[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Proposed Rules]
[Pages 60438-60440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23696]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WC Docket No. 12-375, DA 21-1297; FRS 54866]


Rates for Interstate Inmate Calling Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of reply comment period.

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SUMMARY: In this document, the Federal Communications Commission is 
extending the time to file reply comments in response to the 2021 ICS 
Further Notice in this proceeding in order to afford interested parties 
sufficient time to prepare them.

DATES: Reply Comments in response to the 2021 ICS Further Notice are 
due December 17, 2021.


ADDRESSES: You may submit comments, identified by WC Docket No. 12-375, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
     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 45 L Street NE, 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: 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), 202-
418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: Simon Solemani, Pricing Policy 
Division of the Wireline Competition Bureau, at (202) 418-2270 or via 
email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Order, DA 21-
1297, released October 15, 2021. The full text of this Order is 
available at: https://docs.fcc.gov/public/attachments/DA-21-1297A1.pdf. 
The full text of Global Tel*Link Corporation (GTL)'s motion is 
available at: https://ecfsapi.fcc.gov/file/1007291601627/GTL%20Extension%20Request%20(10-6-21).pdf.
    1. By this Order, the Wireline Competition Bureau (Bureau) of the 
Federal Communications Commission grants in part and denies in part a 
motion filed by Global Tel*Link Corporation (GTL) seeking extensions of 
time for (1) filing Paperwork Reduction Act (PRA) comments on new 
information collection requirements adopted in the 2021 ICS Order 
currently due October 25, 2021, (2) reply

[[Page 60439]]

comments in response to the 2021 ICS Further Notice, currently due 
October 27, 2021, and (3) comments and reply comments regarding the 
Third Mandatory Data Collection, currently due November 4 and November 
19, 2021. In view of GTL's Extension Request and the record developed 
in response to it, we grant an extension of time to file reply comments 
in response to the 2021 ICS Further Notice and deny GTL's other 
extension requests as set forth below. As a result, reply comments in 
response to the 2021 ICS Further Notice are now due on December 17, 
2021. All other comment and reply comment deadlines in this proceeding 
remain unchanged.
    2. On May 24, 2021, the Commission released the ICS Third Report 
and Order, Order on Reconsideration, and Fifth Further Notice of 
Proposed in this proceeding. In the 2021 ICS Order, the Commission 
adopted various rules, some of which require approval from the Office 
of Management and Budget (OMB) under the PRA. On August 25, 2021, the 
Federal Register published a notice setting a comment date of October 
25, 2021 on the rules adopted in the 2021 ICS Order that require OMB 
approval under the PRA.
    3. The 2021 ICS Further Notice set deadlines for filing comments 
and reply comments at 30 and 60 days, respectively, after a summary of 
the item was published in the Federal Register. The Federal Register 
published that summary on July 28, 2021, establishing an August 27, 
2021 comment deadline and a September 27, 2021 reply comment deadline. 
In response to a prior motion for extension of time, the Bureau 
released an order extending those deadlines to September 27, 2021 and 
October 27, 2021, respectively.
    4. As part of the 2021 ICS Order, the Commission also adopted a 
Third Mandatory Data Collection. The Commission directed WCB and the 
Office of Economics and Analytics (collectively WCB/OEA) to develop 
instructions and a template for the data collection to be submitted to 
OMB for its approval under the PRA no later than 90 days after the 2021 
ICS Order becomes effective. We interpret this reference to the 
effective date of the 2021 ICS Order as referring to the effective date 
of the rules not requiring OMB approval under the PRA. That effective 
date is October 26, 2021. As the 2021 ICS Order will be effective on 
October 26, 2021, WCB/OEA must submit a template and instructions to 
OMB no later than January 24, 2022. On September 22, 2021, WCB/OEA 
released a public notice seeking comment on the proposed instructions, 
a template, and certification forms for the Third Mandatory Data 
Collection. The Third MDC Public Notice set the comment deadline at 30 
days after the date of publication in the Federal Register and the 
reply comment deadline at 45 days after the date of publication in the 
Federal Register. The Federal Register published a summary of the 
public notice on October 5, 2021 and established deadlines of November 
4, 2021 for comments and November 19, 2021 for reply comments on the 
Third MDC Public Notice.
    5. On October 6, 2021, GTL filed its Extension Request, seeking to 
extend the filing deadlines for (1) PRA comments for the new 
information collection requirements adopted in the 2021 ICS Order from 
October 25, 2021 to November 8, 2021; (2) reply comments on the 2021 
ICS Further Notice from October 27, 2021 to November 17, 2021; and (3) 
comments and reply comments on the Third Mandatory Data Collection from 
November 4, 2021 and November 19, 2021 to November 24, 2021 and 
December 9, 2021, respectively. GTL explains that it is ``in the 
process of implementing the interim rates, ancillary service charges, 
and other changes'' adopted in the 2021 ICS Order that will become 
effective October 26, 2021. GTL highlights that the October 26 
implementation deadline in conjunction with the other comments 
deadlines present a ``perfect storm'' of deadlines and argues that 
``changing only one comment date will just continue to perpetuate the 
problem given the successive comment deadlines.'' GTL submits that its 
extension requests are in the public interest because they would allow 
GTL and other providers to focus on the October 26, 2021 implementation 
deadline while allowing stakeholders time to evaluate the information 
submitted in initial comments on the 2021 ICS Further Notice and to 
respond to the questions in the Third MDC Public Notice. GTL explains 
that the National Sheriffs' Association, Securus Technologies, Pay Tel 
Communications, and NCIC Inmate Communications do not oppose its 
extension requests and that several advocacy groups support extending 
the reply comment deadline on the 2021 ICS Further Notice to December 
10, 2021. GTL notes that the Prison Policy Initiative does not support 
extending that reply comment deadline but does not object to extending 
the PRA comment deadline and the deadlines on the Mandatory Data 
Collection.
    6. On October 8, 2021, the Wright Petitioners, Benton Institute for 
Broadband & Society, Free Press, New America's Open Technology 
Institute, Public Knowledge, and the United Church of Christ, OC Inc. 
(the Public Interest Parties) filed a reply to GTL's Extension Request. 
The Public Interest Parties support extending the deadline to file 
reply comments in connection with the 2021 ICS Further Notice but 
oppose GTL's request for extensions of the PRA and Third Mandatory Data 
Collection deadlines. The Public Interest Parties also propose further 
extending the deadline for reply comments on the 2021 ICS Further 
Notice to December 17, 2021, arguing that such an extension ``will 
allow interested parties to fully evaluate and respond to issues raised 
in the comments while also submitting PRA and Third Mandatory Data 
Collection comments.'' The Public Interest Parties emphasize that 
``[g]iven the importance of obtaining updated cost data as soon as 
possible . . . it is critical that the Third Mandatory Data Collection 
is finalized `not later than 90 days' after the effective date of the 
2021 ICS Order, as required by the Commission'' and argue that 
extending deadlines related to the Third Mandatory Data Collection ``is 
unnecessary, could harm the public interest, and risks delaying the 
collection itself.''
    7. As set forth in section 1.46 of the Commission's rules, it is 
the policy of the Commission that extensions of time shall not be 
routinely granted. However, extensions may be considered ``to the 
extent that good cause for an extension is demonstrated.'' The criteria 
for granting requests for extensions of time ``are that the extension 
be in the public interest, cause no harm to any party in the 
proceeding, and cause no significant delay.'' The Commission has 
previously found that an extension of time is warranted when it is 
``necessary to ensure that the Commission receives full and informed 
responses and that affected parties have a meaningful opportunity to 
develop a complete record for the Commission's consideration.''
    8. Here, we find good cause to extend the deadline to file reply 
comments in response to the 2021 ICS Further Notice, as proposed by 
both GTL and the Public Interest Parties. As an initial matter, we are 
sensitive to GTL's concern that the flow of implementation and comment 
deadlines in this proceeding create a ``perfect storm'' that, without 
some adjustment, would make it difficult for GTL and other parties to 
meaningfully participate in each comment process. We appreciate what 
appears to be the

