FCC Commissioners Ajit Pai and Mike O’Rielly dissented today from the Commission’s decision to set caps on charges for interstate and intrastate inmate calling services (ICS), arguing that the agency’s action exceeds its legal authority. In a change from the draft ICS items as originally circulated (TRDaily, Sept. 30), the Wireline Competition docket 12-375 order and third further notice of proposed rulemaking (FNPRM) adopted at today’s Commission meeting do not apply the rate caps to international ICS calls, and instead seek further comment on the possibility.
Similarly, mandatory data collections from ICS providers that were in the draft order have become proposals for further comment in the third FNPRM. In addition, while the new rate caps would take effect for ICS providers at prisons 90 days after publication in the “Federal Register,” as the original draft order would have required, ICS providers at jails have additional time under the order as adopted. The rate caps would not take effect at jails until six months after the “Federal Register” notice.
The ICS item follows a 2013 order setting an interim cap of 21 cents per minute on interstate ICS rates, which then acting Chairwoman Mignon L. Clyburn and Commissioner Jessica Rosenworcel adopted over the dissent of Commissioner Ajit Pai. At the time, the nominations of Tom Wheeler and Mike O’Rielly were pending before the Senate.
The text of the order and FNPRM was not available at TRDaily’s news deadline. The Commission granted staff editorial privileges to make minor changes over the objection of Commissioner O’Rielly.
Last year, with only partial agreement by Commissioners Ajit Pai and Mike O’Rielly, the FCC voted to seek input on additional ways it could address high ICS rates, including a permanent rate cap for intrastate as well as interstate ICS services and a prohibition on payments by providers to prisons and other facilities for the privilege of providing services to inmates and their families, known as site commissions.
Today, Chairman Wheeler gave credit to Commissioner Clyburn for pushing ICS reform action forward and said that he expected she would “keep my feet to the fire” on addressing the issues raised in today’s FNPRM. Commissioner Clyburn, in turn, said that the Chairman had kept his pledge to her that he would move forward on the ICS proceeding, and said with respect to today’s FNPRM that she likes to finish what she starts. During her statement, she also thanked Commissioner Rosenworcel for her support on the 2013 order, when the two formed a majority on that item over the dissent of Commissioner Pai. Continue reading →
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