Securus Technologies defended its FCC filings reporting death threats to its executives and revealed that commission staffers believe its first filing violated Sunshine Act lobbying restrictions. Securus said it was responding to an FCC "notice of apparent ex parte violation" and a Martha Wright Petitioners motion to strike the filings from the record and sanction the company (see 1511030054). Securus said the FCC should deny the motion and find the company’s filings aren't violations of its rules. Securus blamed the threats on statements the agency made in voting Oct. 22 to restrict inmate calling service (ICS) charges (see 1510220059).
Some inmate rights advocates took issue with Securus and Global Tel*Link filings citing threats to their officials that the companies blamed on statements the FCC made in restricting inmate calling service (ICS) charges. The Martha Wright Petitioners group asked the FCC to strike from the record the recent Securus and Global Tel*Link (GTL) filings as violations of Sunshine Act lobbying restrictions, and to consider sanctions against the companies. Human Rights Defense Center (HRDC) Executive Director Paul Wright (no relation to Martha Wright) agreed the ICS provider filings “seemed designed to circumvent” FCC rules. “At best, it's whining about having their obscene profits modestly curtailed,” he said.
Global Tel*Link officials have been personally threatened "in apparent response" to FCC statements on its recent action inmate calling service (ICS) charges, GTL CEO Brian Oliver said in a letter posted in docket 12-375 Wednesday. He said law enforcement is investigating the threats, which are similar to those made against Securus executives (see 1510270065) after the agency capped ICS rates and limited fees (see 1510220059). “It appears these threats are being driven by press reports” of the FCC action “and the press releases issued by the FCC describing that action,” including state-specific releases, Oliver said. The agency’s Virginia release “contained inaccurate information, which was later corrected by the Virginia Department of Corrections,” he said, adding that GTL has worked to reduce ICS charges, introduce new calling and messaging technology, and provide streamlined payment options for users. “GTL’s proposals have been tailored to meet the needs of all stakeholders -- inmates and their families, correctional institutions, ICS providers, and the safety of the general public,” he said. “In an effort to ensure the safety of its executives and its employees, GTL urges the FCC to take all necessary steps to address any incendiary and erroneous press statements issued or planned." An FCC spokesman had no comment.
Pay Tel Communications criticized the FCC inmate calling service order, though not as harshly as fellow ICS providers Securus and Global Tel*Link, which have already vowed to challenge the agency in court (see 1510220059). The National Sheriffs’ Association said it was “shocked and disappointed” by the order to cap rates, limit ancillary charges and discourage “site commission” payments to correctional authorities. But Congressional Black Caucus (CBC), Multicultural Media, Telecom and Internet Council (MMTC) and the National Hispanic Media Coalition (NHMC) applauded the order and Further NPRM.
Global Tel*Link filed a prohibited ex parte presentation two days after the FCC released its sunshine notice on the inmate calling service (ICS) item set for a vote at Thursday’s meeting, the Wireline Bureau said Wednesday. The FCC plans a vote on a draft item to limit ICS user rates and charges (see 1509300067). The bureau nonetheless will make the filing part of the official record in docket 12-375, the public notice said. Proposed rates, as projected in an FCC fact sheet, “would reduce all ICS rates to levels that are not supported by the record cost data and would not ensure fair compensation for ICS providers as required by law,” GTL told the agency. “It is not enough for a rate cap to be placed squarely at cost. This means that a significant portion of the ICS industry would face costs in excess of the proposed caps.” The bureau said it's referring the filing to the Office of General Counsel (OGC). GTL didn't comment. An industry official said the filing of a notice with OGC is simply a procedural requirement under the FCC's rules.
Securus said it and others would appeal an FCC inmate calling service order unless changes are made to a draft, particularly to a section on “site commissions” that service providers pay to correctional authorities. Numerous sheriffs’ groups also voiced concern Thursday that the draft language wouldn't allow for adequate cost recovery and could cause inmate calling services to be curtailed. The National Sheriffs’ Association urged the FCC at least to provide for a one-year transition to a new regime. The draft order would cap all ICS rates, restrict ancillary fees, strongly discourage -- but not ban -- site commissions, and take effect after 90 days (see 1509300067). The agency plans to vote Oct. 22.
The Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) upheld a Securus patent in a ruling on a petition filed by industry competitor Global Tel*Link (GTL) seeking to invalidate the patent, Securus said in a news release Monday. The disputed patent concerned an incentive program that offered discounted calling rates for prison inmates exhibiting good behavior, and is the first of Securus' patents challenged by GTL under the new PTAB review proceedings to be upheld. The PTAB recently invalidated two patents held by Securus after GTL filed petitions for review (see 1509140069). "GTL had requested the [PTAB] invalidate approximately 18 of our patents -- two have been invalidated and one has been upheld -- those are ratios that we expected, so no surprises there," Securus CEO Richard Smith said. "Ultimately -- the number of patent invalidations that GTL seeks is irrelevant to me." There will be no change in how the company operates if one of its patents is invalidated, Smith said, and if GTL successfully invalidates all the patents it has filed petitions against, Securus will still have more than 92 percent of all issued and pending patents in place. GTL didn't comment.
The Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) upheld a Securus patent in a ruling on a petition filed by industry competitor Global Tel*Link (GTL) seeking to invalidate the patent, Securus said in a news release Monday. The disputed patent concerned an incentive program that offered discounted calling rates for prison inmates exhibiting good behavior, and is the first of Securus' patents challenged by GTL under the new PTAB review proceedings to be upheld. The PTAB recently invalidated two patents held by Securus after GTL filed petitions for review (see 1509140069). "GTL had requested the [PTAB] invalidate approximately 18 of our patents -- two have been invalidated and one has been upheld -- those are ratios that we expected, so no surprises there," Securus CEO Richard Smith said. "Ultimately -- the number of patent invalidations that GTL seeks is irrelevant to me." There will be no change in how the company operates if one of its patents is invalidated, Smith said, and if GTL successfully invalidates all the patents it has filed petitions against, Securus will still have more than 92 percent of all issued and pending patents in place. GTL didn't comment.
Inmate calling service (ICS) provider Network Communications International Corp. backed the Alabama Public Service Commission's argument that the FCC shouldn't further sanction the APSC or one of its officials for their roles in the improper release of confidential data and their responses to that breach (see 1510080015). The release was an "inadvertent violation" of a protective order in the ICS rulemaking, said an NCIC filing posted Tuesday in FCC docket 12-375. NCIC noted its cost information was among the confidential data included in a public filing by APSC official Darrell Baker that aggregated the data, but it said Baker never disclosed the detailed cost support that it and other ICS providers submitted. NCIC concluded it wasn't harmed by Baker's posting, nor does it believe other providers were harmed, including Global Tel*Link, which has called for additional FCC sanctions of both the APSC and Baker (see 1510050034). "The APSC has taken a lead role and significantly influenced ICS reforms in Alabama and nationally. Therefore, it is not surprising that some ICS providers resent his contribution and the APSC’s participation in this proceeding," NCIC said. The firm said it concurred with the APSC's remedial actions to prevent future violations and it also recommended Baker be allowed to again participate in the ICS proceeding after he was barred by the FCC from doing so.
Global Tel*Link (GTL) fleshed out its objections to the FCC inmate calling service draft order along with its proposed remedies, while dozens of individuals made filings urging the commission to lower ICS charges. Many filings, generated by a coalition advocating for the rights of inmates and their families, voiced concern about the lack of stronger proposed action against ICS provider "site commission" payments to correctional authorities to win contracts. FCC Chairman Tom Wheeler and Commissioner Mignon Clyburn recently circulated a draft that would cap all prison and jail rates by size-based tiers, restrict ancillary fees, "strongly discourage" -- but not ban -- site commissions and implement changes within 90 days of the effective date. The commission plans to vote on the draft on Oct. 22 (see 1509300067).