[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Rules and Regulations]
[Pages 47103-47116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16146]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WC Docket No. 12-375, DA 22-676; FR ID 94957]


Rates for Interstate Inmate Calling Services

AGENCY: Federal Communications Commission.

ACTION: Final order; revision of annual reporting requirements.

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SUMMARY: In this document, the Wireline Competition Bureau (WCB) of

[[Page 47104]]

the Federal Communications Commission (Commission) adopts an Order 
revising the instructions, reporting template, and certification form 
for the annual reports submitted by providers of calling services to 
incarcerated people.

DATES: The Order was adopted June 24, 2022. The effective date of the 
Order is delayed indefinitely. The Federal Communications Commission 
will publish a document in the Federal Register announcing the date the 
revisions to the annual reporting requirements will be effective once 
the Office of Management and Budget (OMB) has provided the approval 
required by the Paperwork Reduction Act (PRA).

FOR FURTHER INFORMATION CONTACT: Lee McFarland, Pricing Policy 
Division, Wireline Competition Bureau, (202) 418-1787, or email 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
WC Docket No. 12-375, DA 22-676, adopted and released on June 24, 2022. 
The full text of this document is available at https://docs.fcc.gov/public/attachments/DA-22-676A1.pdf.

I. Introduction

    1. By this Order, the Wireline Competition Bureau (Bureau) revises 
the instructions, reporting template, and certification form for the 
annual reports submitted by providers of calling services to 
incarcerated people. The revisions the Bureau implements today largely 
adopt the proposals contained in the Bureau's December 2021 request for 
comments, with certain minor refinements and reevaluations responsive 
to comments filed in response to that request.

II. Background

    2. The Commission requires inmate calling services (ICS) providers 
to make annual filings to help it monitor and track trends in the ICS 
marketplace, increase provider transparency, and promote compliance 
with the Commission's ICS rules. Pursuant to its delegated authority, 
the Bureau created standardized reporting templates for the annual 
report (FCC Form 2301(a)) and a related certification of accuracy (FCC 
Form 2301(b)), as well as instructions to guide providers through the 
reporting process. In 2020, the Bureau amended the instructions and 
template for the annual report in order to improve the type and quality 
of the information collected.
    3. In the 2021 ICS Order, the Commission revised its ICS rules by 
adopting, inter alia, lower interim rate caps for interstate ICS calls, 
new interim rate caps for international ICS calls, and a rate cap 
structure that requires ICS providers to differentiate between legally 
mandated and contractually required site commissions. These rule 
changes necessitated further changes to the annual reporting and 
certification templates, which the Bureau proposed in the December 2021 
request for comments. In response to the request, the Bureau received 
comments from ICS providers, public interest advocates, and other 
interested parties. Several commenters express support for the 
revisions proposed in that request.

III. Discussion

    4. Pursuant to the Bureau's delegated authority, the Bureau adopts 
the instructions and templates for annual reports and certifications 
for ICS providers attached hereto as Appendix A. Appendix A provides 
the instructions as well as links to the templates. The reporting 
template consists of a Word document and Excel spreadsheets. For 
simplicity, the Bureau refers to these respective portions of the 
reporting template as the Word template and the Excel template. These 
instructions and templates largely follow the proposals in the Bureau's 
December 2021 request for comments, with a small number of revisions to 
enhance the value and usefulness of the annual reports, the majority of 
which reduce existing or proposed reporting burdens. These revisions 
reflect full consideration of the record received in response to that 
request for comments, including potential burdens on ICS providers. The 
Bureau expects the detailed instructions and templates it adopts to 
result in reports that provide the Commission, its state counterparts, 
and the public with a clearer, more complete picture of ICS providers' 
operations than was available under prior annual reports, without 
unduly increasing burdens on providers. In particular, the changes the 
Bureau makes to the instructions and templates will make ICS providers' 
rates, ancillary service charges, and practices more transparent and, 
through that increased transparency, help ensure compliance with the 
Commission's ICS rules.

A. Specific Data and Information Inquiries

    5. The reporting requirements the Bureau adopts in this Order cover 
the general categories of information the Bureau proposed in the 
December 2021 request for comments. These categories include the 
submission of information on facilities served; interstate, intrastate, 
and international ICS rates; ancillary service charges; site 
commissions; and disability access, among other matters. The Bureau 
finds that these categories strike the appropriate balance between 
providing clear and useful information about ICS providers, and 
minimizing the associated reporting burdens. The Bureau notes that the 
categories of information it requests are generally consistent with, 
but not identical to, those ICS providers in the state of Colorado are 
required to address in quarterly reports to the Colorado Commission.
1. Reporting Information on ICS Rates
    6. The Bureau adopts the reporting requirements for interstate, 
international, and intrastate ICS rates as proposed, with minor 
revisions, as discussed below. In the December 2021 request for 
comments, the Bureau proposed to require every provider to submit the 
highest, average, and year-end interstate, international, and 
intrastate ICS rates charged at each of its facilities, as well as 
information regarding providers' international termination charges. 
Given that ``providers may charge one rate for the initial minute of a 
call and another for each successive minute'' and may ``frequently 
adjust their rates'' during the course of a year, the Bureau finds that 
each of these data points is necessary for the Bureau to fully 
understand providers' rates. Although some commenters contend that the 
Bureau's proposed collection would be unnecessarily burdensome, the 
Bureau's revised approach will significantly reduce the burdens on 
providers, and the Bureau finds that detailed information regarding 
providers' interstate, international, and intrastate ICS rates is 
needed to ensure that the annual reports enable the Commission, its 
state counterparts, and the public to evaluate and effectively monitor 
interstate, international, and intrastate ICS rates.
    7. The Bureau declines to reduce the categories of rate data it 
collects. Some commenters complain that the rate data the Bureau 
proposed would be overly burdensome: one argues against collecting the 
highest and average rates charged for a 15-minute call during the 
calendar year at each facility; another alleges that the information 
the Bureau seeks surrounding international termination charges in 
addition to the rate information the Bureau seeks for international 
rates--including the highest per-minute rate, first minute rate, and 
additional minute rate--will especially burden those providers that 
serve facilities with average daily

[[Page 47105]]

populations of less than 1,000. These arguments fail to recognize that 
implementation of the Bureau's proposals will significantly reduce the 
existing rate reporting burdens on providers, and the Bureau's decision 
accounts for the benefit of collecting this rate information and the 
reduced burden on providers. Under the current requirements, providers 
must report every rate they charged during the calendar year, a 
significantly broader undertaking than simply reporting highest, 
average, and year-end rates. Limiting the required reported rates to 
only the highest, average, and year-end rates thus constitutes a 
winnowing of the providers' current rate reporting responsibilities. 
Given the Bureau's decision to no longer collect data on every single 
rate which providers have charged over the course of a year, 
information on each of these three measures is essential to understand 
how providers' rates vary over the course of a year and the impact of 
those variations on consumers.
    8. In the December 2021 request for comments, the Bureau also 
proposed to require providers to report international rate information 
separately for each facility served. One commenter points out, however, 
that providers typically charge the same international rates for all 
facilities covered under the same contract and that it is unnecessary 
to require providers to report identical international rate information 
for each of several facilities covered under the same contract. The 
Bureau agrees and therefore allows providers to report international 
rate information at the contract level, as opposed to the facility 
level, in most situations. This approach should further reduce the 
reporting burden on providers. Where, however, a provider charges 
different international rates for calls from facilities covered by the 
same contract, it must report its international rate data on a 
facility-by-facility basis to ensure such differences are captured.
    9. The Bureau also revises the instructions and reporting template 
to require that detailed international rate information be reported 
only for countries to which calls were actually placed from a given 
facility during the reporting period, and to report the web address at 
which international rate information can be found for other countries 
to which no calls were placed. To ensure that the annual reports 
provide complete information regarding the rates at which providers 
offered international ICS, the Bureau requires providers to provide 
links to the publicly available web pages that capture their 
international ICS offerings for service to other counties as of the end 
of the reporting period. These changes provide clarity as to how the 
Bureau expects providers to list their international rates. They also 
significantly reduce the burdens below those providers faced under the 
Bureau's prior requirements.
    10. The Bureau declines to limit the collection of information 
surrounding international rates to only the rate that was charged for 
the domestic portion of international calls. In the December 2021 
request for comments, the Bureau proposed to require providers to 
report any charges they assessed on consumers to terminate 
international calls as well as the amounts they paid to their 
underlying international service providers for such termination. One 
commenter claims providers lack control over third-party termination 
rates and therefore should not be required to report them. The Bureau 
does not agree. The rules adopted by the Commission in the 2021 ICS 
Order permit each provider to include, in its charges for an 
international call, the average per-minute amount the provider paid its 
underlying providers to terminate international calls to an 
international destination during the preceding calendar quarter. The 
rules also require these charges to be itemized on a customer's bill. 
Consequently, information on both the amounts passed through and the 
amounts paid to third parties is essential to evaluate whether 
providers' international rates comply with the Commission's rules.
2. Reporting Ancillary Service Charges Information
    11. The Bureau adopts the reporting requirements for ancillary 
service charges assessed by ICS providers as proposed, with certain 
revisions, as discussed below. In the December 2021 request for 
comments, the Bureau proposed to require every provider to report, on a 
facility-by-facility basis, certain information about any ancillary 
services charges it assesses and to include a narrative explanation 
concerning any methodologies it uses to allocate those charges among 
multiple facilities served under a single contract. The Bureau finds 
that the requested information is necessary to evaluate whether 
providers' ancillary services charges comply with the Commission's 
ancillary services charge rules and that submitting this information 
will not place an undue burden on providers.
    12. The Bureau agrees that the submission of additional information 
related to specific third-party ancillary service charges that 
providers are permitted to pass-through to consumers under the 
Commission's current rules is warranted. To that end, the Bureau 
requires providers to identify whether their ancillary service charges 
are fixed or variable. The Bureau also requires providers to identify 
each third party whose fees for single-call and related service charges 
or third-party financial transactions were passed through to ICS 
consumers, and to state the number of times such charges were assessed, 
and the total amounts of such charges passed through to consumers. 
Although PPI focuses on the pass through of third-party financial 
transaction fees, the Bureau finds that PPI's arguments apply with 
equal force to the pass through of third party single-call and related 
services fees. To be clear, where a contract involves pass-through 
charges from multiple third parties, the Bureau requires providers to 
identify each third party and to itemize the corresponding charges 
separately. These changes will help ensure that ICS providers are not 
using third-party contracts to circumvent the Commission's limits on 
ancillary services charges or improperly pass through third-party fees 
in violation of the 2021 ICS Order. In addition, these changes will add 
clarity as to how the different ancillary service charges are 
structured and assessed.
    13. Similarly, the Bureau agrees with the commenter who argues it 
will be useful to require providers to provide a narrative explanation 
of how they calculate variable service charges. This narrative will 
provide the Commission and consumers valuable information about third-
party transaction fees. Further, the Bureau expects that providing this 
information should impose only a minimal, if any, additional burden on 
providers because the Bureau understands relatively few ancillary 
services fees are variable. The benefits of obtaining more detailed 
information about how ancillary service charges are assessed outweighs 
any minor increase in burden.
3. Reporting Site Commission Information
    14. The Bureau adopts the reporting requirements it proposed 
concerning site commissions, with minor revisions. In the December 2021 
request for comments, the Bureau proposed to require providers to 
report their average total monthly site commission payments on a 
facility-by-facility basis and to separate those payments between 
legally mandated and contractually prescribed site commission payments, 
consistent with the Commission's rules. The Bureau declines to 
implement one commenter's request that the Bureau essentially modify 
the definition of

