[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Page 8879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5187]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 61 and 64
[FCC 96-34]
Inmate Calling Services--Prison Payphones
AGENCY: Federal Communications Commission.
ACTION: Declaratory ruling.
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SUMMARY: On January 30, 1996, the Commission adopted a Declaratory
Ruling that inmate-only payphone instruments are customer premises
equipment (CPE) that must be provided on an unregulated basis. The
Commission additionally denied petitioner's request that certain
inmate-only services be considered enhanced services. The intended
effect is to ensure that the inmate-only payphone market remains
competitive.
EFFECTIVE DATE: March 6, 1996.
FOR FURTHER INFORMATION CONTACT: Alan A. Thomas, Attorney, Network
Services Division, Common Carrier Bureau, (202) 418-2338.
SUPPLEMENTARY INFORMATION: This report summarizes the Commission's
Declaratory Ruling in the matter of Petition for Declaratory Ruling by
the Inmate Calling Services Providers Task Force--Prison Payphones,
(RM-8181, FCC 96-34, adopted January 30, 1996 and released February 20,
1996). The file is available for inspection and copying during the
weekday hours of 9 a.m. to 4:30 p.m. in the Commission's Reference
Center, room 239, 1919 M St., N.W., Washington D.C., or copies may be
purchased from the Commission's duplicating contractor, ITS, Inc. 2100
M St., N.W., Suite 140, Washington, D.C. 20037, phone (202) 857-3800.
Analysis of Proceeding
1. Petitioner requested the Commission to rule that LECs must
provide inmate-only payphone instruments as detariffed CPE and must
offer certain prison inmate payphone services as unregulated enhanced
services. Petitioner argued that inmate-only payphone service is
distinguishable from pay telephone service offered to the ``transient
mobile public,'' as defined in Tonka Tools, Inc. 58 RR 2d 903, 50 FR
24694 (June 12, 1985) and therefore not entitled to special treatment
pursuant to Amendment of Section 64.702 of the Commission's Rules and
Regulations (Computer II), 77 FCC 2d 384 (1980), 45 FR 24694 (May 13,
1980).
2. In this Declaratory Ruling, the Commission concluded that the
decision in Tonka resulted from a concern that payphones should be
available to the ``transient mobile'' or general public. Those
concerns, the Commission concluded, are not applicable in the context
of prison payphones. Thus the Commission agreed with Petitioner that
inmate-only payphones are to be considered CPE for regulatory purposes.
3. Additionally, the Commission rejected Petitioner's argument that
inmate phone services such as call monitoring and blocking, and
restrictions on call timing and duration are enhanced services under
the Commission's Computer II decisions. The Commission concluded that
these services may be characterized as adjuncts to basic service under
existing precedent. The Commission also concluded that the record
provided insufficient detail to support a ruling that inmate Personal
Identification Numbers (PINs) are an enhanced service.
4. Ordering Clauses. It is ordered, pursuant to Section 4 of the
Communications Act as amended, 47 U.S.C. Secs. 154, that the petition
for declaratory ruling filed by the Inmate Calling Services Providers
Task Force of the American Public Communication Council is Granted to
the extent discussed and otherwise IS Denied.
5. It is further ordered that carriers shall notify their customers
in writing for prison payphone service of the change in status of
inmate-only customer premises equipment from a regulated activity to a
nonregulated activity by July 1, 1996. Accordingly, by September 2,
1996, the LECs must reclassify any inmate-only pay telephone investment
recorded in Account 32.2351, Public telephone terminal equipment, along
with the associated depreciation and tax reserves and any related
expenses, from a regulated activity to nonregulated activity pursuant
to our Part 64 rules. The LECs shall also establish whatever Part 64
cost pools are needed to accomplish this reclassification and shall
file revisions to their Cost Allocation Manuals reflecting this
reclassification within sixty (60) days prior to the effective date of
the change. In addition, carriers must make appropriate tariff changes
pursuant to Part 61 of the Commission's Rules.
6. List of Subjects in 47 CFR Parts 61 and 64
Inmate-only payphone equipment, Communications common carriers,
Telephone.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-5187 Filed 3-5-96; 8:45 am]
BILLING CODE 6712-01-P
