DC Circuit Grants Securus, Others Stay of FCC's Latest Inmate Calling Rate Caps
A court granted Securus and others a stay of new FCC inmate calling service rate caps included in an August order that allowed ICS providers to cover correctional facility costs, but without restricting their site-commission payments (see 1608040037). A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a brief order (in Pacer) Wednesday saying petitioners had met the stringent requirements for a stay in Securus v. FCC, No. 16-1321 and consolidated cases. The judges were Judith Rogers, Sri Srinivasan and Robert Wilkins (all Democratic appointees).
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“Obviously, it's good news for petitioners," emailed James Ramsay, general counsel of NARUC, one of the petitioners. "It means one or more of the legal arguments presented have a strong likelihood of winning on the merits. We are anxious to get to oral argument on this one." The FCC and Securus didn't comment.
The panel ordered the new consolidated cases held in abeyance pending the court's disposition of challenges to the FCC's previous rate caps (Global Tel*Link v. FCC, No. 15-1461). The judges directed parties to file motions on future proceedings "within 30 days of the court's disposition" of Global Tel*Link v. FCC. ICS providers, states and sheriffs made their arguments against the previous FCC order in June (see 1606070030).
The FCC Wireline Bureau had denied petitions to stay the August ICS order filed by providers Global Tel*Link, Securus and Telmate, along with NARUC, states and sheriffs (see 1609300054)