[[Page 47106]]

``legally mandated'' site commissions as beyond the scope of this 
Order. This Bureau-level order is limited to revising the instructions 
and reporting template for ICS providers' annual reports and 
certifications and not appropriate for modifying Commission-adopted 
definitions. The Bureau also proposed to require providers to subdivide 
both types of payments between monetary and in-kind payments and, 
within those subdivisions, to report the portions of the payments that 
were either fixed or variable. The Bureau disagrees with those 
commenters that contend that this level of disaggregated reporting 
would impose onerous burdens on providers and would not ``serve the 
public interest.'' The Bureau finds that its disaggregated site 
commission reporting requirements will provide benefits--allowing the 
Bureau to collect more complete and detailed information for analysis 
regarding the providers' site commission payments--that far outweigh 
any increased burden on providers. Moreover, the argument that the 
Commission has not previously required providers to report in-kind site 
commission payments is incorrect. The existing instructions require 
providers to report both fixed and variable site commission payments, 
and defines ``site commissions'' as ``any form of monetary payment, 
exchange of services or goods, fee, technology allowance, or product 
that a provider of ICS may pay, give, donate, or otherwise provide to 
an entity with which the provider of ICS enters into an agreement to 
provide ICS, a governmental agency that oversees a correctional 
facility, the city, county, or state where a facility is located, or an 
agent of any such facility.''
    15. In December, 2021, the Bureau proposed to require each provider 
to submit a narrative response regarding certain aspects of its in-kind 
site commission payments. The Bureaurevise this instruction to also 
specify that the provider describe the valuation methodology it used to 
determine the value of its in-kind site commissions reported. The 
Bureau finds this additional requirement necessary because in-kind site 
commission payments encompass a wide variety of goods or services, such 
as items developed through in-house labor, which may lack easily 
ascertainable monetary values.
    16. However, the Bureau declines to adopt other suggestions that 
would either increase the burden on reporting providers without any 
offsetting benefit or unduly limit the information collected on in-kind 
site commissions. For example, it is not clear how a specific 
requirement that providers report in-kind site commissions on both the 
adjusted basis (i.e., book value) and the fair market value of the 
transferred property would produce sufficiently useful information to 
justify the additional burden on providers. On the other hand, simply 
requiring providers to ``identify any in-kind site commissions and 
describe how those payments are valued'' could allow providers to avoid 
imputing an actual dollar value for their in-kind site commissions, 
resulting in insufficient visibility into those transactions. On 
balance, the Bureau finds that its adopted approach, requiring 
providers to report the value of in-kind site commissions and to 
describe the valuation methodology they used, will provide the most 
useful information without unduly burdening providers.
4. Disability Access and Related Considerations
    17. The Bureau next revises the proposed instructions and reporting 
template to more precisely target the most necessary information 
related to providers' disability access services. In December, 2021, 
the Bureau proposed to require every provider to report certain 
information regarding any ancillary services charges imposed for, or in 
connection with, TTY-based calls at each facility the provider served 
during the reporting period. According to the record, this proposal 
should be narrowed slightly to track only the ancillary service fees a 
provider charges specifically in connection with the access and use of 
TTY equipment or other disability-related technologies. The Bureau 
agrees, and therefore revises the instructions to require that 
providers report, on a facility-by-facility basis, any ancillary 
service charges they impose specifically for accessing and using TTY 
equipment and other disability-related ICS technologies. This 
instruction should not be construed to imply that any such charges are 
permitted by the Commission's rules. This change will provide the 
Commission and the public with a more accurate view of providers' 
ancillary service charges specifically in connection with disabilities 
access than would have been available under the Bureau's original 
proposal.
5. Miscellaneous
    18. The Bureau declines at this time to use the annual reporting 
process to obtain information about ICS providers' bundled contract 
offerings (i.e., contracts including voice, video, text, emails, or 
other services), as two parties urge. The Bureau finds that the 
proposed additional categories of information would not advance the 
purposes of the annual reporting requirement enough to outweigh the 
potential added burdens on ICS providers.
    19. The Bureau also declines to adopt a request to remove questions 
about the geographic coordinates of facilities. The Bureau finds 
geographic location data to be useful, and in some cases necessary, to 
accurately identify the location of certain facilities. And, because 
each provider's response to the Third Mandatory Data Collection must 
include the geographic coordinates of each facility it serves, 
reporting that previously-determined information in the annual reports 
can hardly be characterized as imposing a burden on providers.
6. Confidential Information
    20. The Bureau also declines to implement one commenter's 
suggestion that the Bureau specifically require providers to submit a 
detailed motion if they redact information from the public version of 
their annual reports. Any such action would constitute a departure from 
the Commission's long-established procedure under which provider 
``[f]ilings containing legitimate confidential information can be 
appropriately redacted and filed pursuant to the guidance and 
limitations set forth in the [ICS] Protective Order and the standard 
set forth in section 0.459 of the Commission's rules.'' The Bureau has 
previously explained that ``any request for confidential treatment must 
adhere to the standard set forth in section 0.459(b) of the 
Commission's rules, as applied in the ICS Annual Report Transparency 
Order.'' The Bureau finds no reason to disturb these existing 
procedures based on the record before it.

B. Effective Date and Implementation Date

    21. Because this Order imposes new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), its effective date will be delayed indefinitely pending approval 
by the Office of Management and Budget (OMB). In the event of such 
approval, the Commission will publish a document in the Federal 
Register announcing OMB approval and establishing the date of such 
publication as the effective date of this Order.
    22. The Bureau expects that this effective date will be established 
long before the April 2023 due date for providers' next annual reports 
and certifications for calendar year 2022. An expected April 2023 
implementation

[[Page 47107]]

date moots commenter concerns premised on the assumption that the 
revisions would become effective before providers had to submit their 
2022 annual reports. When the Bureauproposed the revisions to the 
instructions and templates for the annual reports in the December 2021 
request for comments, the Bureau expected that such changes would 
receive OMB approval under the PRA and take effect in time for their 
use in the April 2022 filings. This did not occur. Consequently, the 
Bureau no longer needs separate instructions for the period between 
January 1, 2021 and October 26, 2021 when certain of the rules adopted 
in the 2021 ICS Order became effective. The Bureau has therefore 
revised the instructions and templates accordingly. Thus, providers 
should expect that, absent further Bureau direction, the revisions 
adopted in this Order will apply to all subsequent annual report and 
certification filings. Providers will have ample time to collect the 
information needed for the revised annual reports due in April 2023.

IV. Procedural Matters

    23. Supplemental Final Regulatory Flexibility Act Analysis. As 
required by the Regulatory Flexibility Act of 1980, as amended (RFA), 
the Bureau has prepared a Supplemental Final Regulatory Flexibility 
Analysis (FRFA) relating to this Order. The RFA has been amended by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). 
The SBREFA was enacted as Title II of the Contract with America 
Advancement Act of 1996 (CWAAA). The Supplemental FRFA is set forth in 
Appendix B.
    24. Final Paperwork Reduction Act Analysis. The Order contains new 
or modified information collection requirements subject to the PRA. It 
will be submitted to OMB for review under section 3507(d) of the PRA. 
OMB, the general public, and other Federal agencies will be invited to 
comment on the new or modified information collection requirements 
contained in this proceeding. In addition, the Bureau notes that 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198; see 44 U.S.C. 3506(c)(4), the Bureau previously sought 
specific comment on how the Commission might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees. The Bureau has assessed the effects of the 
requirements for annual reports and certifications on small business 
concerns, including those having fewer than 25 employees, and find that 
to the extent such entities are subject to those requirements, any 
further reduction in the burden of the collection would be inconsistent 
with the objectives behind the collection.
    25. Congressional Review Act. The Commission will not send a copy 
of this Order to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act (CRA), see 5 U.S.C. 
801(a)(1)(A), because it does not adopt any rule as defined in the CRA, 
5 U.S.C. 804(3).

V. Supplemental Final Regulatory Flexibility Analysis

    26. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), a Supplemental Initial Regulatory Flexibility Analysis 
(Supplemental IRFA) was incorporated in the 2021 ICS Order, released in 
May 2021. The RFA has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA). The Commission sought 
written public comment on the proposals in that Order, including 
comments on the Supplemental IFRA. The comments received are addressed 
below. This present Supplemental Final Regulatory Flexibility Analysis 
(Supplemental FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Order

    27. In this Order, the Commission's Wireline Competition Bureau 
(the Bureau) adopts revisions to the instructions and templates for the 
annual reports and certifications submitted by providers of ICS. In the 
2021 ICS Order, the Commission revised its ICS rules by adopting, inter 
alia, lower interim rate caps for interstate ICS calls, new interim 
rate caps for international ICS calls, and a rate cap structure that 
requires ICS providers to differentiate between legally mandated and 
contractually required site commissions. The rules implemented by the 
2021 ICS Order necessitate further changes to the annual reporting and 
certification templates, which the Bureau proposed in the December 2021 
request for comments.
    28. Pursuant to its delegated authority, the Bureau has prepared 
updates to the annual reporting and certification templates and is 
issuing the Order to adopt all aspects of these documents.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the Supplemental IRFA

    29. There were no comments filed that specifically addressed the 
proposed rules and policies in the Supplemental IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    30. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments.
    31. The Chief Counsel did not file any comments in response to the 
proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
Annual Report and Certification Requirements Will Apply

