FCC Bureau Denies Industry, State/Sheriff Requests to Stay Inmate Calling Order
The FCC Wireline Bureau denied petitions to stay an inmate calling service order on reconsideration that raised ICS rate caps without restricting site-commission payments to correctional authorities (see 1609020028). "Petitioners have failed to demonstrate that they will suffer irreparable harm…
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if the Reconsideration Order is not stayed," said a bureau order Friday in docket 12-375. "Nor have they persuaded us that they are likely to succeed on the merits or that a stay would be in the public interest. To the contrary, we find that other parties -- particularly ICS consumers -- will be harmed if the Reconsideration Order is stayed." ICS providers -- Global Tel*Link, Securus and Telmate -- along with NARUC, states and sheriffs filed four petitions asking the FCC to stay its own order. The petitioners cited three previous stays of FCC ICS orders by the U.S. Court of Appeals for the D.C. Circuit, pending its review of underlying challenges to those orders on the merits. Absent an FCC stay of the recon order, petitioners said they plan to seek a new court stay.