[[Page 60440]]

unanimous support of interested parties for the goal of more fully 
developing the record in this proceeding. By moving the deadline to 
file reply comments on the 2021 ICS Further Notice to well after both 
the deadline for reply comments on the Third MDC Public Notice and the 
December 6, 2021 deadline for PRA comments on the Third Mandatory Data 
Collection, we are persuaded that all interested parties will be 
granted sufficient time to meaningfully respond to each of the relevant 
deadlines. Accordingly, we extend the deadline to file reply comments 
in response to the 2021 ICS Further Notice to December 17, 2021.
    9. However, we do not find good cause to extend the deadline for 
commenting on the paperwork implications of the consumer disclosure 
requirements and requirements for providers seeking waiver of the 
Commission's rate cap and ancillary charge fee caps adopted in the 2021 
ICS Order. Parties have known that those requirements would be subject 
to OMB approval since the Commission released the 2021 ICS Order on May 
24, 2021. Accordingly, we believe there has been ample time to consider 
the paperwork implications of those requirements, and no party has 
provided an explanation as to why an extension of this deadline would 
be reasonable or in the public interest in light of that fact. We find 
especially meaningful the fact that an extension of this deadline would 
only delay the effective date of the information collection 
requirements adopted in the 2021 ICS Order. The consumer disclosure 
requirements, for example, are grounded in the ``strong public interest 
in facilitating greater transparency'' with respect to inmate calling 
services rates for incarcerated people and their loved ones who 
``ultimately bear the burden of these payments.'' As such, we conclude 
that an extension of this deadline would not serve the public interest.
    10. We also do not find good cause to delay deadlines associated 
with the Third Mandatory Data Collection. As the Commission explained 
in the 2021 ICS Order, the Third Mandatory Data Collection ``is 
essential to enable [it] to adopt permanent interstate and 
international rate caps,'' and that ``the benefits of conducting a 
third collection far outweigh any burden on providers.'' GTL's proposal 
to extend the comment deadline risks delaying the Third Mandatory Data 
Collection. Moreover, delaying these comment deadlines could endanger 
the Commission-established January 24, 2022 deadline for WCB/OEA to 
submit the template and instructions for the Third Mandatory Data 
Collection to OMB, as any delays in these comment deadlines would 
significantly limit the time WCB/OEA have to review the comments prior 
to the January 24, 2022 deadline or alternatively would result in 
adversely delaying the submission of the data collection to OMB. In 
light of the clear importance and time constraints of the Third 
Mandatory Data Collection, we conclude that GTL has not shown good 
cause to extend these deadlines nor would it serve the public interest 
to do so.
    11. On balance, we conclude that extending the reply comment 
deadline for the 2021 ICS Further Notice to December 17, 2021 will 
provide interested parties the time needed to participate in each 
comment or reply cycle as desired without unnecessarily impeding or 
delaying the Third Mandatory Data Collection or implementation of the 
transparency rules.
    12. This action is taken pursuant to delegated authority 47 CFR 
0.291.

Federal Communications Commission.
Daniel Kahn,
Associate Bureau Chief, Wireline Competition Bureau.
[FR Doc. 2021-23696 Filed 11-1-21; 8:45 am]
BILLING CODE 6712-01-P