[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)] [Notices] [Pages 25341-25342] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-11729] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [CC Docket No. 96-128; DA 99-841] Comments Requested To Update and Refresh Record for the Inmate Payphone Service Proceeding AGENCY: Federal Communications Commission. ACTION: Notice; comments requested. ----------------------------------------------------------------------- SUMMARY: This document seeks comment to update and refresh the record on inmate issues in the Pay Telephone Reclassification and Compensation proceeding. DATES: Comments are due on or before June 21, 1999, and reply comments are due on or before July 21, 1999. ADDRESSES: Federal Communications Commission, Office of the Secretary, 445 12th Street, SW, TW-325, Washington, DC 20554. One copy of each filing must be sent also to International Transcription Services, Inc. (ITS), 1231 20th Street, NW, Washington, DC 20036, (202) 857-3800, and one copy to the Chief, Competitive Pricing Division, Common Carrier Bureau, Federal Communications Commission, 445 12th Street, SW, Room 5- A227, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Lynne Milne or Renee Terry of the Competitive Pricing Division, Common Carrier Bureau, (202) 418-1520; TTY (202) 418-0484. SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice that was released on May 6, 1999 (DA 99-841). The full text of the Public Notice is available for inspection and copying during normal business hours in the FCC Reference Information Center, 445 12th Street, SW, Room CY-A257, Washington, DC 20554. The complete text of this Public Notice also may be purchased from the Commission's duplicating contractor, ITS, 1231 20th Street, NW, Washington, DC 20036, (202) 857- 3800. Alternative formats (computer diskette, large print, audio cassette and Braille) are available to persons with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at [email protected]. 1. On January 30, 1998, the United States Court of Appeals for the District of Columbia Circuit granted the Federal Communications Commission's (Commission) motion for voluntary remand of the inmate issues raised on reconsideration of the Commission's decision in the Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996. In this Public Notice, the Common Carrier Bureau invites parties to update their comments and refresh the record in order to provide a full and up-to- date record of the inmate issues in this proceeding. 2. We seek comment on state-imposed rate ceilings. The Inmate Calling Service Providers Coalition (Coalition) requests that the Commission preempt each state ceiling, arguing that state-imposed rate ceilings on intrastate inmate calls prevent payphone providers who serve correctional facilities from recovering the costs of doing business in the correctional facility environment in violation of section 276 of the Telecommunications Act of 1996 (1996 Act). To ensure that the Commission has before it up-to-date data regarding state- imposed ceilings on payphone providers who serve correctional facilities and information regarding the circumstances under which the ceilings apply, we invite the parties to refresh the record regarding the number of states that currently have established such ceilings, the amount of each state's ceiling, and the states, if any, where incumbent local exchange carriers provide services for correctional institutions. In addition, we seek information regarding how the ceilings are applied. For example, please explain whether the ceilings apply to the local call, the operator service charge, or a combination thereof. We also seek information on whether the state-mandated intrastate rate ceilings apply only to correctional facility calls or more generally to all calls made from payphones. Because the Commission's decisions in this proceeding involve a review of state-imposed ceilings, we invite comments from the states on this matter. 3. We seek comment on compensation mechanisms for payphone providers who serve correctional facilities. The Coalition argues that the Commission has failed to prescribe fair compensation to payphone providers who serve correctional facilities in violation of section 276 of the 1996 Act. We invite the parties to update their comments on the compensation mechanism that should be applied to payphone providers who serve correctional facilities. For example, we request that commenters specify a proposed compensation mechanism for payphone providers who serve correctional facilities, if the $0.90 compensation element proposed by the Coalition is not adopted. In addition, we seek comment on whether a national compensation rate for payphone providers who serve correctional facilities should be adopted or whether compensation should be established for federal, state, and local correctional institutions and vary by state; if so, we seek comment on how compensation should be determined. 4. We seek up-to-date information regarding the costs to serve the correctional facilities and the level and nature of bad debt associated with payphone providers who serve correctional facilities. We also seek comment on whether the use of debit cards would mitigate the level of bad debt associated with payphone providers who serve correctional facilities. In particular, we ask what specific factors prohibit the use of debit cards, and if such factors exist in each correctional institution. We also seek comment on whether the incumbent local exchange carriers experience the same type and level of bad debt that the Coalition has suggested in its submissions and we encourage incumbent local exchange carriers to update their comments on this issue. 5. We invite the parties to update their comments to address whether the incumbent local exchange carriers have discontinued all intrastate and interstate subsidies and discrimination with respect to their services for correctional institutions. If not, commenters should [[Page 25342]] specify the type of subsidy or discrimination that remains. 6. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. As described in Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (May 1, 1998), comments through the ECFS can be sent as an electronic file via the Internet to <http://www.fcc.gov/e-file/ecfs.html>. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and CC Docket No. 96-128. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to [email protected], and should include the following words in the body of the message, ``get form.'' A sample form and directions will be sent in reply. 7. Parties who choose to file by paper must file an original and four copies of all comments and reply comments. All comments and reply comments should reference CC Docket No. 96-128. Paper comments and reply comments must be filed with the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445--12th Street, SW, TW-A325, Washington, DC 20554. In addition, one copy must be filed with International Transcription Services (ITS), the Commission's duplicating contractor, at its office at 1231 20th Street, NW, Washington, DC 20036, and one copy must be filed with the Chief, Competitive Pricing Division, Common Carrier Bureau, 445--12th Street, SW, Room 5-A227, Washington, DC 20554. 8. Parties submitting diskettes should submit them along with their paper filings to the Commission's Office of the Secretary. Submissions should be on a 3.5 inch diskette formatted in an DOS PC compatible form. The document should be saved into WordPerfect 5.1 for Windows format. The diskette should be submitted in ``read only'' mode. The diskette should be clearly labelled with the party's name, proceeding, type of submission (comment or reply comment), CC Docket No. 96-128, and date of submission. 9. This matter shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules at 47 CFR 1.1200, 1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required by 47 CFR 1.1206(b). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in 47 CFR 1.1206(b). Federal Communications Commission. Kris A. Monteith, Deputy Chief, Competitive Pricing Division, Common Carrier Bureau. [FR Doc. 99-11729 Filed 5-10-99; 8:45 am] BILLING CODE 6712-01-P