Global Tel*Link is trying, where possible, to cut the costs of prison calling and pass the savings along to incarcerated people and their families, CEO Deb Alderson told FCC Commissioners Brendan Carr and Nathan Simington and aides to the other commissioners. Alderson “has been sensitive to controlling costs, while also pressing for innovation,” said a filing posted Monday in docket 12-375. “GTL has made significant investment in research and development geared towards new technologies and infrastructure to provide secure communications and keep people connected while maintaining public safety.”
The California Public Utilities Commission scheduled late April hearings to collect feedback on inmate calling services' intrastate rates (see 2011100033). Securus, Global Tel*Link and other ICS providers must give advance notice of the hearings “via several communication channels,” Administrative Law Judge Cathleen Fogel ruled Friday in docket R.20-10-002. The hearings are April 28 at 1:30 p.m. PDT and April 29 at 6:30 p.m. PDT.
"Reconsider its reliance on the endpoint" for an inmate calling service call to determine whether it's intrastate or interstate, NCIC Inmate Communications asked the FCC in docket 12-375, responding to Global Tel*Link's petition for reconsideration of the new standard (see 2012030056). NCIC's reply posted Friday supported GTL's petition and urged the commission to follow its precedent of relying on the area code of a recipient's phone number. GTL said the new rule is "an exercise of unreasonable rulemaking, issued without consideration of the feasibility of its implementation or its effect on state authority."
The Wireline Bureau clarified that replies to opposition on Global Tel*Link's petition for reconsideration of the FCC's 2020 inmate calling services order are due Jan. 21, in a public notice Friday in docket 12-375 (see 2012030056).
The FCC is expected to make some changes on inmate calling services when members vote Thursday (see 2007160072), including adding questions to an NPRM. Staff for commissioners has been discussing tweaks, and talks have been mostly amiable, agency and industry officials said in interviews this week. Providers and proponents of lower calling rates for inmates want changes to the draft, including over how calls are classified. Eighty percent of traffic is classified as intrastate, the rest interstate, and ICS providers warn that could flip based on the order.
The FCC should rule it has authority to impose caps in ancillary fees for inmate calls because they can't be jurisdictionally segregated between interstate and intrastate calls, advocates said in filings posted through Monday in docket 12-375. Worth Rises, the Prisoner Policy Institute and others jointly want quick action due to a "record of rampant abusive charges" by inmate calling service providers. They questioned ancillary fees including for automated payment, live agent, third-party financial transaction and paper bill, saying the charges can increase the costs of phone calls from inmates as much as 40%. "If the Commission does not sustain its previous actions to rein in excessive ICS ancillary service charges, ICS providers will simply return to their old habits, exacting the same outsized payments through different, evolving mechanisms and loopholes," said Pay Tel Communications. Securus doesn't "believe the Commission can reach any conclusion regarding the application of these caps as a generic matter," it said, "since the jurisdiction of any given payment transaction depends on the specific circumstances." Global Tel*Link argued against a one-size-fits-all approach.
The FCC Wireline Bureau wants to know whether to cap ancillary service charges for inmate calling services (ICS) when they're subject to both federal and state regulatory authority, said a public notice Tuesday on docket 12-375. The bureau wants to refresh the docket in response to a remand from the U.S. Court of Appeals for the D.C. Circuit after Global Tel*Link v. FCC, when the court "could not discern from the record whether ancillary fees can be segregated between interstate and intrastate calls." A 2015 ICS order didn't address the question, the bureau said. "We now seek specific comment on whether each permitted ICS ancillary service charge may be segregated between interstate and intrastate calls and, if so, how." Staff wants to know how to proceed when such services are jurisdictionally mixed: "Should we simply apply the cap to jurisdictionally mixed services?" The bureau wants to make sure next steps are consistent with the D.C. Circuit's decision.
The FCC should grant its petition for forbearance on USF contributions for interstate and international inmate calling services, for callers and correctional telecom providers, replied Network Communications International Corp., posted in docket 19-232. The company petitioned in August, and Worth Rises says the FCC continue to collect USF fees from providers but prohibit pass-through to consumers (see 1909170029). NCIC said that "would require the modification of other FCC rules which are outside the scope of the proceeding." It said such a change would likely lead some ICS providers to pass the costs to users directly or indirectly. Global Tel*Link said because interstate ICS isn't a Lifeline service, it's subject to USF contributions that can be passed through to users, even when those users and families would typically be Lifeline customers.
A court denied a Louisiana prisoner's bid to enforce FCC inmate calling service rate caps adopted in 2015 and revised in 2016, but vacated in 2017. A mandamus petition "has not demonstrated a 'clear and indisputable' right to relief," ruled Judges David Tatel, Thomas Griffith and Sri Srinivasan of the U.S. Court of Appeals for the D.C. Circuit this week (In re: James Colvin, No. 18-1110). They noted Colvin argued he's being charged a per-minute ICS rate exceeding FCC permanent rate caps of as low as 13 cents per minute. "The rates being charged, however, do not exceed the interim rate caps [of 21 and 25 cents per minute] established by the Commission in 2013, and petitioner has not demonstrated that any other rate caps are currently in effect," wrote the panel, noting the court's 2017 Global Tel*Link v. FCC ruling undoing the permanent rate caps (see 1706130047). The FCC, Securus Technologies and the Louisiana Department of Public Safety and Corrections opposed the mandamus request (see 1809170030).
TKC Holdings, Inmate Calling Solutions and Securus Technologies opposed calls for the FCC to reject TKC's proposed sale of ICSolutions to Securus. They said the Wright Petitioners and other critics "resurrect old allegations" against Securus' character and "assert, supported by scant evidence, that granting the Joint Application will inevitably have negative effects" on inmate calling service competition (see 1807170054). "Neither argument provides a basis for denying or delaying" the deal, said the applicants' opposition (to petitions to deny) posted Tuesday in docket 18-193. "The character arguments rehash the same assertions raised by many of the same Petitioners when they unsuccessfully sought to deny the transfer of control" of Securus to Abry Partners in 2013 and, subsequently, to Platinum Equity in 2017. "They admit that the new evidence (which in any event is erroneous) goes to the same alleged misconduct they raised in 2017. ... Repetitious assertions of claims that have previously been rejected by the Commission are evidently made solely for the purpose of delaying the Transaction." The applicants said competitive concerns are "factually and legally flawed." They said arguments the deal will lead to a duopoly of Securus and Global Tel*Link ignore other competitors such as CenturyLink, disputing it will reduce competition. The applicants filed a separate reply responding to various commenters. Massachusetts Attorney General Maura Healey opposed the transaction, saying it "threatens" ICS competition nationwide and in her state at a time when Securus is seeking to avoid any Massachusetts regulatory oversight," said her reply. "Following many years of exorbitant and unfair charges imposed on inmate calling services, it is abundantly clear that we need more competition and oversight from the FCC and the states, not less."