    32. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the annual report and certification requirements. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small-business concern'' under the 
Small Business Act. A ``small-business concern'' is one which: (1) is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
SBA.
    33. Regulatory Flexibility Analyses were incorporated in the 2020 
ICS Order and 2021 ICS Order. In those analyses, the Commission 
described in detail the small entities that might be affected. 
Accordingly, in this Order, for the Supplemental FRFA, the Bureau 
hereby incorporates by reference the descriptions and estimates of the 
number of small entities from these previous Regulatory Flexibility 
Analyses.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    34. The annual report and certification requirements direct ICS 
providers to submit, among other things, data and other information on 
calls, demand, operations, company and contract information, 
information about facilities served, revenues, site commission 
payments, and ancillary fees and to certify as to their compliance with 
relevant Commission rules. The Bureau estimates that approximately 20

[[Page 47108]]

ICS providers will be subject to this reporting requirement. In the 
aggregate, the Bureau estimates that responses will take approximately 
3,740 hours.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    35. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): ``(1) 
the establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rules for such small 
entities; (3) the use of performance rather than design standards; and 
(4) an exemption from coverage of the rule, or any part thereof, for 
such small entities.''
    36. The annual report and certification requirements impose a 
recurring obligation on providers. Because the Commission's 2021 ICS 
Order requires all ICS providers to submit annual reports and 
certifications, the collection will affect smaller as well as larger 
ICS providers. The Bureau has taken steps to ensure that the reporting 
template is competitively neutral and not unduly burdensome for any set 
of providers and has considered the economic impact on small entities, 
as identified in comments filed in response to the December 2021 
request for comments, in finalizing the instructions and reporting 
templates for the annual reports and certifications. In response to the 
comments, the Bureau has refined certain aspects of the instructions 
and reporting templates. These modifications avoid unduly burdening 
responding providers while ensuring that providers have sufficiently 
detailed and specific instructions to respond to the data collection.

G. Report to Congress

    37. The Commission will send a copy of the Order, including this 
Supplemental FRFA, in a report a report to be sent to Congress pursuant 
to the Small Business Regulatory Enforcement Fairness Act of 1996. In 
addition, the Commission will send a copy of the Order, including this 
Supplemental FRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration. A copy of the Order, and Supplemental FRFA (or 
summaries thereof) will also be published in the Federal Register.

VI. Ordering Clauses

    38. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1, 2, 4(i)-(j), 155(c), 201(b), 218, 220, 276, 
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
152, 154(i)-(j), 155(c), 201(b), 218, 220, 276, and 403, and the 
authority delegated pursuant to sections 0.91, 0.201(d), and 0.291 of 
the Commission's rules, 47 CFR 0.91, 0.201(d), 0.291, this Order is 
adopted.
    39. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Order, including the Supplemental Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

Federal Communications Commission.

Lynne Engledow,
Deputy Chief, Pricing Policy Division, Wireline Competition Bureau.

    Note: The following appendix, Annual Reporting and 
Certifications Instructions and Template, will not appear in the 
Code of Federal Regulations.

I. Overview

    In the 2015 ICS Order, the Federal Communications Commission 
(Commission or FCC) charged the Wireline Competition Bureau (Bureau) 
with implementing requirements designed to help the Commission 
monitor the rates, fees, and practices of Providers of Calling 
Services to incarcerated people (Inmate Calling Services or ICS). 
Specifically, the Commission directed the Bureau to develop an 
Annual Report that each ICS Provider must file regarding its Inmate 
Calling Services operations during the preceding calendar year. The 
Commission also directed the Bureau to develop related instructions 
and a template to gather this information, and required each ICS 
Provider to file an Annual Certification declaring its compliance 
with the Commission's Inmate Calling Services rules during the 
preceding calendar year. These Annual Reporting and Annual 
Certification requirements are designed to help ensure transparency 
in ICS rates, fees, and practices, and to ensure that ICS Providers 
comply with the Commission's rules.
    These instructions and the accompanying templates and 
certification form are designed to implement the Commission's 
directives. These instructions and the associated template and 
certification form consolidate and supplant the instructions and 
template for earlier iterations of the ICS annual reporting and 
certification requirements. As discussed below, the template 
consists of a Word document and Excel spreadsheets. For simplicity, 
we refer to these respective portions of the template as the Word 
template and the Excel template.

II. General Instructions and Filing Requirements

A. Who must file?

    Each Inmate Calling Services Provider must submit a complete and 
accurate Annual Reporting Form (FCC Form 2301(a)) and Annual 
Certification Form (FCC Form 2301(b)) (collectively, FCC Form 2301) 
annually. Each group of affiliated Providers shall respond as a 
single entity, regardless of the number of separately incorporated 
companies or other entities within that group that provide ICS.
    A Subcontractor is classified as an ICS Provider if it partners 
with or serves an ICS Provider that holds a direct contractual 
relationship with a correctional authority, and the Subcontractor 
also provides ICS services to incarcerated people, for example, by 
completing calls for ICS Customers. A Subcontractor is not exempted 
from the definition of an ICS Provider on the grounds that it lacks 
a direct contractual relationship with a correctional authority. 
Therefore, where a Subcontractor completes calls but the ICS 
Provider bills Customers for those calls and then pays the 
Subcontractor, that Subcontractor will also meet the definition of 
an ICS Provider. By contrast, an entity that only provides billing 
and collection for inmate calling services provided by a separate 
entity and remits those revenues to that entity may not meet the 
definition of an ICS Provider.
    Providers (including all Subcontractors that meet the definition 
of Provider set forth below) must complete and file all sections of 
FCC Form 2301 unless otherwise indicated.
    Throughout these instructions, the terms ``you'' and ``your'' 
refer to any entities that must submit the FCC Form 2301. Part III, 
below, defines other terms used in these instructions and in the 
Annual Reporting and Annual Certification Forms.

B. What To File

    You must fully and completely respond to each request for 
information in these instructions using the attached Word and Excel 
templates and certification form. Once finalized, these templates 
and form will be available at https://www.fcc.gov/general/ics-data-collections. You must submit each template in a machine-readable and 
manipulatable format.

1. Annual Reporting Form

    Your Annual Reporting Form shall consist of: (1) a Word document 
containing responses that require a narrative explanation (see 
Appendix A to these instructions); and (2) an Excel spreadsheet 
containing responses that indicate specific numbers, percentages, 
and/or information (see Appendix B to these instructions).
    As a general matter, these instructions direct you to enter your 
responses to requests for certain information or numbers at specific 
places in these templates. Provide your narrative responses in the 
Word template (Appendix A). You must also use the Word template to 
provide any additional information needed to ensure that your 
response is full and complete, and to identify and explain any 
caveats associated with your response.

[[Page 47109]]

    Unless otherwise stated, provide your responses for the Annual 
Reporting Form using the Excel template (Appendix B). As a general 
matter, your entries on the Excel template will require input of 
specific numbers or percentages (e.g., a Facility's Average Daily 
Population) or discrete information (e.g., a Facility's geographical 
coordinates). The Excel template uses ``N/A'' or ``0'' as 
specifically instructed to identify cells in which no data are to be 
reported. Following the same format, you should add additional rows 
or columns to this template as necessary to complete your responses.

2. Annual Certification Form

    You must complete the Annual Certification Form (see Appendix C 
to these instructions) regarding the truthfulness, accuracy, and 
completeness of the Provider's Annual Reporting Form and the 
Provider's compliance with the Commission's ICS rules.
    Submissions will be rejected and returned for correction and 
resubmission if made without a completed certification form by an 
officer of the Provider that, based on information and belief formed 
after reasonable inquiry, the statements and information contained 
in the Report are accurate and complete.

C. Filing Deadline and Submission

    The Annual Reporting and Annual Certification Forms for the 
preceding calendar year must be submitted by April 1 of each year.
    You must submit public versions of your Annual Reporting and 
Annual Certification Forms by filing the completed forms 
electronically through the Commission's Electronic Comment Filing 
System (ECFS), by accessing the ECFS at https://www.fcc.gov/ecfs/.
    You may file any information that you believe should be afforded 
confidential treatment pursuant to the guidance and limitations in 
the Protective Order in this proceeding and by adhering to the 
standard set forth in section 0.459(b) of the Commission's rules, 
the ICS Annual Report Transparency Order, and other applicable 
precedent. As the Bureau explained with regard to the 2019 Annual 
Reports, information regarding ``facility names, inmate calling 
services rates, [and] the amounts of ancillary service charges'' is 
not entitled to confidential treatment, given the ``strong public 
interest in transparency surrounding rates, charges, terms, and fees 
for inmate calling services.'' Similarly, information on a 
Facility's average daily population was not protected from public 
disclosure. Absent a compelling showing to the contrary, these 
determinations will apply to future annual report filings.
    Confidential versions of the reports must be submitted to the 
Secretary's office using the Excel template provided by the 
Commission and in a machine-readable and manipulatable format. You 
must also provide courtesy copies of the confidential filing to the 
Bureau via email at [email protected].

D. Compliance

    We caution Providers that they must proceed in good faith and 
with absolute candor in preparing and filing their Annual Reporting 
and Annual Certification Forms. Persons willfully making false 
statements in an Annual Reporting Form or Annual Certification Form 
can be punished by fine or forfeiture, under the Communications Act 
of 1934, 47 U.S.C. 502, 503(b), or by fine or imprisonment under 
Title 18 of the United States Code, 18 U.S.C. 1001.

