[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Proposed Rules]
[Pages 66512-66513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22564]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WC Docket No. 12-375; DA 20-1128, FRS 17113]


Rates for Interstate Inmate Calling Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; availability of supplemental information.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces the availability, under the terms of the 
Protective Order in the ICS proceeding, of the inmate calling services 
database (the ICS Database) that the Commission staff developed for use 
in its Rates for Interstate Inmate Calling Services (ICS) proceeding, 
FCC 20-111, released August 7, 2020, Fourth Further Notice of Proposed 
Rulemaking (Fourth FNPRM). This document also sets forth the 
requirements individuals must meet in order to obtain a copy of the ICS 
database.

DATES: The public notice was effective on September 24, 2020.

ADDRESSES: You may submit comments, identified by WC Docket No. 12-375, 
by any of the following methods:
     Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     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 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.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, 
and Priority mail must be addressed to 445 12th Street SW, Washington, 
DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    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 FURTHER INFORMATION CONTACT: Erik Raven-Hansen, Pricing Policy 
Division of the Wireline Competition Bureau, at (202) 418-1532 or via 
email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document (Public Notice), DA 20-1128, released on September 24, 2020. 
The full text of this document is available for public inspection and 
can be downloaded at https://docs.fcc.gov/public/attachments/DA-20-1128A1.pdf. The full text of this document can also be obtained at the 
following internet address: https://www.fcc.gov/document/wcb-and-oea-announce-availability-ics-database.
    By the Public Notice, the Wireline Competition Bureau (Bureau) and 
Office of Economics and Analytics (OEA) announce the availability of 
the database developed by Commission staff for use in the Rates for 
Interstate Inmate Calling Services proceeding (the ICS Database) under 
the terms of the Protective Order in this proceeding (28 FCC Rcd 
16954). The Commission used this ICS Database in developing its rate 
cap proposals in the recent 2020 ICS Notice.
    The ICS Database contains confidential information submitted to the 
Commission by providers of calling services for incarcerated 
individuals, including cost and revenue information that each provider 
submitted in response to the Commission's Second Mandatory Data 
Collection. The database also includes geocoding information related to 
facility locations added by the Commission staff that outside parties 
might find difficult to replicate. Making this database available will 
allow interested parties to rely on a common dataset in evaluating and 
responding to the Commission's rate cap proposals in this proceeding, 
while ensuring providers remain protected against the unwarranted 
disclosure of their confidential information.
    To request access to the ICS Database, interested individuals must 
first satisfy the requirements of the Protective Order. Under the terms 
of the Protective Order, access to information submitted under a claim 
of confidentiality is limited to counsel and outside consultants who 
are not involved in competitive decision-making, who have executed the 
Acknowledgement of Confidentiality appended to that Order, and who meet 
the other requirements of that Order. Individuals who qualify 
thereunder should contact the Bureau's staff, as set forth below. 
Before making

[[Page 66513]]

the database available, Bureau staff will require each qualified person 
seeking access to execute a separate Recipient Acknowledgment governing 
use of the ICS Database, attached hereto. As detailed more fully in the 
Recipient Acknowledgment, recipients will be obligated to ensure that 
their copies of the database are not duplicated (whether in full or in 
part) and that there will be no disclosure of any of the confidential 
information in the database except as specifically permitted by the 
Protective Order. Any other use of any confidential information 
contained in the ICS Database will constitute a violation of an order 
of the Federal Communications Commission.

Federal Communications Commission.
Daniel Kahn,
Associate Bureau Chief, Wireline Competition Bureau.

Recipient Acknowledgment

Rates for Interstate Inmate Calling Services

WC Docket No. 12-375

    By signing below, I certify that I am Counsel or Outside 
Consultant, as such terms are defined in the Protective Order in WC 
Docket No. 12-375. I further certify that I am a signatory of the 
Acknowledgement of Confidentiality appended to that Protective Order, 
and that I understand it. I acknowledge that I will be receiving 
instructions that will allow me to download a database (the ICS 
Database) on which the Commission relied in the Report and Order on 
Remand and Fourth Further Notice of Proposed Rulemaking, FCC 20-111, in 
this proceeding. I also acknowledge that the ICS Database contains 
information that is not publicly available and that constitutes 
Confidential Information under the terms of the Protective Order.
    I agree that I will download no more than one copy of the 
Commission's ICS Database and will delete the ICS Database upon 
completion of this proceeding in accordance with the terms of the 
Protective Order. I acknowledge that it is my obligation to ensure that 
my copy of the ICS Database is not duplicated (in whole or in part) 
except as specifically permitted by the terms of the Protective Order. 
I also acknowledge that it is my obligation to ensure that there is no 
disclosure of any Confidential Information in the ICS Database except 
as specifically permitted by the terms of the Protective Order. I 
further acknowledge that any use of any Confidential Information 
contained therein other than as permitted under the terms of the 
Protective Order constitutes a violation of an order of the Federal 
Communications Commission. I further acknowledge that the provisions of 
the Protective Order do not terminate at the conclusion of this 
proceeding.
    I acknowledge that I have read the above paragraph and agree to its 
terms. I attach a copy of my signed Acknowledgment from the Protective 
Order. I confirm that with regard to Confidential Information, any 
objection to such Acknowledgment pursuant to the Protective Order has 
been resolved in my favor and the Acknowledgment remains in full force 
and effect.

Executed this __day of ___, 2020.
By: _____--------------------------------------------------------------
Name: _____------------------------------------------------------------
Title: _____-----------------------------------------------------------
Organization: _____----------------------------------------------------
Party Representing: _____----------------------------------------------
Telephone: _____-------------------------------------------------------

[FR Doc. 2020-22564 Filed 10-19-20; 8:45 am]
BILLING CODE 6712-01-P