FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFI C E O F THE C H A IR MAN The Honorable Jeff Miller U.S. House of Representatives 336 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Miller: March 27, 2014 Thank you for contacting me to express your concerns over the potential effects that the Federal Communications Commission's inmate calling services proceeding could have on jails and smaller correctional facilities. Your views are very important and will be included in the record ofthe proceeding and considered as part of the Commission's review. On September 26, 2013, the Commission released a Report and Order and Further Notice of Proposed Rule making on inmate calling services (ICS). In the Report and Order portion ofthe item, the Commission adopted interim reforms of interstate inmate calling service rates, requiring that providers' rates and charges be just, reasonable and fair. The Report and Order also requires submission of data from ICS providers on costs, rates, and usage. The Report and Order recognized that security measures are an important part of inmate calling services, and allowed security costs to be recovered through inmate calling service rates. The Report and Order also leaves critical decisions about security to correctional facilities and inmate calling service providers. With respect to the concerns you convey that some jails and smaller correctional facilities may have to reduce or discontinue interstate inmate calling services due to the reforms, inmate calling service providers that do not believe their costs will be recovered may seek a waiver of the adopted rate caps. In the Further Notice portion of the item, the Commission sought public comment on a number of outstanding issues regarding inmate calling services, including reform of intrastate ICS rates and practices, and whether the Commission should adopt a rate structure that distinguishes between jails and prisons. Comments on the Further Notice were due on December 20, 2013, and reply comments were due on January 13, 2014. The Commission currently is reviewing the record in this proceeding. On January 13, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a partial stay of the Report and Order, pending further judicial review. Three of the rules adopted in the Report and Order were stayed by the Court of Appeals and did not go Page 2-The Honorable JeffMiller into effect. These include requirements that inmate calling service rates be cost-based, the interim safe harbor rates, and the annual reporting and certification requirements. The remaining rules adopted in the Report and Order became effective on February 11, 2014. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely,