[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Notices]
[Pages 25341-25342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11729]
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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 96-128; DA 99-841]
Comments Requested To Update and Refresh Record for the Inmate
Payphone Service Proceeding
AGENCY: Federal Communications Commission.
ACTION: Notice; comments requested.
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SUMMARY: This document seeks comment to update and refresh the record
on inmate issues in the Pay Telephone Reclassification and Compensation
proceeding.
DATES: Comments are due on or before June 21, 1999, and reply comments
are due on or before July 21, 1999.
ADDRESSES: Federal Communications Commission, Office of the Secretary,
445 12th Street, SW, TW-325, Washington, DC 20554. One copy of each
filing must be sent also to International Transcription Services, Inc.
(ITS), 1231 20th Street, NW, Washington, DC 20036, (202) 857-3800, and
one copy to the Chief, Competitive Pricing Division, Common Carrier
Bureau, Federal Communications Commission, 445 12th Street, SW, Room 5-
A227, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Lynne Milne or Renee Terry of the
Competitive Pricing Division, Common Carrier Bureau, (202) 418-1520;
TTY (202) 418-0484.
SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice that
was released on May 6, 1999 (DA 99-841). The full text of the Public
Notice is available for inspection and copying during normal business
hours in the FCC Reference Information Center, 445 12th Street, SW,
Room CY-A257, Washington, DC 20554. The complete text of this Public
Notice also may be purchased from the Commission's duplicating
contractor, ITS, 1231 20th Street, NW, Washington, DC 20036, (202) 857-
3800. Alternative formats (computer diskette, large print, audio
cassette and Braille) are available to persons with disabilities by
contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at
mcontee@fcc.gov.
1. On January 30, 1998, the United States Court of Appeals for the
District of Columbia Circuit granted the Federal Communications
Commission's (Commission) motion for voluntary remand of the inmate
issues raised on reconsideration of the Commission's decision in the
Implementation of the Pay Telephone Reclassification and Compensation
Provisions of the Telecommunications Act of 1996. In this Public
Notice, the Common Carrier Bureau invites parties to update their
comments and refresh the record in order to provide a full and up-to-
date record of the inmate issues in this proceeding.
2. We seek comment on state-imposed rate ceilings. The Inmate
Calling Service Providers Coalition (Coalition) requests that the
Commission preempt each state ceiling, arguing that state-imposed rate
ceilings on intrastate inmate calls prevent payphone providers who
serve correctional facilities from recovering the costs of doing
business in the correctional facility environment in violation of
section 276 of the Telecommunications Act of 1996 (1996 Act). To ensure
that the Commission has before it up-to-date data regarding state-
imposed ceilings on payphone providers who serve correctional
facilities and information regarding the circumstances under which the
ceilings apply, we invite the parties to refresh the record regarding
the number of states that currently have established such ceilings, the
amount of each state's ceiling, and the states, if any, where incumbent
local exchange carriers provide services for correctional institutions.
In addition, we seek information regarding how the ceilings are
applied. For example, please explain whether the ceilings apply to the
local call, the operator service charge, or a combination thereof. We
also seek information on whether the state-mandated intrastate rate
ceilings apply only to correctional facility calls or more generally to
all calls made from payphones. Because the Commission's decisions in
this proceeding involve a review of state-imposed ceilings, we invite
comments from the states on this matter.
3. We seek comment on compensation mechanisms for payphone
providers who serve correctional facilities. The Coalition argues that
the Commission has failed to prescribe fair compensation to payphone
providers who serve correctional facilities in violation of section 276
of the 1996 Act. We invite the parties to update their comments on the
compensation mechanism that should be applied to payphone providers who
serve correctional facilities. For example, we request that commenters
specify a proposed compensation mechanism for payphone providers who
serve correctional facilities, if the $0.90 compensation element
proposed by the Coalition is not adopted. In addition, we seek comment
on whether a national compensation rate for payphone providers who
serve correctional facilities should be adopted or whether compensation
should be established for federal, state, and local correctional
institutions and vary by state; if so, we seek comment on how
compensation should be determined.
4. We seek up-to-date information regarding the costs to serve the
correctional facilities and the level and nature of bad debt associated
with payphone providers who serve correctional facilities. We also seek
comment on whether the use of debit cards would mitigate the level of
bad debt associated with payphone providers who serve correctional
facilities. In particular, we ask what specific factors prohibit the
use of debit cards, and if such factors exist in each correctional
institution. We also seek comment on whether the incumbent local
exchange carriers experience the same type and level of bad debt that
the Coalition has suggested in its submissions and we encourage
incumbent local exchange carriers to update their comments on this
issue.
5. We invite the parties to update their comments to address
whether the incumbent local exchange carriers have discontinued all
intrastate and interstate subsidies and discrimination with respect to
their services for correctional institutions. If not, commenters should
[[Page 25342]]
specify the type of subsidy or discrimination that remains.
6. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS) or by filing paper copies. As described in
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(May 1, 1998), comments through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html>. In
completing the transmittal screen, commenters should include their full
name, Postal Service mailing address, and CC Docket No. 96-128. Parties
may also submit an electronic comment by Internet e-mail. To get filing
instructions for e-mail comments, commenters should send an e-mail to
ecfs@fcc.gov, and should include the following words in the body of the
message, ``get form .'' A sample form and
directions will be sent in reply.
7. Parties who choose to file by paper must file an original and
four copies of all comments and reply comments. All comments and reply
comments should reference CC Docket No. 96-128. Paper comments and
reply comments must be filed with the Commission's Secretary, Magalie
Roman Salas, Office of the Secretary, Federal Communications
Commission, 445--12th Street, SW, TW-A325, Washington, DC 20554. In
addition, one copy must be filed with International Transcription
Services (ITS), the Commission's duplicating contractor, at its office
at 1231 20th Street, NW, Washington, DC 20036, and one copy must be
filed with the Chief, Competitive Pricing Division, Common Carrier
Bureau, 445--12th Street, SW, Room 5-A227, Washington, DC 20554.
8. Parties submitting diskettes should submit them along with their
paper filings to the Commission's Office of the Secretary. Submissions
should be on a 3.5 inch diskette formatted in an DOS PC compatible
form. The document should be saved into WordPerfect 5.1 for Windows
format. The diskette should be submitted in ``read only'' mode. The
diskette should be clearly labelled with the party's name, proceeding,
type of submission (comment or reply comment), CC Docket No. 96-128,
and date of submission.
9. This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules at 47 CFR
1.1200, 1.1206. Persons making oral ex parte presentations are reminded
that memoranda summarizing the presentations must contain summaries of
the substance of the presentations and not merely a listing of the
subjects discussed. More than a one or two sentence description of the
views and arguments presented is generally required by 47 CFR
1.1206(b). Other rules pertaining to oral and written ex parte
presentations in permit-but-disclose proceedings are set forth in 47
CFR 1.1206(b).
Federal Communications Commission.
Kris A. Monteith,
Deputy Chief, Competitive Pricing Division, Common Carrier Bureau.
[FR Doc. 99-11729 Filed 5-10-99; 8:45 am]
BILLING CODE 6712-01-P