III. Definitions

    Affiliates means any two or more companies, partnerships, or 
other legal entities where (a) one entity directly or indirectly 
owns or controls the other or others, (b) a Third Party controls or 
has the power to control both or all, (c) the entities share common 
ownership or have interlocking directorates, or (d) the entities 
share employees, equipment, and/or facilities. For purposes of this 
definition, the term ``own'' means to own an equity interest (or the 
equivalent thereof) of more than 10%.
    Alternative Method for Calculating Average Daily Population 
means any method other than dividing the sum of all inmates in a 
facility for each day of a Year by the number of days in the Year.
    Ancillary Services means Permissible Ancillary Services and 
Other Ancillary Services.
    Ancillary Service Charge means any charge Consumers may be 
assessed for, or in connection with, the interstate or international 
use of Inmate Calling Services that is not included in the per-
minute charges assessed for such individual calls. Ancillary Service 
Charges that may be assessed are limited only to those listed in 47 
CFR 64.6000(a)(1)-(5) and consist of Automated Payment Fees, Live 
Agent Fees, Paper Bill/Statement Fees, Fees for Single-Call and 
Related Services, and Third-Party Financial Transaction Fees. All 
other Ancillary Service Charges are prohibited in connection with 
interstate and international Inmate Calling Services. For purposes 
of this definition, ``interstate'' includes any jurisdictionally 
mixed charge, as defined in 47 CFR 64.6000(u).
    Ancillary Services Charge Rules means the FCC rules setting the 
maximum amounts Providers may charge for Ancillary Services. The 
Ancillary Service Charge Rules are set forth in 47 CFR 64.6020, as 
may be subsequently amended by the Commission.
    Annual Certification Form means FCC Form 2301(b).
    Annual Reporting Form means FCC Form 2301(a). This form consists 
of (1) the Word template, FCC Form 2301(a)(1), and (2) the Excel 
template, FCC Form 2301(a)(2).
    Automated Payment Fees means credit card payment fees, debit 
card payment fees, and bill processing fees, including fees for 
payments made by interactive voice response (IVR), web, or 
Incarcerated Person Kiosk.
    Automated Payment Service means any service providing Customers 
of Inmate Calling Services with credit card payment, debit card 
payment, and bill processing services, including enabling payments 
by interactive voice response (IVR), web, or Incarcerated Person 
Kiosk.
    Average Daily Population and ADP mean the sum of all 
Incarcerated Persons in a facility for each day of a Year, divided 
by the number of days in the Year.
    Billed Minutes means the number of Inmate Calling Services 
minutes supplied during a Year for which payment is demanded.
    Billed Revenues means gross sales, without adjustment for 
uncollectable accounts or expenses related to producing these sales, 
derived from the number of units of a service supplied during a Year 
for which payment is demanded.
    Consumer means the party paying a Provider of Inmate Calling 
Services.
    Contractually Prescribed Facility Rate Component means the 
Facility-Related Rate Component set forth in 47 CFR 64.6030(d)(2).
    Contractually Prescribed Site Commission means a Site Commission 
payment required pursuant to a contract negotiated between a 
Facility and a Provider.
    Customer means the Incarcerated Person or the person who pays 
for ICS if that person is not the Incarcerated Person.
    Facility means a Prison or Jail as those terms are defined 
elsewhere in this document.
    Facility-Related Rate Component means either the Legally 
Mandated Facility Rate Component or the Contractually Prescribed 
Facility Rate Component as set forth in 47 CFR 64.6030(d).
    Fees for Single-Call and Related Services means billing 
arrangements whereby an Incarcerated Person's collect calls are 
billed through a Third Party on a per-call basis, where the called 
party does not have an account with the Provider of Inmate Calling 
Services or does not want to establish an account.
    Fixed Site Commission means a Site Commission that is assessed 
or paid without regard to ICS usage or revenues. Fixed Site 
Commissions include, but are not limited to, minimum annual 
guarantee payments, other lump-sum payments, and payments in-kind 
that Providers make pursuant to ICS contracts.
    Incarcerated Person means a person detained in a Prison or Jail, 
regardless of the duration of the detention.
    Inmate Calling Services and ICS mean a service that allows 
Incarcerated Persons to make calls to individuals outside the 
Facility where the Incarcerated Person is being held, regardless of 
the technology used to deliver the service.
    ICS-Related Operations means the actions or tasks performed by 
the Provider or authorized personnel to deliver Inmate Calling 
Services and related Ancillary Services to Incarcerated Persons and 
those they call, including but not limited to billing, customer 
service, and other requirements as determined by contract or by law. 
It excludes all Site Commission payments, including actions or tasks 
that are part of In-Kind Site Commission payments.
    In-Kind Site Commission means a Site Commission that does not 
take the form of a Monetary Site Commission.
    Intrastate Communication means any communication that originates 
and terminates in the same state, territory, or possession of the 
United States (other than the Canal Zone), or the District of 
Columbia.

[[Page 47110]]

    International Communication means a communication or 
transmission from any state, territory, or possession of the United 
States, or the District of Columbia to points outside the United 
States.
    International Destination means the rate zone in which an 
international call terminates. For countries that have a single rate 
zone, International Destination means the country in which an 
international call terminates.
    Interstate Communication means, pursuant to 47 U.S.C. 153(28), 
communication or transmission (a) from any state, territory, or 
possession of the United States (other than the Canal Zone), or the 
District of Columbia, to any other state, territory, or possession 
of the United States (other than the Canal Zone), or the District of 
Columbia, (b) from or to the United States to or from the Canal 
Zone, insofar as such communication or transmission takes place 
within the United States, or (c) between points within the United 
States but through a foreign country. Interstate Communication shall 
not, for purposes of these instructions, include wire or radio 
communication between points in the same state, territory, or 
possession of the United States, or the District of Columbia, 
through any place outside thereof, if such communication is 
regulated by a state commission.
    Jail means a facility of a local, state, or federal law 
enforcement agency that is used primarily to hold individuals who 
are: (a) awaiting adjudication of criminal charges; (b) post-
conviction and committed to confinement for sentences of one year or 
less; or (c) post-conviction and awaiting transfer to another 
facility. The term also includes city, county or regional facilities 
that have contracted with a private company to manage day-to-day 
operations; privately owned and operated facilities primarily 
engaged in housing city, county or regional Incarcerated Persons; 
facilities used to detain individuals operated directly by the 
Federal Bureau of Prisons or U.S. Immigration and Customs 
Enforcement, or pursuant to a contract with those agencies; juvenile 
detention centers; and secure mental health facilities.
    Legally Mandated Facility Rate Component means a rate component 
set forth in 47 CFR 64.6030(d)(1).
    Legally Mandated Site Commission means a Site Commission payment 
required by state statutes or laws and regulations that are adopted 
pursuant to state administrative procedure statutes where there is 
an opportunity for public comment, such as by a state public utility 
commission or similar regulatory body with jurisdiction to establish 
Inmate Calling Services rates, terms, and conditions and that 
operate independently of the contracting process between Facilities 
and Providers.
    Live Agent Fee means a fee associated with the optional use of a 
live operator to complete Inmate Calling Services Transactions.
    Live Agent Service means providing Customers of Inmate Calling 
Services the optional use of a live operator to complete Inmate 
Calling Services Transactions.
    Monetary Site Commission means a Site Commission that takes the 
form of a monetary payment.
    Other Ancillary Services means an ancillary service that is not 
a Permissible Ancillary Service.
    Paper Bill/Statement Fees means fees associated with providing 
Customers of Inmate Calling Services an optional paper billing 
statement.
    Paper Bill/Statement Service means providing Customers of Inmate 
Calling Services an optional paper billing statement.
    Permissible Ancillary Services means Automated Payment Service, 
Live Agent Service, Paper Bill/Statement Service, Single-Call and 
Related Services, and Third-Party Financial Transaction Services, as 
defined in Part 64 of the Commission's rules and these Instructions.
    Prison means a facility operated by a territorial, state, or 
federal agency that is used primarily to confine individuals 
convicted of felonies and sentenced to terms in excess of one year. 
The term also includes public and private facilities that provide 
outsource housing to other agencies such as the State Departments of 
Correction and the Federal Bureau of Prisons; and facilities that 
would otherwise fall under the definition of Jail but in which the 
majority of Incarcerated Persons are post-conviction or are 
committed to confinement for sentences of longer than one year.
    Provider, ICS Provider, and Provider of Inmate Calling Services 
mean any communications service provider that provides Inmate 
Calling Services, regardless of the technology used, as defined in 
47 CFR 64.6000(s). This definition includes all entities acting as 
Subcontractors as defined below, to the extent that their activities 
otherwise include the provision of Inmate Calling Services.
    Provider-Related Rate Component means the interim per-minute 
rate specified in either 47 CFR 64.6030(b) or 47 CFR 64.6030(c) that 
Providers at Jails with Average Daily Populations of 1,000 or more 
Inmates, and all Prisons, may charge for interstate Collect Calling, 
Debit Calling, Prepaid Calling, or Prepaid Collect Calling.
    Rate Cap Rules means the FCC rules setting the maximum amounts 
Providers may charge for Inmate Calling Services subject to the 
FCC's jurisdiction. The Rate Cap Rules are set forth in 47 CFR 
64.6030, as may be subsequently amended by the Commission.
    Reporting Period means the Year immediately preceding the Year 
during which an Annual Report is due. For example, the Reporting 
Period for the Annual Report due in April 2023 is January 1, 2022 
through December 31, 2022.
    Revenue-Sharing Agreement means any agreement, whether express, 
implied, written, or oral that is: (a) between a Provider or any 
Affiliate and a Third Party, such as a financial institution; or (b) 
between a Provider and any of its Affiliates that, over the course 
of the agreement, directly or indirectly results in the payment of 
all or part of the revenue received from the provision of ICS or any 
Ancillary Service to the other party to the agreement.
    Single-Call and Related Services means billing arrangements 
whereby an Incarcerated Person's collect calls are billed through a 
Third Party on a per-call basis, where the called party does not 
have an account with the Provider of Inmate Calling Services.
    Site Commissions means any form of monetary payment, in kind 
payment, gift, exchange of services or goods, fee, technology 
allowance, or product that a Provider of Inmate Calling Services or 
Affiliate of a Provider of Inmate Calling Services may pay, give, 
donate, or otherwise provide to an entity that operates a 
correctional institution, an entity with which the Provider of 
Inmate Calling Services enters into an agreement to provide ICS, a 
governmental agency that oversees a Facility, the city, the county, 
or state where a Facility is located, or an agent of any such 
Facility.
    Subcontractor means an entity that provides ICS to a Facility 
and has a contract or other arrangement with another Provider for 
provision of ICS to that Facility. A Subcontractor need not have a 
contractual relationship with the Facility.
    Telecommunications Relay Services and TRS mean telephone 
transmission services that provide the ability for an individual who 
is deaf, hard of hearing, deaf-blind, or who has a speech disability 
to engage in communication by wire or radio with one or more 
individuals in a manner that is functionally equivalent to the 
ability of a hearing individual who does not have a speech 
disability to communicate using voice communication services by wire 
or radio, as defined in 47 CFR 64.601(a)(42).
    Text Telephone and TTY mean a machine that employs graphic 
communication in the transmission of coded signals through a wire or 
radio communication system, as defined in 47 CFR 64.601(a)(43). TTY 
supersedes the term ``TDD'' or ``telecommunications device for the 
deaf,'' and ``TT.''
    Third Party means an entity that is not a Provider, an Affiliate 
of a Provider, or a Facility.
    Third-Party Financial Transaction Fees means the exact fees, 
with no markup, that Providers of Inmate Calling Services are 
charged by Third Parties to transfer money or process financial 
transactions to facilitate a Customer's ability to make account 
payments via a Third Party.
    Third-Party Financial Transaction Services means the transfer of 
money or the processing of financial transactions to facilitate a 
Customer's ability to make account payments via a Third Party.
    Variable Site Commissions means Site Commissions that are 
assessed on a per-unit basis, such as a per-minute basis, percentage 
of ICS revenue, or number of ICS phones at a Facility.
    Year means a calendar year, from January 1 through December 31 
of any given year.

