FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN
March 23,2015
The Honorable Gus Bilirakis
U.S. House of Representatives
2313 Rayburn House Office Building
Washington, D.C. 20515
Dear Congressman Bilirakis:
Thank you for contacting me to express your concerns regarding the Commission's
inmate calling services (ICS) proceeding. In your letter, you express concerns that rcs providers
may be limited in their ability to recover costs to administer service in jails and smaller
correctional facilities, and the potential security issues that may result from proposed changes to
ICS. Your views are very important and will be included in the record of the 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 rcs rates, requiring that providers' rates and charges be just,
reasonable, and fair. The Report and Order also required submission of data from ICS providers
on costs and usage, which the Commission received in August 2014. Importantly, the Report
and Order recognized that security measures are an important part of ICS and made clear that it
is appropriate for security costs to be recovered through ICS rates.
The Report and Order is already having positive results. Lower interstate rates and
increased rcs usage enable more families to connect with inmates. Unfortunately, intrastate
rates have increased in many states. Moreover, ICS providers are imposing an increasing array
of ancillary charges.
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 Second
Further Notice of Proposed Rulemaking ("Further Notice") with a goal of comprehensively
reforming the ICS system, including both interstate and intrastate rates. The Further Notice
seeks comment on the data submitted by ICS providers in August of this year, which included
cost data for jails and prisons of all sizes. The Further Notice also seeks comment on the data
and whether rules should account for the differences in costs to serve different types of facilities.
With respect to the concerns you have raised regarding cost recovery, the Further Notice
also seeks comment on whether correctional institutions incur any costs in the provision of ICS
and, if so, how facilities should recover such costs. Finally, the Further Notice seeks comment
Page 2-The Honorable Gus Bilirakis
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 representatives of the law enforcement
community. The goal of the Further Notice is to reform the ICS system comprehensively,
without sacrificing security, while 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.
Sincerely, J If I
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Tom Wheeler