[Federal Register Volume 69, Number 12 (Tuesday, January 20, 2004)]
[Proposed Rules]
[Pages 2697-2698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1125]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 61, and 69

[CC Docket No. 96-128; DA 03-4027]


Implementation of Pay Telephone Reclassification and Compensation 
Provisions of the Telecommunications Act of 1996

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking; Comments requested.

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SUMMARY: The Commission seeks comments on a Petition For Rulemaking or, 
in the Alternative, Petition To Address Referral Issues In A Pending 
Rulemaking (Wright Petition) filed in CC Docket 96-128. In the Wright 
Petition, ``Petitioners request that the Commission prohibit exclusive 
inmate calling service agreements and collect call-only restrictions at 
privately-administered prisons and require such facilities to permit 
multiple long distance carriers to interconnect with prison telephone 
systems.''

DATES: Comments are due on or before February 9, 2004, and reply 
comments are due on or before February 19, 2004.

ADDRESSES: Federal Communications Commission, Marlene H. Dortch, Office 
of the Secretary, 445 12th Street SW., TW-A325, Washington, DC 20554. 
See Supplementary Information for information on additional 
instructions for filing paper copies.

FOR FURTHER INFORMATION CONTACT: Joi Roberson Nolen, Wireline 
Competition Bureau, 202-418-1520.

SUPPLEMENTARY INFORMATION: On November 3, 2003, Martha Wright and other 
prison inmate and non-inmate petitioners (collectively, Petitioners) 
filed a Petition For Rulemaking or, in the Alternative, Petition To 
Address Referral Issues In A Pending Rulemaking (Wright Petition) with 
the Federal Communications Commission (Commission). In the Wright 
Petition, ``Petitioners request that the Commission prohibit exclusive 
inmate calling service agreements and collect call-only restrictions at 
privately-administered prisons and require such facilities to permit 
multiple long distance carriers to interconnect with prison telephone 
systems.'' Petitioners support the Wright Petition with evidence that 
it is technically feasible to provide such interconnection and provide 
for all necessary security and other penological needs. Petitioners 
originally sought relief regarding this issue in Wright, et al. v. 
Corrections Corporation of America, et al., which was referred to the 
Commission under the doctrine of primary jurisdiction. See Wright v. 
Corrections Corp. of America, C.A. No. 00-293 (GK) (D.D.C. Aug. 22, 
2001). The Commission is currently examining long distance telephone 
service rates imposed on inmates and their families in an ongoing 
proceeding regarding the provision of inmate payphone service. See 
Implementation of Pay Telephone Reclassification and Compensation 
Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, 
Order on Remand and Notice of Proposed Rulemaking, 67 FR 17039 (2002) 
(Inmate Payphone Rulemaking).
    The Wright Petition contains assertions that are responsive to 
issues raised in the Inmate Payphone Rulemaking. Thus, the Commission 
will consider the Wright Petition as an ex parte presentation in the 
Inmate Payphone Rulemaking. The Commission seeks comment on the Wright 
Petition because it raises important issues to be considered in the 
Inmate Payphone Rulemaking. Interested parties may file comments 
regarding the Wright Petition February 9, 2004 of this public notice. 
Reply comments may be filed February 19, 2004 of this public notice. In 
filing their pleadings, parties should reference the following docket 
number: CC Docket 96-128.
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 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 generally is required. 
See 47 CFR 1.1206(b). Other rules pertaining to oral and written ex 
parte presentations in permit-but-disclose proceedings are set forth in 
section 1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).
    Filing Procedures. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998). Comments filed through ECFS can be sent as an electronic file 
via the Internet to http://www.fcc.gov/cgb/ecfs/. Commenters must 
transmit one electronic copy of the comments to each docket or 
rulemaking number referenced in the caption. In completing

[[Page 2698]]

the transmittal screen, commenters should include their full name, U.S. 
Postal Service mailing address, and the applicable docket or rulemaking 
number. 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.
    Parties who choose to file by paper must file an original and four 
copies of each filing. If more than one docket or rulemaking number 
appear in the caption of this proceeding, commenters 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 (although we continue to experience delays in receiving U.S. 
Postal Service mail).
    The Commission's contractor, Natek, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes 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 mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street 
SW., Washington, DC 20554.
    All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th St. SW., Suite TW-A325, Washington, DC 20554.
    Two (2) copies of the comments and reply comments should also be 
sent to Deena Shetler, Deputy Division Chief, Pricing Policy Division, 
Wireline Competition Bureau, Federal Communications Commission, 445 
12th Street, SW., Room 5-A221, Washington, DC 20554. Parties are also 
requested to send a courtesy copy via e-mail to Joi Nolen, Pricing 
Policy Division, Wireline Competition Bureau, Federal Communications 
Commission, at [email protected].
    Parties shall also serve one copy with Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
(202) 863-2893, or via email to [email protected].
    All documents in CC Docket No. 96-128, including the Wright 
Petition are available for public inspection and copying during 
business hours at the FCC Reference Information Center, Portals II, 445 
12th St. SW., Room CY-A257, Washington, DC 20554. The documents may 
also be purchased from Qualex International, telephone (202) 863-2893, 
facsimile (202) 863-2898.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-1125 Filed 1-16-04; 8:45 am]
BILLING CODE 6712-01-P