F E DERAL COMMUNICATION S C O M MISSION 
WASHINGTON 
OFFICE OF 
THE CHAIRMAN 
The Honorable Patrick Toomey 
United States Senate 
510 Dirksen Senate Office Building 
Washington, D.C. 20510 
Dear Senator Toomey: 
January 23,2015 
Thank you for contacting me to express concerns regarding the Commission' s inmate 
calling services (ICS) proceeding. In your letter, you strongly urge Commission to consider state 
and local government budget concerns, as well as potential security issues that may result from 
the proposed changes to ICS. 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 Rulemaking on ICS. In the Report and Order, the Commission adopted 
interim reforms of interstate res rates, requiring that providers' rates and charges be just, 
reasonable, and fair. The Report and Order also required submission of data from IC providers 
on costs and usage, which the Commission received in August 2014. 
The Report and Order recognized that security measures are an important part of IC and 
made clear that it is appropriate for security costs to be recovered through ICS rates. In the 
associated Further Notice of Proposed Rulemaking, the Commission sought public comment on 
a number of outstanding issues regarding ICS - including reform of intrastate ICS rates and 
practices - and whether the Commission should adopt a rate structure that distinguishes between 
jails and prisons. 
The Report and Order is already having positive results with decreased interstate rates 
and increased ICS usage enabling more families to connect with inmates. On the other hand , 
intrastate rates have increased in many states. lCS providers are imposing an increasing array of 
ancillary charges, and correctional facilities are continuing to demand site commissions, or 
payments to facilities that arc not based on their costs to provision res, which represent a 
significant portion of ICS provider gross revenues. 
Under the leadership of Commissioner Clyburn, who has been spearheading the 
Commission's effort on this issue, on October 17, 2014, the Commission adopted a S'econd 
Further Notice of Proposed Rulemaking ("Further Notice" ) with a goal of comprehensively 
reforming the ICS system, including both interstate and intrastate rates. The Further Notic:e 
seeks comment on the data submitted by ICS providers in August, which included cost data for 
jails and prisons of all sizes. The Further Notice also seeks comment on whether to ban site 
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commissions, as well as permanent rate caps on all services: local, in-state long distance, and 
interstate long distance telephone services. Finally, the Further Notice seeks comment on 
providing a multi-year transition period to provide sufficient time for correctional facilities to 
adjust their budgets. 
Please be assured that we will take into consideration the issues and concerns presented 
by all stakeholders engaged in this proceeding, including state and local governments. The goal 
of the Further Notice is to reform the ICS system comprehensively, while also ensuring 
appropriate cost recovery and transition periods for correctional facilities. 
I appreciate your interest in this matter. Please let me know if I can be of any further 
assistance. 
Tom Wheeler