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 Federal  Communications  Commission  DA  04-  268 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Implementation  of  Pay  Telephone  Reclassification  and  Compensation 
 Provisions  of  the  Telecommunications  Act  of  1996 


 )  ) 
 )  ) 
 )  )  CC  Docket  No.  96-  128 


 Order 
 Adopted:  February  3,  2004  Released:  February  3,  2004 
 By  the  Chief,  Pricing  Policy  Division: 
 Revised  Filing  Dates:  Comments  Due:  March  10,  2004 
 Reply  Comments  Due:  March  31,  2004 
 1.  On  December  31,  2003,  the  Commission  released  the  Wright  Public  Notice  seeking  comment  on  a  Petition  for  Rulemaking  or,  in  the  Alternative,  Petition  to  Address  Referral  Issues  In 
 a  Pending  Rulemaking  (Wright  Petition)  filed  by  Martha  Wright  and  other  prison  inmate  and  non-inmate  petitioners.  1  The  Wright  Public  Notice  stated  that  comments  would  be  due  20  days  after 
 publication  of  the  public  notice  in  the  Federal  Register,  and  reply  comments  would  be  due  30  days  after  Federal  Register  publication.  The  Federal  Register  published  the  Wright  Public  Notice 
 on  January  20,  2004.  2  Accordingly,  comments  are  due  by  February  9,  2004,  and  reply  comments  are  due  by  February  19,  2004. 


 2.  On  January  26,  2004,  Evercom  Systems,  Inc.,  T-  NETIX,  Inc.,  and  Corrections  Corporation  of  America  (CCA)  (jointly,  “commenters”)  filed  a  joint  motion  to  extend  the  deadlines 
 for  filing  comments  and  reply  comments  in  this  proceeding.  3  In  their  pleading,  commenters  contend  that  the  comment  period  set  forth  in  the  Wright  Public  Notice  is  “inadequate  to  permit  the 
 preparation  and  compilation  of  technical  and  related  evidence  on  the  competitive  and  economic 


 1  Petition  for  Rulemaking  Filed  Regarding  Issues  related  to  Inmate  Calling  Services,  Pleading  Cycle  Established,  CC 
 Docket  No.  96-  128,  Public  Notice,  DA  03-  4027  (December  31,  2003)  (Wright  Public  Notice).  2 
 See  Implementation  of  the  Pay  Telephone  Reclassification  and  Compensation  Provisions  of  the  Telecommunications  Act  of  1996,  CC  Docket  No.  96-  128,  Notice  of  Proposed  Rulemaking,  69  FR  2697  (January 


 20,  2004).  3 
 Implementation  of  the  Pay  Telephone  Reclassification  and  Compensation  Provisions  of  the  Telecommunications  Act  of  1996,  CC  Docket  No.  96-  128,  Joint  Motion  to  Extend  Time  for  Filing  Public  Comments  filed  by  Evercom 


 Systems,  T-  NETIX,  and  Corrections  Corp.  on  January  26,  2004. 
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 Federal  Communications  Commission  DA  04-  268 
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 structure  of  the  inmate  services  market.”  4  In  support  of  their  contention,  commenters  note  that  the  Wright  Petition  is  a  lengthy,  345-  page  filing  that  proposes  fundamental  changes  in  the 
 Commission’s  approach  to  regulation  of  telecommunications  services  provided  to  incarcerated  inmates  (“  inmate  services”).  5  Commenters  further  assert  that,  unless  the  comment  cycle  is 
 extended,  most  correctional  agencies  and  officials  would  be  unable  to  respond  and  participate  in  the  proceedings.  6 


 3.  It  is  the  policy  of  the  Commission  that  extensions  of  time  are  not  routinely  granted.  7  In  this  instance,  however,  the  Bureau  finds  that  the  commenters  have  shown  good  cause  for  an 
 extension  of  the  deadline  for  filing  comments  and  reply  comments  in  this  proceeding.  Because  of  the  complexity  of  the  issues,  the  related  necessary  economic  analysis,  and  the  length  of  the 
 pleadings,  we  grant  a  limited  extension  so  that  parties  may  file  comments  by  March  10,  2004,  and  reply  comments  by  March  31,  2004.  This  matter  shall  continue  to  be  treated  as  a  “permit-  but-disclose” 
 proceeding  in  accordance  with  the  Commission’s  ex  parte  rules.  8  All  other  requirements  discussed  in  the  Wright  Public  Notice  remain  in  effect. 


 4.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  the  authority  delegated  in  sections  0.91  and  0.291  of  the  Commission’s  rules,  47  C.  F.  R.§§  0.91,  0.291,  that  the  Joint  Motion  to 
 Extend  Time  For  Filing  Public  Comments  filed  by  Evercom  Systems,  Inc.  T-  NETIX,  Inc.,  and  Corrections  Corporation  of  America  (CCA)  IS  GRANTED  to  the  extent  discussed  herein. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Tamara  L.  Preiss  Chief 
 Pricing  Policy  Division  Wireline  Competition  Bureau 


 4  Joint  Motion  to  Extend  Time  for  Filing  Public  Comments  at  2. 
 5  Joint  Motion  to  Extend  Time  for  Filing  Public  Comments  at  1. 
 6  Joint  Motion  to  Extend  Time  for  Filing  Public  Comments  at  5. 
 7  47  C.  F.  R.  §  1.46(  a). 
 8  47  C.  F.  R.  §  1.1206. 
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