[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Page 8879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5187]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 61 and 64

[FCC 96-34]


Inmate Calling Services--Prison Payphones

AGENCY: Federal Communications Commission.

ACTION: Declaratory ruling.

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SUMMARY: On January 30, 1996, the Commission adopted a Declaratory 
Ruling that inmate-only payphone instruments are customer premises 
equipment (CPE) that must be provided on an unregulated basis. The 
Commission additionally denied petitioner's request that certain 
inmate-only services be considered enhanced services. The intended 
effect is to ensure that the inmate-only payphone market remains 
competitive.

EFFECTIVE DATE: March 6, 1996.

FOR FURTHER INFORMATION CONTACT: Alan A. Thomas, Attorney, Network 
Services Division, Common Carrier Bureau, (202) 418-2338.

SUPPLEMENTARY INFORMATION: This report summarizes the Commission's 
Declaratory Ruling in the matter of Petition for Declaratory Ruling by 
the Inmate Calling Services Providers Task Force--Prison Payphones, 
(RM-8181, FCC 96-34, adopted January 30, 1996 and released February 20, 
1996). The file is available for inspection and copying during the 
weekday hours of 9 a.m. to 4:30 p.m. in the Commission's Reference 
Center, room 239, 1919 M St., N.W., Washington D.C., or copies may be 
purchased from the Commission's duplicating contractor, ITS, Inc. 2100 
M St., N.W., Suite 140, Washington, D.C. 20037, phone (202) 857-3800.

Analysis of Proceeding

    1. Petitioner requested the Commission to rule that LECs must 
provide inmate-only payphone instruments as detariffed CPE and must 
offer certain prison inmate payphone services as unregulated enhanced 
services. Petitioner argued that inmate-only payphone service is 
distinguishable from pay telephone service offered to the ``transient 
mobile public,'' as defined in Tonka Tools, Inc. 58 RR 2d 903, 50 FR 
24694 (June 12, 1985) and therefore not entitled to special treatment 
pursuant to Amendment of Section 64.702 of the Commission's Rules and 
Regulations (Computer II), 77 FCC 2d 384 (1980), 45 FR 24694 (May 13, 
1980).
    2. In this Declaratory Ruling, the Commission concluded that the 
decision in Tonka resulted from a concern that payphones should be 
available to the ``transient mobile'' or general public. Those 
concerns, the Commission concluded, are not applicable in the context 
of prison payphones. Thus the Commission agreed with Petitioner that 
inmate-only payphones are to be considered CPE for regulatory purposes.
    3. Additionally, the Commission rejected Petitioner's argument that 
inmate phone services such as call monitoring and blocking, and 
restrictions on call timing and duration are enhanced services under 
the Commission's Computer II decisions. The Commission concluded that 
these services may be characterized as adjuncts to basic service under 
existing precedent. The Commission also concluded that the record 
provided insufficient detail to support a ruling that inmate Personal 
Identification Numbers (PINs) are an enhanced service.
    4. Ordering Clauses. It is ordered, pursuant to Section 4 of the 
Communications Act as amended, 47 U.S.C. Secs. 154, that the petition 
for declaratory ruling filed by the Inmate Calling Services Providers 
Task Force of the American Public Communication Council is Granted to 
the extent discussed and otherwise IS Denied.
    5. It is further ordered that carriers shall notify their customers 
in writing for prison payphone service of the change in status of 
inmate-only customer premises equipment from a regulated activity to a 
nonregulated activity by July 1, 1996. Accordingly, by September 2, 
1996, the LECs must reclassify any inmate-only pay telephone investment 
recorded in Account 32.2351, Public telephone terminal equipment, along 
with the associated depreciation and tax reserves and any related 
expenses, from a regulated activity to nonregulated activity pursuant 
to our Part 64 rules. The LECs shall also establish whatever Part 64 
cost pools are needed to accomplish this reclassification and shall 
file revisions to their Cost Allocation Manuals reflecting this 
reclassification within sixty (60) days prior to the effective date of 
the change. In addition, carriers must make appropriate tariff changes 
pursuant to Part 61 of the Commission's Rules.

6. List of Subjects in 47 CFR Parts 61 and 64

    Inmate-only payphone equipment, Communications common carriers, 
Telephone.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-5187 Filed 3-5-96; 8:45 am]
BILLING CODE 6712-01-P