[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]


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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.

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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