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DocuSign Envelope ID: B0DB1B28-C7D3-4CAB-9CDF-7FFC0A9804C1
AMENDMENT NO. 1 TO
INMATE TELEPHONE SERVICE CONTRACT
This Amendment No. 1 to the contract for Inmate Telephone Services #C-1752 (“Amendment”) between
CenturyLink Public Communications, Inc., formerly known as Embarq Payphone Services, Inc. (“CenturyLink”)
and the State of Wisconsin, Department of Corrections (“Department”) is entered into this ____ day of February,
2016. Throughout this Amendment CenturyLink and the Department will each be deemed to be a “Party”, and
collectively they will be “Parties”.
RECITALS
1. A contract for Inmate Telephone Services #C-1752 (“Contract”) was entered into between the Parties on
July 6, 2009.
2. A Contract extension option between the Parties was exercised June 12, 2015, with a new Contract
expiration date of December 31, 2017.
3. The Parties desire to amend the Contract to bring the rates being charged to callers using the inmate
calling system into compliance with recently enacted federal requirements, as described below.
4. In consideration of the mutual promises and agreements set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Department and
CenturyLink agree to amend the Contract as stated below.
BACKGROUND
5. The Federal Communications Commission (“FCC”) in WC Docket No. 12-375, recently adopted an order
that addresses the rates and fees that can be charged for Inmate Calling Services (“ICS”). When this order
becomes effective it will change the relationship between the Parties regarding the provision of ICS,
including among other things setting new caps on per-minute calling rates for ICS calls. See, Rates for
Interstate Inmate Calling Services, Second Report and Order and Third Further Notice of Proposed
Rulemaking, WC Docket No. 12-375, released October 22, 2015 (“FCC Order”).
6. The new rules mandated by the FCC Order, including the new caps on per-minute calling rates, must be
in place for state prison systems such as the Department no later than March 17, 2016.
7. Both Parties acknowledge that the FCC Order is subject to legal challenge and that multiple entities have
sought a stay of its implementation or have filed an appeal claiming the FCC Order was unlawful.
AMENDMENT
8. If the rate caps or other relevant rules contained in FCC Order are not stayed or held to be unlawful by the
March 17, 2016 effective date, then the Parties agree that as of that date the rates contained in Section
10.3 of the Contract, Additional Terms, will be amended to read as follows:
10. COST & REVENUE REQUIREMENTS
10.3
Call Type:
Local:
IntraLATA:
InterLATA:
Interstate:
Set-Up Charge:
Per Minute Rate:
$0.00
$0.00
$0.00
$0.00
$0.11
$0.11
$0.11
$0.11
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DocuSign Envelope ID: B0DB1B28-C7D3-4CAB-9CDF-7FFC0A9804C1
9. Other than as set forth above, the Contract remains unchanged and in full force and effect. This
Amendment is made a part of and incorporates all of the other terms and conditions of the Contract. If
there is a conflict between the terms of the Contract and this Amendment, the terms of this Amendment
will control.
WHEREFORE, CenturyLink and the Department have caused this Amendment to be executed by its duly
authorized representatives.
For
State of Wisconsin
Department of Corrections
3099 E Washington Avenue
P.O. Box 7925
Madison, WI 53707
By
For
CenturyLink Public Communications, Inc.
600 New Century Parkway
New Century, KS 66031
By
Edward F. Wall, Secretary
Paul Cooper, Vice President & General Manager
Date
Date
05 Feb 2016
Phone
Phone
913.353.7388
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