IV. Annual Report Requirements

A. Basic Information

    40. This section directs you to provide general information and 
data about your Company and its Affiliates. Enter your responses for 
items IV.A.(1) through IV.A.(9) in the Excel template and your 
responses to items IV.A.(10) through IV.A.(14) in the Word template.
    (1) Provider Name: Provide the name under which the Provider 
offers Inmate Calling Services. If the Provider offers Inmate 
Calling

[[Page 47111]]

Services under more than one name, list all relevant names.
    (2) Reporting Period: Provide the relevant time period for the 
information the report covers.
    (3) Officer Name, Title: Provide the name and title of the 
officer completing and certifying FCC Form 2301(a). The officer may 
be the Chief Executive Officer (CEO), Chief Financial Officer (CFO), 
or another senior executive with first-hand knowledge of the 
truthfulness, accuracy, and completeness of the information 
provided.
    (4) Officer Telephone Number: Provide the business telephone 
number with area code (containing ten digits) for the officer 
identified in item IV.A.(3).
    (5) Officer Email Address: Provide the business email address of 
the officer identified in item IV.A.(3).
    (6) Total Number of Correctional Facilities Served by Provider: 
Provide the total number of Facilities in which you offered ICS 
during the Reporting Period. You must include Facilities that you no 
longer serve if you served them during the Reporting Period.
    (7) Number of Prisons Served by Provider: Provide the number of 
Prisons in which you offered ICS during the Reporting Period. You 
must include Prisons that you no longer serve, if you served them 
during the Reporting Period.
    (8) Number of Jails Served by Provider With Average Daily 
Population (ADP) Below 1,000: Provide the number of Jails in which 
you offered ICS during the Reporting Period that have an ADP below 
1,000. You must include Jails that you no longer serve, if you 
served them during the Reporting Period.
    (9) Number of Jails Served by Provider With ADP of 1,000 or 
more: Provide the number of Jails in which you offered ICS during 
the Reporting Period that have an ADP of 1,000 or more. You must 
include Jails that you no longer serve if you served them during the 
Reporting Period.
    (10) Provider Name: In the Word template, provide the name under 
which the Provider offers Inmate Calling Services. List all relevant 
names if the Provider offers Inmate Calling Services under more than 
one name.
    (11) Correctional Facilities Served Less Than a Full Year: In 
the Word template, provide the names of all Facilities that you 
served for less than a full year during the Reporting Period and the 
corresponding dates of your service (e.g., [Facility Name], From 
[Month]/[Date] to [Month]/[Date]). If you served all Facilities 
reported in item IV.A.(6) during the entirety of the Reporting 
Period, enter ``N/A: The Provider served each Facility listed in the 
Excel template throughout the entire Reporting Period.''
    (12) Explanation of Alternative Method for Calculating ADP: In 
the Word template, provide the names of all Facilities for which the 
ADP reported reflects an alternative method for calculating ADP. 
Describe in detail the method used to calculate ADP for each of 
those Facilities.
    (13) Narrative Description of a Subcontract To Provide ICS: If a 
Provider contracts with a Subcontractor to provide any aspect of 
ICS, the Provider and the Subcontractor shall explain each such 
arrangement in the Word template of their respective Annual Reports. 
At a minimum, this explanation shall include:
    (a) The name of the Provider with the contractual or other 
agreement with a Facility or contracting authority for the provision 
of ICS;
    (b) The name of the Subcontractor;
    (c) The services provided by the Subcontractor under the 
agreement;
    (d) The unique identifier and address for the Facilities at 
which the Subcontractor provides services under the agreement;
    (e) A description of the ICS-Related Operations provided by the 
Provider;
    (f) A description of the ICS-Related Operations provided by the 
Subcontractor;
    (g) A list of the types of ICS calls and Ancillary Services 
billed by the Provider;
    (h) A detailed description of any Revenue-Sharing Agreement 
between the Provider and the Subcontractor, including any such 
Agreement with regard to proceeds from those calls and services; and
    (i) A list of the types of ICS calls and Ancillary Services 
billed by the Subcontractor and a description of any Revenue-Sharing 
Agreement between the Provider and the Subcontractor, including any 
such Agreement with regard to proceeds from those calls and 
services.
    (14) Additional Information: In the Word template, provide any 
additional information needed to ensure that your entries for Basic 
Information are full and complete.

B. ICS Rates

    41. This section directs you to report Intrastate, Interstate, 
and International ICS rates you charged at each Facility you served 
during the Reporting Period. Enter your responses to items IV.B.(1) 
through IV.B.(9) in the Excel template and your responses to items 
IV.B.(7)(d), IV.B.(7)(e), IV.B.(8)(e), IV.B.(9)(e), IV.B.(9)(f), 
IV.B.(9)(g), and IV.B.(9)(h) in the Word template.
    (1) Contracting Party: In this column, enter the name the 
counterparty to each contract for the provision of ICS that the 
Provider held during the Reporting Period. Identify the specific 
party with whom the Provider executed the contract (e.g., 
``[State's] Department of Corrections'').
    (2) Contract Identifier: In this column, provide a unique 
identifier for each contract for the Provider's provision of ICS 
that was in effect during the Reporting Period.
    (3) Name of Facilities Covered by Contract: In this column, for 
each individual contract listed in response to item IV.B.(2), enter 
the name of every Facility served under that contract during the 
Reporting Period.
    (4) Location of Facilities: In these two columns, enter the 
complete address and geographical coordinates for each Facility 
listed in response to item IV.B.(3).
    (4)(a) Facility Address: Enter the complete address (street 
address, city, state, and ZIP Code) of the physical location of each 
listed Facility.
    (4)(b) Geographical Coordinates: Enter the geographical 
coordinates of each listed Facility.
    (5) Facility Type: In this column, indicate whether the relevant 
Facility is a Prison or a Jail. You may not enter any terms other 
than either Prison or Jail in this column.
    (6) ADP: In this column, provide the ADP that corresponds to 
each Facility that the Provider listed in response to item IV.B.(3). 
You may enter only an integer in this column.
    (7) Intrastate Rates: In these columns, provide information 
pertaining to rates you charged for Intrastate ICS calls from each 
Facility you served during the Reporting Period. For the first two 
categories listed below--Highest and Year-End--provide, for each 
Facility: (a) the total amount charged for a 15-minute call; (b) the 
amount charged for the first minute of that call; and (c) the amount 
charged per minute for each subsequent minute of that call. If your 
per-minute rate at a Facility did not vary, then enter the same rate 
in the relevant sub-columns.
    For example, if you provided Intrastate ICS at $0.11 for the 
first minute and $0.10 per minute for each subsequent minute during 
the first six months of the Reporting Period and at $0.09 for the 
first minute and $0.11 per minute during the remainder of the 
Reporting Period, your former rate combination would result in total 
charges of $1.51 (0.11 + 0.10 * 14) for a 15-minute call and your 
latter rate combination would result in total charges of $1.63 (0.09 
+ 0.11 * 14) for a 15-minute call. You therefore would report $1.63 
in sub-column (7)(a)(i), $0.09 in sub-column (7)(a)(ii), and $0.11 
in sub-column (7)(a)(iii).
    (7)(a) Highest 15-Minute Rate:
    (7)(a)(i) 15-Minute Rate: Report the highest amount you charged 
for a 15-minute Intrastate call from each Facility during the 
Reporting Period in sub-column (7)(a)(i). If you offered different 
Intrastate rate plans within the Reporting Period or changed 
Intrastate rates during the Reporting Period, you must report the 
rate combination that resulted in the highest 15-minute rate even if 
a lower 15-minute rate was also available to Consumers at some point 
during the Reporting Period.
    (7)(a)(ii) First Minute Rate: You must break down the highest 
15-minute rate you entered in sub-column (7)(a)(i) into two 
individual per-minute rates and enter the rate for the first minute 
in sub-column (7)(a)(ii).
    (7)(a)(iii) Additional Minute Rate: You must break down the 
highest 15-minute rate you entered in sub-column (7)(a)(i) into two 
individual rates and enter the rate for each subsequent minute in 
sub-column (7)(a)(iii).
    (7)(b) Highest Year-End 15-Minute Rate:
    (7)(b)(i) 15-Minute Rate: Report the highest amount you charged 
for a 15-minute Intrastate call from each Facility on December 31 in 
sub-column (7)(b)(i). If you offered different Intrastate rate plans 
on December 31, you must report the rate combination that resulted 
in the highest 15-minute rate even if a lower 15-minute Intrastate 
rate was also available to Consumers on December 31. For Facilities 
that you no longer served as of December 31, enter ``0.''
    (7)(b)(ii) First Minute Rate: You must break down the highest 
year-end 15-minute rate you entered in (7)(b)(i) into two individual 
rates and enter the first minute rate in sub-column (7)(b)(ii). For 
Facilities that you no longer served as of December 31, enter ``0.''

[[Page 47112]]

