Incarcerated People's Communication Services; Implementation of the Martha Wright-Reed Act; Rates for Interstate Inmate Calling Services, 80449-80451 [2024-22819]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Proposed Rules]
[Pages 80449-80451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22819]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WC Docket Nos. 12-375, 23-62; DA 24-918; FR ID 246456]


Incarcerated People's Communication Services; Implementation of 
the Martha Wright-Reed Act; Rates for Interstate Inmate Calling 
Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; solicitation of comments.

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SUMMARY: In this document, the Wireline Competition Bureau (WCB) and 
the Consumer and Governmental Affairs Bureau (CGB) (collectively, the 
Bureaus) of the Federal Communications Commission seek to refresh the 
record on proposed revisions to the instructions and templates for the 
Annual Reports and Annual Certifications submitted by providers of 
incarcerated people's communications services (IPCS).

DATES: Comments are due November 4, 2024. Reply Comments are due 
November 18, 2024.

ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.
    You may submit comments, identified by WC Docket Nos. 23-62, 12-
375, by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the Electronic Comment Filing System 
(ECFS): https://www.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Filings can be sent by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail.
    The Commission adopted a Protective Order in this proceeding which 
incorporates all materials previously designated by the parties as 
confidential. Filings that contain confidential information should be 
appropriately redacted and filed pursuant to the procedure described in 
that Order.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected], or call the 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice) or 
(202) 418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: Michael Scott, Disability Rights 
Office of the Consumer and Governmental Affairs Bureau, at (202) 418-
1264 or via email at [email protected], regarding portions of this 
document relating to communications services for incarcerated people 
with disabilities, and Stephen Meil, Pricing Policy Division of the 
Wireline Competition Bureau, at (202) 418-7233 or via email at 
[email protected], regarding other matters.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document seeking to refresh the record on incarcerated people's 
communications services annual reporting obligations, document DA 24-
918, released on September 11, 2024, in WC Docket Nos. 12-375 and 23-
62. The full text of document DA 24-918 can be accessed electronically 
via the FCC's Electronic Document Management System (EDOCS) website at 
www.fcc.gov/edocs or via the FCC's Electronic Comment Filing System 
(ECFS) website at www.fcc.gov/ecfs, or is available at the following 
internet address: https://www.fcc.gov/document/2024-incarcerated-peoples-communications-services-annual-reports-pn.
    Synopsis: By document DA 24-918, the Wireline Competition Bureau 
(WCB) and the Consumer and Governmental Affairs Bureau (CGB) 
(collectively, the Bureaus) invite supplemental comment to refresh and 
expand upon the record regarding the annual reporting and certification 
requirements for providers of incarcerated people's communications 
services (IPCS). The Commission requires IPCS providers to make annual 
filings ``to enable the Commission to monitor and track trends in the 
IPCS marketplace, increase provider transparency, and ensure compliance 
with the Commission's rules.''
    In an August 3, 2023 document, DA 23-656 (88 FR 53850, August 9, 
2023), the Bureaus sought comment on proposed revisions to the 
instructions and templates for the annual reports and annual 
certifications that the Commission requires IPCS providers to submit. 
At the time document DA 23-656 was published, only ``IPCS providers 
that [were] classified as inmate calling services (ICS) providers under 
the Commission's rules [were] required to make these filings.'' 
However, pursuant to the reforms adopted in the 2024 IPCS Order, all 
IPCS providers are now required to make these filings. Subsequently, in 
the 2024 IPCS Order, the Commission modified ``the scope and content of 
[its] annual reports to reflect the . . .

[[Page 80450]]

