Pay-Tel Communications submitted an “Ethical Proposal for Reform of Inmate Calling Rates and Fees” to the FCC calling for lower interstate and intrastate calling rates for state and federal prisons than the proposal submitted by Global Tel*Link, Securus Technologies and Telmate, but higher rates for local, county and regional jail calls, according to a comparison of the proposals posted as an ex parte notice Wednesday in docket 12-375 (http://bit.ly/1nd1aXJ). Pay-Tel would cap prison calls at 8 cents per minute, compared with 20 cents per minute under the proposal from other ICS providers, the filing said. The two ICS proposals were submitted as a Further NPRM circulates at the FCC (CD Sept 26 p10). Rates would be capped at 26 cents per minute for jails with an average population of less than 350 inmates, and 22 cents/minute for larger jails, Pay-Tel said. The proposal from the other ICS providers had the same 20 cents/minute cap for jails as prisons. While the Global Tel*Link, Securus and Telmate’s proposed rate caps and ban on commission payments to facilities would take effect 90 days after adoption by the FCC, Pay-Tel would grandfather contract rates and commissions for a minimum of 18 months, the filing said. Among other differences, Pay-Tel called for lower caps on transaction, money transfer and validation fees, said the comparison. Prisons and jails have different costs, so “it doesn’t make sense to have a single cap that applies without regard to the type of facility,” said Brooks Pierce attorney Marcus Trathen, representing Pay-Tel. Grandfathering current contracts would allow facilities to “get beyond the current budget before they are impacted by the new rules,” Trathen said. Securus is evaluating the proposal, said Stephanie Joyce, an Arent Fox communications lawyer representing the company.
The FCC Wireline Bureau said it’s making changes to the FCC Form 477 filing interface, and as a result it remains closed Tuesday. The form is used for local phone competition and broadband reporting. The bureau said it closed the interface Sept. 26 (CD Oct 1 p14) “out of an abundance of caution,” but the closure presented an opportunity. “With access to the site suspended, we believe this is an opportune time to deploy newly-developed technical improvements to the interface that should significantly enhance its overall performance,” the bureau said (http://bit.ly/1vKRdBg). “We expect improvements in the stability and processing times of large file uploads.” The FCC Technological Advisory Council Working Group on Form 477 recommended the changes, the bureau said. It said it will offer an update on the site’s status in about two weeks, along with a new deadline for making Form 477 filings.
The FTC extended by a month the deadline for consumers to comment on its telemarketing sales rule (TSR) to Nov. 13, the FTC said Tuesday. The commission said in late July that it was reviewing the TSR as part of its systematic review of all of its rules and regulations. The review is focusing on the TSR’s efficacy in the market and whether the commission should retain the rule, modify it or rescind it. The FTC also seeks comment on more specific issues like whether to modify the TSR’s pre-acquired account information provisions to reflect the Restore Online Shoppers’ Confidence Act. Updates to the TSR have included the 2003 creation of the Do Not Call Registry and more-recent updates in 2008 and 2010 to address pre-recorded calls and debt relief services (http://1.usa.gov/1vPQXQ5).
The FCC rejected “in its entirety” a petition for reconsideration filed by Saturn Telecommunication Services (STS) seeking to overturn an Enforcement Bureau order on an interconnection complaint the CLEC filed against AT&T. The recon order was released Tuesday (http://bit.ly/1y1KB4X). STS alleged AT&T “unlawfully failed to negotiate the parties’ interconnection agreement in good faith, refused to provide STS access to certain unbundled network elements (UNEs), and failed to migrate STS’s customers to a special access facility in an appropriate manner,” the FCC said. The bureau “correctly concluded that STS released all of the statutory claims raised in its Complaint” in an earlier settlement agreement with AT&T, the FCC said.
The FCC Wireline Bureau refused to reinstate E-rate funding for Le Jardin Academy in Kailua, Hawaii, after the school canceled a funding request number (FRN) for services to be provided by SystemMetrics. The school canceled the FRN in September 2012 and appealed two months later, the bureau said in an order released Monday (http://bit.ly/1ElHExr). “Previously, we have found that good cause exists to grant requests to reinstate funding requests in situations where the record demonstrates that an applicant inadvertently canceled its FRN,” the bureau said. “By contrast, in this case, Le Jardin voluntarily and intentionally cancelled [sic] one of its FRNs.”