    (7)(b)(iii) Additional Minute Rate: You must break down the 
highest year-end 15-minute rate you entered in sub-column (7)(b)(i) 
into two individual rates and enter the rate for each subsequent 
minute in sub-column (7)(b)(iii). For Facilities that you no longer 
served as of December 31, enter ``0.''
    (7)(c) Average Per-Minute Rate: Report the average per-minute 
rate you charged for Intrastate ICS calls from each Facility during 
the Reporting Period. This average shall equal the total Billed 
Revenues from charges for intrastate ICS calls from the Facility 
during the Reporting Period (excluding any revenues from Ancillary 
Services) divided by the total Billed Minutes of Intrastate ICS from 
that Facility during the Reporting Period.
    (7)(d) Alternative Rate Structures: If you have implemented any 
rate structure other than per-minute rates for Intrastate ICS calls 
from any Facility, explain in detail in the Word template.
    (7)(e) Additional Information: In the Word template, provide any 
additional information needed to ensure that your entries for 
Intrastate Rates are full and complete.
    (8) Interstate Rates: In these columns, provide information 
pertaining to rates you charged for Interstate ICS calls from each 
Facility you served during the Reporting Period. For the first two 
categories listed below--Highest and Year-End--provide, for each 
Facility: (a) the total amount charged for a 15-minute call 
including both the Provider-Related Component and any Facility-
Related Component; (b) the amount charged for the first minute of 
that call; (c) the amount charged per minute for each subsequent 
minute of that call; and (d) any Facility-Related Rate Component of 
the amount charged per minute of that call. If your per-minute rate 
at a Facility did not vary, then enter the same rate in the relevant 
sub-columns.
    For example, if you provided Interstate ICS at $0.11 for the 
first minute and $0.10 per minute for each subsequent minute during 
the first six months of the Reporting Period and at $0.09 for the 
first minute and $0.11 per minute during the remainder of the 
Reporting Period, your former rate combination would result in total 
charges of $1.51 for a 15-minute call and your latter rate 
combination would result in total charges of $1.63 for a 15-minute 
call. You therefore would report $1.63 in sub-column (8)(a)(i). If 
you charged $0.02 per-minute as your Facility-Related Rate 
Component, then you must report $0.09 in sub-column (8)(a)(ii), 
which asks for the total first minute rate including the Facility-
Related Rate Component; $0.11 in sub-column (8)(a)(iii), which asks 
for the total additional minute rate including the Facility-Related 
Rate Component; and $0.02 in sub-column (8)(a)(iv), which asks for 
the per-minute Facility-Related Rate Component alone.
    (8)(a) Highest 15-Minute Rate:
    (8)(a)(i) Highest 15-Minute Rate: Report the highest amount you 
charged for a 15-minute Interstate call from each Facility during 
the Reporting Period in sub-column (8)(a)(i). If you offered 
different Interstate rate plans within the Reporting Period or 
changed Interstate rates during the Reporting Period, you must 
report the rate combination that resulted in the highest 15-minute 
rate even if a lower 15-minute rate was also available to Consumers 
at some point during the Reporting Period. You must calculate the 
highest 15-minute rate by including both the Provider-Related Rate 
Component and any Facility-Related Component of your per-minute 
interstate rates.
    (8)(a)(ii) First Minute Rate: You must break down the highest 
15-minute rate you entered in sub-column (8)(a)(i) into two 
individual per-minute rates and enter the first minute rate in sub-
column (8)(a)(ii). This total first minute rate should include both 
the Provider-Related Rate Component and any Facility-Related Rate 
Component.
    (8)(a)(iii) Additional Minute Rate: You must break down the 
highest 15-minute rate you entered in sub-column (8)(a)(i) into two 
individual rates and enter the rate for each subsequent minute in 
sub-column (8)(a)(iii). This total additional minute rate should 
include both the Provider-Related Rate Component and any Facility-
Related Rate Component.
    (8)(a)(iv) Per-Minute Facility-Related Rate: Report your 
Facility-Related Rate Component of your per-minute Interstate rates 
applied in calculating the Highest 15-Minute Rate you entered in 
(8)(a)(i).
    (8)(b) Highest Year-End 15-Minute Rate:
    (8)(b)(i) Highest 15-Minute Rate: Report the highest amount you 
charged for a 15-minute Interstate call from each Facility on 
December 31 in sub-column (8)(b)(i). If you offered different 
Interstate rate plans on December 31, you must report the rate 
combination that resulted in the highest 15-minute rate even if a 
lower 15-minute Interstate rate was also available to the Consumers 
on December 31. You must calculate the highest 15-minute rate by 
including both the Provider-Related Rate Component and any Facility-
Related Component of your per-minute Interstate rates. For 
Facilities that you no longer served as of December 31, enter ``0.''
    (8)(b)(ii) First Minute Rate: You must break down the highest 
year-end 15-minute rate you entered in (8)(b)(i) into two individual 
rates and enter the first minute rate in sub-column (8)(b)(ii). This 
total first minute rate should include both the Provider-Related 
Rate Component and any Facility-Related Rate Component. For 
Facilities that you no longer served as of December 31, enter ``0.''
    (8)(b)(iii) Additional Minute Rate: You must break down the 
highest year-end 15-minute rate you entered in sub-column (8)(b)(i) 
into two individual rates and enter the rate for each subsequent 
minute in sub-column (8)(b)(iii). This total additional minute rate 
should include both the Provider-Related Rate Component and any 
Facility-Related Rate Component. For Facilities that you no longer 
served as of December 31, enter ``0.''
    (8)(b)(iv) Per-Minute Facility-Related Rate: Report your 
Facility-Related Rate Component of your per-minute interstate rates 
applied in calculating the Highest 15-Minute Rate you entered in 
(8)(b)(i). For Facilities that you no longer served as of December 
31, enter ``0.''
    (8)(c) Average Per-Minute Rate: Report the average per-minute 
rate you charged for Interstate ICS calls from each Facility during 
the Reporting Period. This average shall equal the total Billed 
Revenues from charges for interstate ICS calls from the Facility 
during the Reporting Period (excluding any revenues from Ancillary 
Services) divided by the total number of Billed Minutes of 
interstate ICS from that Facility during the Reporting Period.
    (8)(d) Above Rate Caps: In this column, enter ``Yes'' if you 
charged an Interstate rate above the maximum rate permitted under 
the Commission's Rate Cap Rules for any minute of an Interstate ICS 
call from the Facility during the Reporting Period.
    Enter ``No'' in this column if you only charged Interstate rates 
at or below the maximum rate permitted under the Commission's Rate 
Cap Rules for ICS calls from the given Facility during the Reporting 
Period.
    Please note that the Commission's Rate Cap Rules can change 
during a Reporting Period and you must enter ``Yes'' or ``No'' for 
each Facility by comparing your rates to the relevant rate caps that 
were in effect when you charged those rates to the Consumers.
    (8)(e) Additional Information: In the Word template, provide any 
additional information needed to ensure that your entries for 
Interstate Rates are full and complete.
    (9) International Rates: In these columns, provide information 
pertaining to your highest per-minute rates and any termination 
charges you assessed on Consumers for International ICS calls from 
each Facility you served during the Reporting Period. You must 
calculate termination charges in accordance with 47 CFR 64.6030(e) 
and complete all subsections below.
    42. If you charged the same international rates for all 
facilities governed by the same contract during the reporting 
period, you may report your ICS international rate information on a 
contract-level basis, using the separate tab ``B.(9) International 
Rates'' within the Excel template.
    (9)(a) Domestic Portion of International Rates: Select ``Yes'' 
if the domestic portion of your International ICS rates from the 
Facility (i.e., your International ICS rate minus any International 
termination charges) was the same as the Interstate rates you 
charged for Interstate calls from the Facility. Select ``No'' if the 
domestic portion of your International ICS rates differed from the 
Interstate rates you charged for Interstate calls from the Facility. 
If you select ``No,'' you must explain how they differed in the Word 
template, as further described in item IV.B.(9)(e) below.
    (9)(b) Rates By International Destination: Report, for each 
calendar quarter, the maximum amount and the average amount that you 
paid your underlying International service provider for calls to 
each International Destination on a per-minute basis calculated in 
accordance with 47 CFR 64.6030(e) at each Facility you served during 
the Reporting Period.
    (9)(b)(i) Destination: Enter every International Destination at 
which calls from each Facility you served were terminated during the 
Reporting Period.
    (9)(b)(ii) Highest Per-Minute Rate: Enter the highest per-minute 
rate you charged for International ICS calls from each Facility 
during the Reporting Period.

[[Page 47113]]

    (9)(b)(ii)(1) First Minute Rate: Enter the highest first minute 
rate you charged for International ICS calls from each Facility 
during the Reporting Period.
    (9)(b)(ii)(2) Additional Minute Rate: Enter the highest 
additional minute rate you charged for International ICS calls from 
each Facility during the Reporting Period.
    (9)(b)(iii) Maximum Termination Charges: Report the maximum 
amount that you paid your underlying International service provider 
for calls to each International Destination on a per-minute basis.
    (9)(b)(iii)(1) Q1: Enter the maximum termination charge for the 
first quarter of the Reporting Period.
    (9)(b)(iii)(2) Q2: Enter the maximum termination charge for the 
second quarter of the Reporting Period.
    (9)(b)(iii)(3) Q3: Enter the maximum termination charge for the 
third quarter of the Reporting Period.
    (9)(b)(iii)(4) Q4: Enter the maximum termination charge for the 
fourth quarter of the Reporting Period.
    (9)(b)(iv) Average Termination Charges: Report the average 
amount that you paid your underlying International service provider 
for calls to each International Destination on a per-minute basis 
calculated in accordance with 47 CFR 64.6030(e).
    (9)(b)(iv)(1) Q1: Enter the average termination charge for the 
first quarter of the Reporting Period.
    (9)(b)(iv)(2) Q2: Enter the average termination charge for the 
second quarter of the Reporting Period.
    (9)(b)(iv)(3) Q3: Enter the average termination charge for the 
third quarter of the Reporting Period.
    (9)(b)(iv)(4) Q4: Enter the average termination charge for the 
fourth quarter of the Reporting Period.
    (9)(c) Above Cap International Rates: In this column, enter 
``Yes'' if you assessed any rate above the maximum amount permitted 
under the Commission's Rate Cap Rules for any minute of an 
International ICS call from the Facility during the Reporting 
Period.
    Enter ``No'' in this column if your International rates were at 
or below the maximum amount permitted under the Commission's Rate 
Cap Rules for each International ICS call from the given Facility 
during the Reporting Period.
    (9)(d) Above Cap Termination Charges: In this column, enter 
``Yes'' if you assessed any termination charge above the maximum 
amount permitted under the Commission's Rate Cap Rules for any 
minute of an International ICS call from the Facility during the 
Reporting Period.
    Enter ``No'' in this column if your termination charges were at 
or below the maximum amount permitted under the Commission's Rate 
Cap Rules for ICS calls from the given Facility during the Reporting 
Period.
    (9)(e) Domestic Portion of International Rates: If any of your 
answers for item IV.B.(9)(a) is ``No,'' explain in the Word template 
how the domestic portion of your International ICS rates differed 
from the Interstate rates you charged for Interstate calls from the 
Facility.
    (9)(f) Above Cap Termination Charges: If any of your answers for 
item IV.B.(9)(b) is ``Yes,'' explain in detail in the Word template 
the circumstances surrounding your assessing a termination charge 
above the maximum amount permitted under the Commission's Rate Cap 
Rules. This explanation shall include, among other relevant 
information, the circumstances leading to the above cap assessments; 
the total amount of above cap assessments; the number of Consumers 
affected; the number of calls affected; a breakdown of the above cap 
assessments by Facility and International Destination; and a 
statement as to whether the above cap assessments have been refunded 
to Consumers.
    (9)(g) Other International Rate Offerings: Your responses to 
Parts IV.B.(9)(a) through IV.B.(9)(f) will provide, either on a 
Facility-by-Facility basis or, if certain conditions are met, a 
contract-level basis, detailed international rate information for 
each international rate destination that to which ICS calls were 
placed from a particular Facility during the Reporting Period. In 
the Word template, provide link(s) to publicly available web page(s) 
setting forth the rates at which you offered international ICS 
during the Reporting Period for International Destinations that were 
not called from a particular Facility during the Reporting Period.
    (9)(h) Additional Information: In the Word template, provide any 
additional information needed to ensure that your entries for 
International Rates are full and complete.