expansion of Commission jurisdiction over other communications services 
in carceral facilities, including video IPCS and other advanced 
communications services, as well as intrastate IPCS, and the providers 
that offer these services'' under the Martha Wright-Reed Just and 
Reasonable Communications Act of 2022 (Martha Wright-Reed Act). In 
issuing this document, the Bureaus seek to build on the record 
developed in response to document DA 23-656 so it better reflects the 
Commission's expanded jurisdiction and the reforms adopted in the 2024 
IPCS Order.
    In the 2024 IPCS Order, the Commission revised its rules by, inter 
alia:
     adopting permanent rate caps for audio IPCS and interim 
rate caps for video IPCS;
     adopting new facility tiers for both audio and video IPCS;
     prohibiting providers from imposing any ancillary service 
charges on IPCS consumers;
     prohibiting providers from making site commission payments 
for IPCS;
     allowing providers to offer alternate pricing plans for 
IPCS subject to certain conditions; and
     revising and strengthening IPCS accessibility requirements 
for incarcerated people with disabilities.
    The 2024 IPCS Order also modified the scope and content of the 
annual reports to reflect the reforms adopted under the Martha Wright-
Reed Act. The Commission expanded its annual reporting and 
certification requirements to include the full scope of services and 
providers now subject to the IPCS rules. The Commission also eliminated 
the sections of the annual reporting rules mandating the reporting of 
information on ancillary service charges and site commissions, to 
reflect the prohibition of those items adopted in the 2024 IPCS Order. 
The Commission also retained the rules describing the reporting 
requirements concerning TRS and related communications services, but 
renumbered them. Finally, the Commission reaffirmed and updated its 
prior delegation of authority to the Bureaus to revise the annual 
reports, to reflect the Commission's expanded authority under the 
Martha Wright-Reed Act and the other actions taken in the 2024 IPCS 
Order, and directed that the Bureaus pay particular attention to the 
video IPCS marketplace and the availability and usage of 
Telecommunications Relay Services (TRS) in exercising this delegated 
authority.
    Pursuant to this delegated authority, the Bureaus seek to expand 
and refresh the record on revisions to the Annual Report instructions, 
templates, and certification form, in addition to those proposed in 
document 23-656, and to implement the modifications to the annual 
reporting and certification requirements adopted by the Commission in 
the 2024 IPCS Order. The Bureaus also seek comment on any additional 
modifications the Bureaus should consider to make to these forms 
consistent with the new rules, including the varied compliance dates 
adopted in the 2024 IPCS Order. Although the Bureaus seek comment below 
on specific changes to the annual reporting and certification 
requirements, the Bureaus also seek comment, generally, on any further 
modifications necessary to reflect the comprehensive reforms contained 
in the 2024 IPCS Order.
    In particular, the Bureaus invite comment on ways to: ensure 
consistency between the new IPCS rules and annual reporting and 
certification requirements; streamline the existing requirements 
consistent with the new rules; and make the reports more clear and/or 
accurate. For example, the Bureaus seek comment on revisions to the 
General Instructions and Definitions to clarify that the annual 
reporting requirement now applies to all IPCS providers and IPCS 
communication services, and to conform the definitions to those adopted 
in the 2024 IPCS Order. The Bureaus also invite comment on any 
necessary additions to the reporting requirements. In the 2024 IPCS 
Order, the Commission directed that the Bureaus ``pay particular 
attention to how best to capture developments in the rapidly changing, 
but nascent video IPCS marketplace in updating the requirements for the 
annual reports.'' The Bureaus seek comment on how they might best 
implement this Commission directive. The Bureaus also seek comment on 
how to collect information concerning alternate pricing plans, and on 
the appropriate level of granularity for such data. In addition, the 
Bureaus seek comment on collecting information concerning facilities' 
IPCS costs, such as requiring providers to report information on any 
reimbursements they provide to facilities.
    The Bureaus invite comment on whether there is additional 
information they should seek relating to the use of TRS in carceral 
facilities, beyond what was proposed in document 23-656. In the 2024 
IPCS Order, the Commission directed that the Bureaus consider ``not 
only the availability of TRS, but growth of both the user base and the 
use of TRS, capturing data on the number of individuals with 
disabilities who are requesting access to the additional forms of TRS 
in carceral facilities, changes in the monthly minutes of use for each 
type of TRS, and other useful metrics'' in revising the requirements 
for the Annual Reports. The Bureaus invite comment on how they might 
best implement this Commission directive.
    Are there other changes the Bureaus should make to streamline the 
reporting requirements? Should the Bureaus consider combining the 
separate questions on intrastate and interstate rates into a single set 
of questions to reduce burdens on respondents? What about the idea of 
removing references to the provider-related and facility-related rate 
components? Would that change condense the annual reports submitted? 
Similarly, to what extent should the Bureaus align the reporting 
approach for video IPCS with that for audio IPCS?
    Finally, are there other changes or additions the Bureaus should 
make to gather better or more accurate data or to make the instructions 
more precise? For example, what information or data should the Bureaus 
require to enable the Commission to better monitor compliance and 
industry trends, or increase transparency to the public? Should the 
Bureaus require providers to submit audited financial statements or 
similar documentation as part of their annual report filings, as the 
Commission required for the 2023 Mandatory Data Collection? Conversely, 
are there any proposed instructions, inquiries, or data fields that 
should be removed because they are unnecessary to ensure that providers 
report uniform and accurate data and other information, or because they 
are inconsistent with the 2024 IPCS Order? Finally, the Bureaus seek 
comment on the relative benefits and burdens of any proposed 
modifications to the reporting and certification requirements.

Procedural Matters

    Providing Accountability Through Transparency Act. Consistent with 
the Providing Accountability Through Transparency Act, Public Law 118-
9, a summary of this document will be available on https://www.fcc.gov/proposed-rulemakings.
    Ex Parte Presentations. This proceeding shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that

[[Page 80451]]

memoranda summarizing the presentation must (1) list all persons 
attending or otherwise participating in the meeting at which the ex 
parte presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda, or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in the prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with section 1.1206(b) of the Commission's rules. 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Federal Communications Commission.
Lynne Engledow,
Deputy Chief, Pricing Policy Division, Wireline Competition Bureau.
[FR Doc. 2024-22819 Filed 10-2-24; 8:45 am]
BILLING CODE 6712-01-P