A petition being submitted to the FCC to update rules acting as barriers to competition and broadband investment will be discussed by USTelecom and CenturyLink officials at a media call Monday, said a news release from the groups Friday. Scheduled to be involved are Steve Davis, USTelecom board chairman and CenturyLink executive vice president-public policy and government affairs, and USTelecom CEO Walter McCormick.
Securus must give Pay-Tel Communications an unredacted copy of its inmate calling cost study by Monday, after the FCC Wireline Bureau denied Securus’s request for confidential treatment. Securus had said releasing the documents would cause it “irreparable harm,” said the Wednesday order (http://fcc.us/1sOWzxe) in docket 12-375, but the bureau said Pay-Tel’s outside counsel, who requested the records, is not involved in competitive decision-making. The bureau granted another Securus request that the documents not be made routinely available for public inspection.
A secure Web portal (http://bit.ly/1uDYhS0) was activated Wednesday by the FCC Wireline Bureau for the electronic filing of special access information and certifications, a bureau public notice said (http://bit.ly/1xFY8ik). The information is due Dec. 15.
Education and library groups battled in E-rate modernization replies filed at Tuesday’s deadline over increasing funding for the program. The FCC “continues to lack sufficient baseline data to determine the ‘high-capacity connectivity'” needed to make decisions on future E-rate funding, so it’s “premature” for the commission to consider increasing funding, said the American Cable Association (http://bit.ly/1pGbkL3), echoing comments telcos made earlier (CD Sept 18 p11). More data would only back up the need for more funding, emailed American Association of School Administrators (AASA) Associate Executive Director Noelle Ellerson. Arguing the FCC isn’t able to increase funding without more data is “short-sighted, ill-willed, and certain to not only undermine the long-term success and sustainability of the E-rate program but to also threaten the continued persistence of the connectivity gap if not further exacerbate it,” Ellerson said. “In a time when almost every single classroom and the majority of libraries in the nation have lower speed internet access than the average American home while serving multiple times more users per day, it is time to ensure that our libraries and schools are connected with the quality of connectivity that is sufficient and scalable for today’s ever-growing connectivity needs,” said a joint letter from more than 30 companies and groups, including AASA and the National Education Association. The commission should ensure there’s sufficient funding for low-income schools and libraries to have adequate broadband and Wi-Fi connections, said minority groups including the Minority Media and Telecommunications Council, the NAACP and the National Black Caucus of State Legislators (http://bit.ly/1rGyuoB). But an increase shouldn’t hit consumers or pull money from other USF programs like Lifeline, and distinctions should be removed between funding broadband connections to schools and libraries, and Wi-Fi within the facilities, the groups said. Echoing Chairman Tom Wheeler’s call for closing the connectivity gap facing rural schools and libraries, the American Library Association (ALA) said (http://bit.ly/1E0H4VL) “over half of all libraries report speeds of 10 Mbps or less -- for rural libraries this increases to about 70 percent.” ALA also called for more funding.
Two of three LECs have reduced congestion at interconnection points they have with Level 3 since March, but it’s hardly a promising sign for an open Internet, said Level 3 Vice President-Content and Media Mark Taylor in a blog post Tuesday (http://bit.ly/YNYQea). Congestion for the two LECs, which he did not name, improved only because they “forced Netflix to pay to interconnect directly with them,” the post said. Netflix signed the deal “because they had no choice: all third-party content that LEC broadband users want to see eventually has to go through LEC interconnection points. When the LEC tries to turn these interconnection points into Internet tollbooths there is no alternate path for the content to take to reach the consumers,” said Taylor. Broadband providers are offering “'Not’ Neutrality: a competitive distortion made possible by the monopoly control they have over access to their customers,” he said. “These broadband providers are willing to degrade the performance of the service they sell to their customers to extract arbitrary access charges, discriminate against third-party Internet content and harm competition."