C. ICS Rates Above the Maximum Rates Permitted Under the 
Commission's Rate Cap Rules

    This section requires you to provide additional information 
regarding the Interstate and International rates charged for ICS 
calls from each Facility for which you entered ``Yes'' in response 
to items IV.B.(8)(d) and IV.B.(9)(d). Enter ``N/A: No Charges Above 
the FCC Rate Caps'' at the top of the sheet C. of the Excel template 
if you entered ``No'' for every Facility you served during the 
Reporting Period in response to items IV.B.(8)(d) and IV.B.(9)(d). 
Enter your responses for items IV.C.(1) through IV.C.(3) in the 
Excel template, and items IV.C.(4) through IV.C.(6) in the Word 
template.
    (1) Contract Identifier: In this column, provide a unique 
identifier for each contract for the Provider's provision of ICS 
that was in effect during the Reporting Period.
    (2) Name of Facilities Covered by Contract: In this column, for 
each individual contract listed in response to item IV.C.(1), enter 
the name of every Facility served under that contract during the 
Reporting Period.
    (3) Rate Information: In these columns, provide additional 
information regarding the Interstate and International rates charged 
for ICS calls from each Facility for which you entered ``Yes'' in 
response to items IV.B.(8)(d) and IV.B.(9)(d).
    (3)(a) Applicable Period: Provide the relevant period during 
which you charged each reported rate in a MM/DD/YYYY format (e.g., 
``03/22/2022 to 07/15/2022'').
    (3)(b) Interstate Rates: Complete all items below for your 
Interstate ICS rates charged during the Reporting Period.
    (3)(b)(i) Total Rate: If your total combined Interstate rate 
(i.e., the sum of Provider-Related Rate Component and Facility-
Related Rate Component) and/or a component thereof exceeded the 
maximum rate permitted under the Rate Cap Rules, report the total 
per-minute rate that your charged.
    (3)(b)(ii) Provider Rate: If your total combined Interstate rate 
and/or a component thereof exceeded the maximum rate permitted under 
the Rate Cap Rules, report the Provider-Related Rate Component of 
the rate that you charged.
    (3)(b)(iii) Facility Rate: If your total combined Interstate 
rate and/or a component thereof exceeded the maximum rate permitted 
under the Rate Cap Rules, report the Facility-Related Rate Component 
of the rate that you charged.
    (3)(b)(iv) Facility Rate Type: Indicate the nature of the rate 
that you reported in (3)(b)(iii). Select ``Contract'' if the 
facility rate component is required by your contract with the 
Facility. Select ``State Law'' if the facility rate component is 
required by a state statute, law, or regulation applicable to your 
rate.
    (3)(c) International Rates: Complete all items below for your 
International ICS rates charged during the Reporting Period.
    (3)(c)(i) Total Rate: If your total per-minute International ICS 
rate (i.e., the sum of the domestic portion and any termination 
charge) and/or a component thereof exceeded the maximum rate 
permitted under the Rate Cap Rules, report the total per-minute rate 
that your charged.
    (3)(c)(ii) Termination Charge: If your total per-minute 
International ICS rate or your termination charge exceeded the 
maximum amount permitted under the Rate Cap Rules, report the 
termination charge that you charged.
    (4) Explanation of Above Cap Interstate Rates: In the Word 
template, explain in detail the circumstances surrounding each 
Interstate ICS rate you charged that exceeded the maximum amount 
permissible under the Commission's Rate Cap Rules. This explanation 
shall include, among other relevant information, the circumstances 
leading to the above cap charges; the total amount of above cap 
charges; the number of Consumers affected; the number of calls 
affected; a breakdown of the above cap charges by Facility; and a 
statement as to the extent to which the above cap assessments have 
been refunded to Consumers.
    (5) Explanation of Above Cap International Rates: In the Word 
template, explain in detail the circumstances surrounding each 
International ICS rate you charged that exceeded the maximum amount 
permissible under the Commission's Rate Cap Rules. This explanation 
shall include, among other relevant information, the circumstances 
leading to the above cap charges; the total amount of above cap 
charges; the number of Consumers affected; the number of calls 
affected; a breakdown of the above cap charges by Facility; and a 
statement as to the extent to which the above cap assessments have 
been refunded to Consumers.
    (6) Additional Information: In the Word template, provide any 
additional information needed to ensure that your entries for ICS 
Rates Above the Maximum Rates Permitted Under the Commission's Rate 
Cap Rules are full and complete.

[[Page 47114]]

D. Ancillary Service Charges

    This section requires you to provide, on a Facility-by-Facility 
basis, information regarding any Ancillary Services you offered 
during the Reporting Period. Enter your responses for items IV.D.(1) 
through IV.D.(3) in the Excel template, and items IV.D.(4) through 
IV.D.(8) in the Word template.
    (1) Contract Identifier: In this column, provide a unique 
identifier for each contract for the Provider's provision of ICS 
that was in effect during the Reporting Period.
    (2) Name of Facilities Covered by Contract: In this column, for 
each individual contract listed in response to item IV.D.(1), enter 
the name of every Facility served under that contract during the 
Reporting Period.
    (3) Ancillary Service Charges: The Excel template contains 
columns for Automated Payment Service, Live Agent Service, Paper 
Bill/Statement Service, Single-Call and Related Services, and Third-
Party Financial Transaction Services, and a placeholder column for 
Other Ancillary Services. Each Ancillary Service column contains up 
to eleven sub-columns, (3)(a)-(g), as described below. Using these 
sub-columns, you must indicate whether you assessed an Ancillary 
Service Charge at the relevant Facility during the Reporting Period, 
and report the jurisdictional nature of the charge, the amount you 
billed to Consumers per transaction, whether the Ancillary Service 
Charge is fixed or variable, the total number of times each charge 
was assessed, and information regarding Single-Call and Related 
Services fees and Third-Party Financial Transaction Fees. For any 
Ancillary Service Charges you assessed on Consumers that are not 
listed, use the placeholder column for Other Ancillary Services and 
change the column name (e.g., Other-Connection Fee) and repeat this 
column as needed.
    (3)(a) Billed (Yes/No): In this column, enter ``Yes'' if you 
assessed an Ancillary Service Charge to Consumers.
    (3)(b) Jurisdiction: In this column, enter ``Intrastate only,'' 
``Interstate/International only,'' or ``Both,'' depending on the 
jurisdictional nature of the Ancillary Service Charge.
    (3)(c) Amounts Billed for Ancillary Service Charges: In this 
column, report the maximum amount per transaction billed to 
Consumers for each type of Ancillary Service Charge that you 
assessed.
    (3)(d) Fixed or Variable Fees: In this column, report whether 
the Ancillary Service Charge is fixed or varied based on the 
transaction amount or other factors.
    (3)(e) Number of Times Each Charge Has Been Assessed: In this 
column, report the total number of times you assessed each Ancillary 
Service Charge to Consumers from each Facility during the Reporting 
Period. The number must be reported by Facility, not by Consumer, 
and must be for any amounts billed, not just the maximum amount 
billed, to Consumers.
    (3)(f) Third-Party Single Call and Related Services Fees: In 
this column, provide the name of each Third Party for which you 
passed through to Consumers a transaction fee for Single Call and 
Related Services Fees during the Reporting Period. Enter N/A if you 
did not pass through any such transaction fees during the reporting 
period.
    (3)(f)(1): For each third party identified in response to item 
IV.D(3)(f), state the number of times you passed through to 
Consumers a transaction fee for Single Call and Related Services 
during the Reporting Period. Enter N/A if you did not pass through 
any such transaction fees during the reporting period.
    (3)(f)(2): For each third party identified in response to item 
IV.D(3)(f), provide the total amount of transaction fees for Single 
Call and Related Services that you passed through to Consumers 
during the Reporting Period. Enter N/A if you did not pass through 
any such transaction fees during the reporting period.
    (3)(g) Third Party Financial Transaction Fees: In this column, 
provide the name of each Third Party for which you passed through to 
Consumers Third Party Financial Transaction Fees during the 
Reporting Period. Enter N/A if you did not pass through any such 
transaction fees during the reporting period.
    (3)(g)(1): For each third party identified in response to item 
IV.D(3)(g), state the number of times you passed through to 
Consumers a Third Party Financial Transaction Fees during the 
Reporting Period. Enter N/A if you did not pass through any such 
transaction fees during the reporting period.
    (3)(g)(2): For each third party identified in response to item 
IV.D(3)(g), provide the total amount of Third Party Financial 
Transaction Fees that you passed through to Consumers during the 
Reporting Period. Enter N/A if you did not pass through any such 
transaction fees during the reporting period.
    (4) Above Cap Ancillary Service Charges: If any of your answers 
for item IV.D.(3)(c), Amounts Billed for Ancillary Service Charges, 
exceeds the maximum charges permitted under the Commission's 
Ancillary Service Charge Rules, explain in detail in the Word 
template the circumstances surrounding the above cap charges. This 
explanation shall include, among other relevant information, the 
circumstances leading to the above cap charges; the total amount of 
above cap charges; the number of Consumers affected; a breakdown of 
the above cap charges by type of charge and frequency for each 
relevant Facility; and a statement as to the extent to which the 
above cap charges have been refunded to Consumers.
    (5) Variable Ancillary Service Charges: If any of your answers 
for item IV.D.(3)(d), Fixed or Variable Fees, is variable, explain 
in the Word template how the variable fee is calculated, and provide 
the allocation and/or methodology for the variable fee, if 
applicable.
    (6) Allocation of Reported Number: If any of your answers for 
item IV.D.(3)(e), Number of Times Each Charge Has Been Assessed, 
reflects an allocation of Ancillary Service Charge payments among 
Facilities, explain in the Word template why an allocation is 
necessary and provide the methodology used to perform the 
allocation.
    (7) Calculating Variable Service Fees: In the Word template, 
explain in detail how you calculated variable service fees charged 
to consumers for using ancillary services.
    (8) Additional Information: In the Word template, provide any 
additional information needed to ensure that your entries for 
Ancillary Service Charges are full and complete.

