[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Proposed Rules]
[Pages 70427-70429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26586]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WC Docket No. 12-375, DA 21-1422; FR 58958]


Wireline Competition Bureau Seeks Comment on Securus 
Technologies, LLC's Petition for Waiver of the Inmate Calling Services 
Per-Minute Rate Requirement

AGENCY: Federal Communications Commission.

ACTION: Solicitation of Comments.

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SUMMARY: The Wireline Competition Bureau seeks comment on a petition 
filed by Securus Technologies, LLC asking the Commission to waive 
certain sections of its regulations, which require interstate and 
international inmate calling services calls to be charged to customers 
only on a per-minute basis.

DATES: Comments are due January 7, 2021, and Reply comments are due 
January 21, 2022.

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.

[[Page 70428]]

    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: Katherine Morehead, Pricing Policy 
Division of the Wireline Competition Bureau, at (202) 418-0696 or via 
email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Public 
Notice, DA 21-1422, released November 12, 2021. The full text of this 
Public Notice is available at https://docs.fcc.gov/public/attachments/DA-21-1422A1.pdf. The full text of the Securus Petition is available 
at: https://ecfsapi.fcc.gov/file/10830227993038/Subscription%20Plan%20Waiver%20Petition.PDF.
    The Wireline Competition Bureau (Bureau) seeks comment on a 
petition filed by Securus Technologies, LLC asking the Commission to 
waive sections 64.6030, 64.6080, and 64.6090 of its rules, which 
require inmate calling services (ICS) calls to be charged to customers 
on a per-minute basis.
    According to the Petition, Securus began piloting subscription 
plans for intrastate calls in 2020 and now offers these plans at eight 
correctional facilities. Under these plans, ``subscribers pay a flat 
monthly fee for up to 100 calls per month or 25 calls per week.'' 
Securus asserts that its subscription plan pilot program is in jeopardy 
because it ``cannot definitively determine if a call is intrastate when 
a subscription plan call is made'' since many of the calls are ``made 
to wireless phones whose exact physical location is difficult to 
determine.'' Thus, Securus claims that it must ``treat potentially in-
state but [jurisdictionally] indeterminate calls as interstate calls 
whose rates are limited to per-minute charges, jeopardizing the 
development and availability of flat-rate subscription plans for 
multiple calls.''
    Worth Rises filed a response to the Securus Petition. Worth Rises 
argues that ``Securus has not provided sufficient data in its waiver 
request for the Commission to determine the true per-minute rate range 
offered through its subscription packages and whether they generally 
conform to the Commission's rate caps.'' Worth Rises identifies four 
principal concerns with Securus's subscription plans as described in 
the Petition--call length and usage data, dropped calls, unused calls, 
and renewals. Worth Rises suggests that the Commission should also 
require additional information from Securus before considering the 
waiver, including information on the policies related to the 
subscription programs and the ``cost basis of the pilot subscription 
packages by pilot location.'' Worth Rises requests that if the 
Commission grants the Petition, it should require Securus to base its 
subscription plans on minutes rather than calls, ``limit Securus to 
selling packages of usage (e.g., 250 minutes) or time (e.g., unlimited 
monthly), but not both,'' and ``prevent automatic subscription renewals 
or require easily accessible termination options.''
    The Bureau seeks comment on the Securus Petition. The Bureau also 
seeks comment on the additional information and data Worth Rises 
suggests the Commission should require before considering the Securus 
waiver request. Additionally, the Bureau seeks comment on the concerns 
Worth Rises raises regarding the Securus pilot subscription programs, 
including concerns relating to call length and usage, dropped and 
unused calls, subscription renewals, and the methods used to share 
initial disclosures and other subscription plan policies with 
customers.
    Filing of Comments and Replies. Pursuant to sections 1.415 and 
1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested 
parties may file comments on or before January 7, 2022 and reply 
comments on or before January 21, 2022. Comments may be filed using the 
Commission's Electronic Comment Filing System. See FCC, Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (May 1, 
1998). The Protective Order issued in this proceeding permits parties 
to designate certain material as confidential. Filings which contain 
confidential information should be appropriately redacted and filed 
pursuant to the procedure described therein.
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
     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 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.
    Comments and reply comments must include a short and concise 
summary of the substantive arguments raised in the pleading. Comments 
and reply comments must also comply with section 1.49 and all other 
applicable sections of the Commission's rules. The Commission directs 
all interested parties to include the name of the filing party and the 
date of the filing on each page of their comments and reply comments. 
All parties are encouraged to use a table of contents, regardless of 
the length of their submission.
    People with Disabilities. The Commission asks that requests for 
accommodations be made as soon as possible in order to allow the agency 
to satisfy such requests whenever possible. Send an email to 
[email protected] or call the Consumer and Governmental Affairs Bureau at 
(202) 418-0530.
    Ex Parte Presentations. 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 the prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph

[[Page 70429]]

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 section 1.1206(b) 
of the Commission's rules. Participants in this proceeding should 
familiarize themselves with the Commission's ex parte rules.
    Additional Information. For further information on this Notice, 
please contact Katherine Morehead, Pricing Policy Division of the 
Wireline Competition Bureau, at (202) 418-0696 or via email at 
[email protected].

Federal Communications Commission.
Pamela Arluk,
Division Chief, Wireline Competition Bureau.
[FR Doc. 2021-26586 Filed 12-9-21; 8:45 am]
BILLING CODE 6712-01-P