.”8 The ICS providers assert there is

good cause for granting an extension. For example, GTL states that the data request imposes “new

substantial, complex, and time-consuming” requirements, that it does not categorize its data as the

Commission does, and that it “does not maintain this type of cost data in the ordinary course of

business.”9 CenturyLink, NCIC, ICSolutions and Telmate make similar arguments.10 Finally, the

providers assert that the extensions they request will not cause undue delay and would cause no harm.11

4.

Section 1.46 of the Commission’s rules provides that “[i]t is the policy of the

Commission that extensions of time shall not be routinely granted.”12 We conclude that a 60- or 90-day

extension is not warranted given the undue delay such an extension could cause on the Commission’s

ability to move quickly in pursuing permanent reform, and we conclude that respondents have had ample

notice and information about this data collection. For example, the data collection parameters were

provided in the Inmate Calling Services Report and Order and FNPRM 13 released in September 2013,

and the form and instructions were filed with OMB and made available online in April 2014.14 On

balance, however, given the scope of the data request and our interest in obtaining accurate and complete

responses from all ICS providers to enable consideration of permanent ICS rate and practice reform, we

find it is in the public interest to grant all ICS providers a brief extension. We also find that granting a

modest extension will not cause significant delay and will, in fact, facilitate the process of achieving the

Commission’s goal of permanent ICS reform in a timely manner. We therefore grant in part the ICS

providers’ requests for an extension of time by allowing an additional 30 days for the submission of data

for all ICS providers.

5.

Accordingly, IT IS ORDERED, pursuant to sections 1, 2, 4(i), 4(j), 5, and 303(r) of the

Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152, 154(i), 154(j), 155 and 303(r), and

sections 0.91, 0.201(d), 0.291, and 1.46 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.201(d), 0.291,

5 Rates for Interstate Inmate Calling Services, 79 Fed. Reg. 33,709 (June 12, 2014).

6 See Commission Announces Inmate Calling Services Data Due Date, WC Docket No. 12-375, Public Notice, DA

14-829 (Wireline Comp. Bur. rel. June 17, 2014).

7 See generally GTL Motion, CenturyLink Motion, NCIC Motion, ICSolutions Motion, Telmate Motion.

8 CenturyLink Motion at 1.

9 GTL Motion at 6-7; see also CenturyLink Motion at 4; ICSolutions Motion at para. 13.

10 See generally CenturyLink Motion; see also NCIC Motion at 4 (noting that compliance with the data request will

require NCIC to gather “call details and financial details specific to facilities with which NCIC had contracts in

previous periods” from its archives, a time-consuming process); ICSolutions Motion at para. 10 (noting that it

recently changed accounting systems and the request will necessitate “gathering, organizing, translating and

reconciling detailed information across two different accounting systems”); Telmate Motion at 6 (describing that in

the normal course of business, Telmate “neither maintains the requested data in the form it is being requested nor

structured its data systems to easily accommodate this request”).

11 See, e.g., GTL Motion at 11-12; CenturyLink Motion at 6; ICSolutions Motion at para. 24; Telmate Motion at 8.

12 47 C.F.R. § 1.46.

13 See Inmate Calling Services Report and Order and FNPRM, 28 FCC Rcd at 14172-73, paras. 124-26.

14 See supra n.4; see also View Information Collection (IC)

http://www.reginfo.gov/public/do/PRAViewIC?ref_nbr=201404-3060-027&icID=211330.

2

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Federal Communications Commission

DA 14-993

and 1.46, that the ICS providers’ motions for extension of time to respond to the Commission’s one-time

mandatory data collection, filed on July 1, 3, 7 and 10, 2014, ARE GRANTED IN PART to the extent

described herein and ARE OTHERWISE DENIED, and ICS providers’ due date for complying with the

mandatory data collection IS August 18, 2014.

FEDERAL COMMUNICATIONS COMMISSION

Kalpak S. Gude

Chief

Pricing Policy Division

Wireline Competition Bureau

3

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