[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Proposed Rules]
[Pages 42034-42036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16776]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WC Docket No. 12-375; DA 13-1445]


More Data Sought on Extra Fees Levied on Inmate Calling Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Wireline Competition Bureau (Bureau) 
seeks additional comment on certain fees related to inmate calling 
services (ICS). The record to date indicates 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.

DATES: Comments due on or before July 17, 2013; reply comments due on 
or before July 24, 2013.

ADDRESSES: You may submit comments, identified by WC Docket No. 12-375, 
by any of the following methods:
     Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Mail: 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 DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Gregory Haledjian, Wireline 
Competition Bureau, Pricing Policy Division, (202) 418-1520 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, WC Docket No. 12-375; DA 13-1445, released June 26, 2013. The 
complete text of this document is available for inspection and copying 
during normal business hours in the FCC Reference Information Center, 
Portals II, 445 12th Street SW., Room CY-A257, Washington DC 20554. The 
document may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY-
B402, Washington, DC 20554, telephone (800) 378-3160 or (202) 863-2893, 
facsimile (202) 863-2898, or via Internet at http://www.bcpiweb.com.
    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, the total amount of revenue 
received from each fee, and the 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 the 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, 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. 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 and call blocking), labor, maintenance, interconnection 
fees, and any other cost recovered by ICS rates. In addition to per-
minute or incremental costs, we

[[Page 42035]]

seek information on fixed costs, including recovered and unrecovered 
costs, historic and projected demand, and information on how such costs 
are recovered.

Procedural Matters

Initial Regulatory Flexibility Act Analysis

    As discussed above, the 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, 78 FR 4369-01 (January 22, 2013). In 
addition, we invite comment on the IRFA in light of developments since 
the issuance of the original IRFA.

Paperwork Reduction Act

    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, 78 FR 4369-01 (January 22, 2013). In 
addition, we invite comment on the IRFA in light of developments since 
the issuance of the original IRFA.

Ex Parte Requirements

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a 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.

Filing Requirements

    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 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 DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice) or 
(202) 418-0432 (tty).
    The proceeding the Public Notice refers to shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a 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 Sec.  1.1206(b). In proceedings governed 
by rule Sec.  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.


[[Page 42036]]


Federal Communications Commission.
Kalpak Gude,
Division Chief, Pricing Policy Division, Wireline Competition Bureau.
[FR Doc. 2013-16776 Filed 7-12-13; 8:45 am]
BILLING CODE 6712-01-P