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Data On State Inmate Calling Revenues Added to Record In Rulemaking

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Released: June 26, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1445

Released: June 26, 2013

MORE DATA SOUGHT ON EXTRA FEES LEVIED ON INMATE CALLING SERVICES

WC Docket No. 12-375

Comment Date: July 17, 2013
Reply Comment Date: July 24, 2013

With this Public Notice, the Wireline Competition Bureau (Bureau) seeks additional comment on
certain fees related to inmate calling services (ICS). Comments in the record in the above-referenced
proceeding indicate that ICS providers may charge ICS account holders fees that appear ancillary to
making calls, such as account setup fees, account replenishment fees, account refund fees, and account
inactivity fees (Ancillary ICS Fees).1
The Bureau requests that parties provide data and information about such fees. Specifically, we
request that parties identify any Ancillary ICS Fees that ICS providers charge in connection with the
provision of interstate ICS, the level of each fee, total amount of revenue received from each fee, and cost
of providing the service for which the fee recovers. We also request that parties identify any portion of
ancillary service costs that are shared or common to provision of other services, and explain how these
costs, and recovery of them, are apportioned among the services to which they are shared or common. To
evaluate how costs associated with providing ancillary services relate to ICS providers' overall costs, the
Bureau requests additional service provider cost data, discussed below.
We request that costs that are shared or common to the provision of Ancillary ICS Services be
identified, and that parties explain how such costs are apportioned to and recovered by ICS rates.
Specifically, providers submitting joint and common costs are requested to provide both per-minute rates
and fixed charges associated with interstate ICS and intrastate ICS and information on the costs of
providing ICS, including but not limited to Customer Premise Equipment or CPE, installation, specific
security enhancements (such as monitoring, call blocking, etc.), labor, maintenance, interconnection fees,
and any other cost recovered by ICS rates. In addition to per-minute or incremental costs, we seek
information on fixed costs, including recovered and unrecovered costs, historic and projected demand,
and information on how such costs are recovered. This request for data and information falls within the
scope of the Notice of Proposed Rulemaking2 in the above-referenced proceeding, which is similar to

1 See Network Communications International Corp., 2013 Comments, WC Docket No. 12-375 at 9 (account setup
fees and account replenishment fees or recharge fees) (filed Mar. 26, 2013); Human Rights Defense Center, 2013
Comments, WC Docket No. 12-375 at 8 (account refund fees and account inactivity fees).
2 Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Notice of Proposed Rulemaking, 27 FCC
Rcd 16629 (2012) (NPRM).

what the Bureau previously requested in 2002, when it sought "comment generally on costs associated
with the provision of inmate calling services."3
As discussed above, this Public Notice seeks comment on certain issues raised in the Rates for
Interstate Inmate Calling Services NPRM that is intended to refresh the record regarding rates for
interstate ICS calling. The Initial Regulatory Flexibility Analysis (IRFA) for that proceeding is found at
Appendix C of the Rates for Interstate Inmate Calling Services NPRM, 27 FCC Rcd 16629, 16653-57
(2012). In addition, we invite comment on the IRFA in light of developments since the issuance of the
original IRFA.
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R. 1.415, 1.419,
interested parties may file comments on or before the date indicated on the first page of this document.
Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings
, 63 FR 24121 (1998).

Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.

Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing.
If more than one docket or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.

All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be
delivered to FCC Headquarters at 445 12th Street, SW, Room TW-A325, Washington, DC
20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the
building.

Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must
be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street,
SW, Washington D.C. 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (tty).
The proceeding this Public Notice refers to shall be treated as a "permit-but-disclose" proceeding
in accordance with the Commission's ex parte rules.4 Persons making ex parte presentations must file a

3 See Implementation of Pay Telephone Reclassification and Compensation Provisions of the Telecommunications
Act of 1996
, CC Docket No. 96-128, Order on Remand & Notice of Proposed Rulemaking, 17 FCC Rcd 3248, 3276,
para. 73 (2002).
4 47 C.F.R. 1.1200 et seq.
2

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 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 his or her 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 rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex
parte
rules.
For further information, please contact Gregory Haledjian, Wireline Competition Bureau, Pricing
Policy Division, at (202) 418-1520 or via e-mail at Gregory.Haledjian@fcc.gov.
- FCC -
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