FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Richard Blumenthal United States Senate 702 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Blumenthal: November 24, 2015 Thank you for your letter in supp01t of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for i1m1ates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore. inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she an·ived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for res calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 ofthe Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain . This includes prohibiting mandatory Page 2-The Honorable Richard Blumenthal minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage pmiies to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commiss ion, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Cory Booker United States Senate 141 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Booker: November 24,2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for res calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, pmiicularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22,2015, the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Cory Booker minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely, If{~ ~eler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHA I RMAN The Honorable Sherrod Brown United States Senate 713 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Brown: November 24,2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals , including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Sherrod Brown minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely, ~ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Bob Casey United States Senate 393 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Casey: November 24,2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families , who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 20 I and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 20 14 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain . This includes prohibiting mandatory Page 2-The Honorable Bob Casey minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary . The F PRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely, FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Chris Coons United States Senate 383 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Coons: November 24, 2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Chris Coons minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely, FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Richard J. Durbin United States Senate 309 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Durbin: November 24, 2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain . This includes prohibiting mandatory Page 2-The Honorable Richard J. Durbin minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission ' s findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase res options. I appreciate your interest in thi s matter. Please let me know if I can be of any further assistance. Sincerely, FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable AI Franken United States Senate 309 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Franken: November 24, 2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families . Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain . This includes prohibiting mandatory Page 2-The Honorable AI Franken minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take futiher action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely, ~ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Martin Heinrich United States Senate 702 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Heinrich: November 24, 2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 20 I and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Martin Heinrich minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Patrick J. Leahy United States Senate 433 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Leahy: November 24, 2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families . Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS refonn. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015 , the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 20 I and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Patrick J. Leahy minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "tlat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. lt also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely, Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Edward J. Markey United States Senate 218 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Markey: November 24, 2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further No tice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Edward J. Markey minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring res providers to file their res contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely, FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFIC E OF THE CHAIR M AN The Honorable Robert Menendez United States Senate 528 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Menendez: November 24, 2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for im11ates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, i1U11ate calling reform is not only the right thing to do , it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2. 7 million children for whom at least one parent is incarcerated. On October 22, 2015 , the Commission adopted the Second inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rufemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from ilU11ates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate irunate calling. Pursuant to Sections 20 I and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of i1U11ate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Robert Menendez minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated F PRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase res options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely, FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Gary Peters United States Senate 2 Russell Courtyard Washington, D.C. 20510 Dear Senator Peters: November 24, 2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families , who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for res calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional res reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 20 I and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Gary Peters minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely, ~l:r FEDERAL COM M UN !CATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Bernard Sanders United States Senate 332 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Sanders: November 24, 2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Bernard Sanders minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. ~heeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Sheldon Whitehouse United States Senate 502 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Whitehouse: November 24, 2015 Thank you for your letter in support of the Commission ' s ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for man y famili es, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do , it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second Inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities , including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 of the Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission ' s 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Sheldon Whitehouse minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called "flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection. requiring ICS providers to file their ICS contracts with the Commission. and video visitation and other newer technologies to increase ICS options. I appreciate yo ur interest in thi s matter. Please let me know if I can be of any further assistance. Sincerely, FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Ron Wyden United States Senate 223 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Wyden: November 24,2015 Thank you for your letter in support of the Commission's ongoing efforts to comprehensively reform inmate calling services (ICS). I agree with your sentiments about the importance of ensuring fair and just calling rates for incarcerated individuals, including moving forward to curb intrastate calling rates for inmates and their families. Your views are very important and will be included in the record of the proceeding. Few issues the Commission acts upon have a more direct and meaningful impact on the lives of millions of American than ICS reform. As your letter indicates, contact between inmates and their loved ones has been shown to reduce the rate of recidivism, but high inmate calling rates have made that contact unaffordable for many families, who often live in poverty. Therefore, inmate calling reform is not only the right thing to do, it is also good policy. As you note, our reform efforts have been spearheaded by Commissioner Mignon Clyburn, who began championing this issue when she arrived at the Commission in 2009. Under her stewardship as acting Chairwoman in 2013, the FCC adopted interim caps on excessive rates for ICS calls across state lines, and she continues to demonstrate her valiant leadership on this critically important issue, particularly for the 2.7 million children for whom at least one parent is incarcerated. On October 22, 2015, the Commission adopted the Second inmate Calling Services Report and Order (Order) and Third Further Notice of Proposed Rulemaking (FNPRM). In this Order, the Commission adopted additional ICS reforms to ensure a reasonable rate structure for phone calls from inmates at correctional facilities, including tiered rate caps that apply to all interstate and intrastate inmate calling. Pursuant to Sections 201 and 276 ofthe Communications Act, the tiered rate caps are sufficient to allow providers to continue to receive fair compensation and a reasonable return on investment and, at the same time, fully cover the enhanced security requirements of inmate calling. The tiered rate caps are based on facility size and type and grounded in the data received in response to the Commission's 2014 Mandatory Data Collection, which demonstrated a difference in costs to serve facilities of different types and sizes. The new rules also close loopholes by barring most add-on fees imposed by ICS providers and set strict limits on the few fees that remain. This includes prohibiting mandatory Page 2-The Honorable Ron Wyden minimum payments and placing a floor on mandatory maximum account deposits. Furthermore, the rules prohibit providers from imposing so-called " flat-rate calling," which is a flat rate for a call up to 15 minutes regardless of actual call duration. Extra fees and charges can increase by as much as 40 percent the cost of families staying in touch by phone with loved ones who are incarcerated. In addition, the Order mandates discounted rates for disability-access calls, requires annual reporting and certification by inmate calling providers, and establishes periodic reviews of these reforms. With respect to site commissions, while the Commission did not prohibit providers from paying site commissions, the Order excluded site commission payments from the cost data the Commission used in setting the rate caps. It also made clear that providers may not exceed the rate caps or ancillary service charge caps, even if they have agreed to pay site commissions. Furthermore, the associated FNPRM seeks comment on how to encourage parties to move away from site commissions and urges states to take action on this issue. Additionally, the Commission committed to monitor site commission payments and stated that it will not hesitate to re-evaluate the Commission's findings and take further action if necessary. The FNPRM also seeks additional comment on rates for international calls, promoting competition in the ICS industry, the benefits of a recurring Mandatory Data Collection, requiring ICS providers to file their ICS contracts with the Commission, and video visitation and other newer technologies to increase ICS options. I appreciate your interest in this matter. Please let me know if I can be of any further assistance. Sincerely,