E. Site Commissions

    This section requires you to report, for each Facility you 
served during the Reporting Period, your total average monthly Site 
Commission payments and to divide those payments into certain 
specified categories. Enter your responses for items IV.E.(1) 
through IV.E.(4) in the Excel template, and items IV.E.(5) through 
IV.E.(8) in the Word template.
    Each category's monthly average shall be calculated by dividing 
the total Site Commission payments for that category during the 
Reporting Period by number of months during which you provided ICS 
during the Reporting Period. Each of your entries shall be a dollar 
amount, except that you shall enter ``N/A'' for categories for which 
you had no Site Commission payments during the Reporting Period.
    (1) Contract Identifier: In this column, provide a unique 
identifier for each contract for the Provider's provision of ICS 
that was in effect during the Reporting Period.
    (2) Name of Facilities Covered by Contract: In this column, for 
each individual contract listed in response to item IV.E.(1), enter 
the name of every Facility served under that contract during the 
Reporting Period.
    (3) Monthly Site Commission Payments: Report, for each Facility 
you served during the Reporting Period, the dollar amount of your 
average monthly Site Commission payments during the Reporting 
Period. Enter ``N/A'' for the sub-columns if you did not pay the 
applicable Site Commission.
    (3)(a) Legally Mandated Site Commission Payments: Report, for 
each Facility you served during the Reporting Period, the dollar 
amount of your average monthly Legally Mandated Site Commission 
payments during the Reporting Period.
    (3)(a)(i) Monetary Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your average monthly Legally Mandated Site Commission payments 
that were Monetary Site Commission payments.
    (3)(a)(i)(1) Fixed Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your average monthly Legally Mandated, Monetary Site Commission 
payments that were Fixed Site Commission payments.
    (3)(a)(i)(2) Variable Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your average monthly Legally Mandated, Monetary Site Commission 
payments that were Variable Site Commission payments.
    (3)(a)(ii) In-Kind Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your average monthly Legally Mandated Site Commission payments 
that were In-Kind Site Commission payments.

[[Page 47115]]

    (3)(a)(ii)(1) Fixed Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your average monthly Legally Mandated, In-Kind Site Commission 
payments that were Fixed Site Commission payments.
    (3)(a)(ii)(2) Variable Site Commission Payments: Report, for 
each Facility you served during the Reporting Period, the dollar 
amount of your average monthly Legally Mandated, In-Kind Site 
Commission payments that were Variable Site Commission payments.
    (3)(b) Contractually Prescribed Site Commission Payments: 
Report, for each Facility you served during the Reporting Period, 
the dollar amount of your average monthly Contractually Prescribed 
Site Commission payments.
    (3)(b)(i) Monetary Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your average monthly Contractually Prescribed Site Commission 
payments that were Monetary Site Commission payments.
    (3)(b)(i)(1) Fixed Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your average monthly Contractually Prescribed, Monetary Site 
Commission payments that were Fixed Site Commission payments.
    (3)(b)(i)(2) Variable Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your average monthly Contractually Prescribed, Monetary Site 
Commission payments that were Variable Site Commission payments.
    (3)(b)(ii) In-Kind Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your average monthly Contractually Prescribed Site Commission 
payments that were In-Kind Site Commission payments.
    (3)(b)(ii)(1) Fixed Site Commission Payments: Report, for each 
Facility you served during the Reporting Period, the dollar amount 
of your Legally Mandated, In-Kind Site Commission payments that were 
Fixed Site Commission payments.
    (3)(b)(ii)(2) Variable Site Commission Payments: Report, for 
each Facility you served during the Reporting Period, the dollar 
amount of your average monthly Contractually Prescribed, In-Kind 
Site Commission payments that were Variable Site Commission 
payments.
    (4) Total Site Commission Amount Paid: For each Facility you 
served during the Reporting Period, report the total dollar amount 
of your Site Commission payments during the Reporting Period.
    (4)(a) Total Fixed Site Commissions Amount Paid: In this column, 
enter the total dollar amount in Fixed Site Commissions you paid to 
the Facility during the Reporting Period.
    (4)(b) Total Variable Site Commissions Amount Paid: In this 
column, enter the total dollar amount in Variable Site Commissions 
you paid to the Facility during the Reporting Period.
    (5) Allocation of Reported Amount: If any amount reported for 
items in IV.E.(3)-(4) reflects an allocation of Site Commission 
payments among Facilities covered by a given contract, explain in 
the Word template why an allocation is necessary, provide the 
methodology used to perform the allocation, and explain why you 
chose the particular allocation method. For each amount reflecting 
an allocation of Site Commission payments among Facilities covered 
by a given contract, you must identify each Facility to which that 
amount has been allocated and include the contract identifier 
information for each Facility covered by that contract.
    (6) In-Kind Site Commission: Describe in the Word template your 
in-kind Site Commission payments in detail, including the valuation 
methodology you used for your responses in the Excel Template. 
Specifically describe each Security Service that you classify as an 
In-Kind Site Commission payment. Also specifically describe any 
other payment, gift, exchange of services or goods, fee, technology 
allowance, or product that you classify as an In-Kind Site 
Commission payment.
    (7) Legal Authority for Legally Mandated Site Commission 
Payments: For any Legally Mandated Site Commission payments reported 
in item IV.E.(3)(a) above, provide a citation to the authority 
requiring the Legally Mandated Site Commission at the Facility.
    (8) Additional Information: In the Word template, provide any 
additional information needed to ensure that your entries for Site 
Commissions are full and complete.

F. Disability Access

    43. This section directs you to provide, on a Facility-by-
Facility basis, information regarding any completed calls that 
utilized the Disability Access services you offer during the 
Reporting Period. Enter your responses for items IV.F.(1) through 
IV.F.(10) in the Excel template, and items IV.F.(11) through 
IV.F.(13) in the Word template.
    (1) Contract Identifier: In this column, provide a unique 
identifier for each contract for the Provider's provision of ICS 
that was in effect during the Reporting Period.
    (2) Name of Facilities Covered by Contract: In this column, for 
each individual contract listed in response to item IV.F.(1), enter 
the name of every Facility served under that contract during the 
Reporting Period.
    (3) Number of Disability-Related Calls: In this column, list the 
number of TTY-based ICS calls made in that Facility during the 
Reporting Period.
    (4) Number of Dropped Disability-Related Calls: In this column, 
list the number of dropped TTY-based ICS calls made in that Facility 
during the Reporting Period.
    (5) Number of Complaints Regarding Problems Experienced with 
Disability-Related Calls: In this column, provide the number of 
complaints received by the Provider related to a problem with TRS or 
TTY-based ICS calls made in that Facility during the Reporting 
Period. These problems could include, for example, dropped calls and 
calls with poor quality connections.
    (6) Ancillary Service Charges: In this column, list each type of 
Ancillary Service Charge you assessed during the Reporting Period 
for access to or use of TTY equipment or other disability-related 
ICS technologies at the relevant Facility.
    (7) Billed (Yes/No): In this column, enter ``Yes'' if you 
assessed an Ancillary Service Charge to Consumers of TTY-based 
calls.
    (8) Jurisdiction: In this column, enter ``Intrastate only,'' 
``Interstate only,'' or ``Both,'' depending on the jurisdictional 
nature of the Ancillary Service Charge.
    (9) Amounts Billed for Ancillary Service Charges: In this 
column, report the total amount billed to Consumers of TTY-based 
calls for each type of Ancillary Service Charge that you assessed. 
If there was no cost to the Consumer, report the amount billed as 
zero.
    (10) Number of Times Each Charge Has Been Assessed: In this 
column, report the total number of times you assessed each Ancillary 
Service Charge to Consumers of TTY-based calls at each Facility 
during the Reporting Period. The number must be reported by 
Facility, not by Consumer, and must be for any amounts billed, not 
just the maximum amount billed, to Consumers.
    (11) Above Cap TTY-Based Ancillary Service Charges: If any of 
your answers for item IV.F.(9), Amounts Billed for Ancillary Service 
Charges, exceeds the maximum charges permitted under the 
Commission's Ancillary Service Charge Rules, explain in detail in 
the Word template the circumstances surrounding the above cap 
charges. This explanation shall include, among other relevant 
information, the circumstances leading to the above cap charges; the 
total amount of above cap charges; the number of Consumers affected; 
a breakdown of the above cap charges by type of charge and frequency 
for each relevant Facility; and a statement as to the extent to 
which the above cap charges have been refunded to Consumers.
    (12) Allocation of Reported Number: If a reported number of 
times each charge has been assessed reflects an allocation of 
Ancillary Service Charge payments among Facilities, explain in the 
Word template why an allocation is necessary, provide the 
methodology used to perform the allocation, and why you chose the 
particular allocation method.
    (13) Additional Information: In the Word template, provide any 
additional information needed to ensure that your entries for 
Disability Access are full and complete.

V. Annual Certificate Requirements

    Each Provider of Inmate Calling Services must submit a signed 
certification form as part of Annual Report. The Chief Executive 
Officer (CEO), Chief Financial Officer (CFO), or other senior 
executive of the Provider must complete the form and certify that, 
based the executive's own reasonable inquiry, that all statements 
and information contained in the Provider's Annual Report are true, 
accurate, and complete. The Certification Form is Appendix C to 
these Instructions.
    (1) Name of Service Provider: Provide the name under which the 
provider offers ICS. If the provider offers ICS under more than one 
name, provide all relevant names.

[[Page 47116]]

    (2) Reporting Years: Provide the relevant time period for the 
information the certification covers.
    (3) Officer Name, Title: Provide the name and title of the 
officer completing the certification form. The officer must be the 
CEO, CFO, or other senior executive who can attest to the 
truthfulness, accuracy, and completeness of the information 
provided.
    (4) Mailing Address of Officer: Provide the business mailing 
address of the officer identified in item V.(3).
    (5) Telephone Number: Provide the business telephone number, 
with area code, of the officer identified in item V.(3).
    (6) Email Address: Provide the business email address of the 
officer identified in item V.(3).
    (7) Certification: This item requires the person who signs the 
certification form on behalf of the service provider to declare, 
under penalty of perjury, that (1) the signatory is an officer of 
the above-named service provider and is authorized to submit the 
attached Annual Report on behalf of the service provider; (2) the 
signatory has examined the attached Annual Report and determined 
that all requested information has been provided; and (3) based on 
information known to the signatory, or provided to the signatory by 
employees responsible for the information being submitted, and on 
the signatory's own reasonable inquiry, all statements and 
information contained in the provider's Annual Report are true, 
accurate, and complete.
    (8) Signature of Authorized Officer: The signature of the 
officer identified in item V.(3) is required in this block.
    (9) Date: The date the officer identified in item V.(3) signs 
the form is required in this block.
    (10) Printed Name of Authorized Officer: The printed name of the 
officer identified in item V.(3) is required in this block.

[FR Doc. 2022-16146 Filed 8-1-22; 8:45 am]
BILLING CODE 6712-01-P